An Act To Amend1the Laws Governing the Taste Testing of Alcoholic Beverages
Maine Legislature, Session 124, LD 1628
Committee: Legal and Veterans Affairs
Sponsors: FITTS, TUTTLE, WELSH, PLOWMAN, PINGREE, RUSSELL, GOODALL
Amends: 28-A MRSA §460, 28-A MRSA §1205, 28-A MRSA §1207

Legislative Document 
No. 1628 
H.P. 1156 
House of Representatives, December 23,2009 
An Act To Amend1the Laws Governing the Taste Testing of 
Alcoholic Beverages 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21,2009. Referred to the Committee on 
Legal and Veterans Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative FITTS of Pittsfield. 
7Y/!vi~ 1/7. 7llt2C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: TUTTLE of Sanford, WELSH of Rockport, Senator 
PLOWMAN of Penobscot and Representatives: Speaker PINGREE of North Haven, 
RUSSELL of Portland, Senator: GOODALL of Sagadahoc. 
Primed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, current law is prohibitive to retail establishments that wish to conduct 
tastings of alcoholic beverages; and 
Whereas, in the judgment of the Legislature, these facts create an emergency withii, 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §460, sub-§2, CUN, as enacted by PL 2009, c. 459, § 1, is 
amended to read: 
N. 
Taste testing activities mIst· be conducted in a manner that precludes the 
possibility of observation by ell':Elretr.- For a minimum of 7 days immediately prior to 
a taste-testing event, the agency liquor store shall post prominently at the entrance to 
the store' a sign that announces the date and time of the event. The Department of 
Public Safety shall report annually by January 15th to thejoint standing committee of. 
the Legislature ·having jurisdiction over alcohol regulation matters regarding the 
operation and effectiveness of this paragraph in providing proper notice to adults who 
g 
may wish to preclude minors from observing the taste testing of alcoholic beverages. 
Sec. 2. 28-A MRSA §1205, sub-§2, GfiL, as enacted by PL 2009, c. 459, §2, is 
amended to read: 
. 
L. 
Taste testing activities must be conducted in a. manner that precludes the 
possibility of observation by children. For a minimum of 7 days immediately prior to 
a taste-testing event, the retail licensee shall post prominently at the entrance to the 
store a sign that announces the date and time of the event. The Department of Public 
Safety shall report annually by January 15th to the joint standing committee of the 
Legislature having jurisdiction over alcohol regulation matters regarding the 
operation and effectiveness of this paragraph in providing proper notice to adults who 
may wish to preclude minors from observing the taste testing of alcoholic beverages. 
Sec. 3. 28.-A MRS A §1207, as enacted by PL 2009, c. 438, §5, is reallocated to 
28-A MRSA § 1208. 
Sec. 4. 28-A MRSA §1207, sub-§l, as enacted by PL 2009, c. 459, §4, IS 
. amended to read: 
1. Taste testing on off-premise retail licensee's premises. Subject to the conditions 
in subsection 2, the bureau may authorize an off-premise retail licensee stocking at least 
different ffi:and.s labels of malt liquor to conduct taste testing of malt liquor on that 
licensee's premises. Any other consumption of alcoholic beverages on an off-premise 
retail licensee's premises is prohibited, except as permitted under section 460 or 1205. 
Page I - 124LR2192(Ol)-1 
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Sec. 5. 28-A_MRSA §1207, sub-§2, ~, as enacted by PL 2009, c. 459, §4, is 
amended to read: 
L. 
Taste testing activities must be conducted, in a manner that precludes the 
possibility of observation by children. For a minimum of 7 days immediately prior to 
a taste-testing event, the retail licensee shall post prominently at the entrance to the 
store a sign that announces the date and time of the event. The Department of Public 
Safety shall repOlt annually by January 15th to the joint standingcommittee of the 
Legislature having jurisdiction over alcohol regulation marters regarding the 
operation and effectiveness of this paragraph in providing proper notice to adults who 
may wish to preclude minors from observing the taste testing of alcoholic beverages. 
Emergency clause. 
]n view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY, 
This bill amends the law governing the taste testing of alcoholic beverages to remove 
a provision 'that requires taste testing of alcoholic beverages by licensed retail, 
establishments to be conducted in a manner that precludes the possibility of observation 
by children. It replaces that provision with a requirement that signs announcing the time 
and date of a taste-testing event be posted for at least 7 days immediately prior to the 
event. The bill also makes a minor technical clarification. 
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