An Act To Allow the Sale of Locally Produced Beer and Wine at Farmers' Markets
Maine Legislature, Session 125, LD 0763
Committee Amendment CA_A_H342 (House)
Amends: 7 MRSA §41

COMMITTEE AMENDMENT ,A" to H.P. 570, L.D. 763, Bill, "An Act To Allow 
the Sale of Locally Produced Beer and Wine at Farmers' Markets" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA §41S, sub-§l,~, as amended by PL 2009, c. 547, §l, is further 
amended to read: 
B. "Fann and food products" means any agricultural, horticultural, forest or other 
product of the soil or water, including, but not limited to, fruits, vegetables, eggs, 
dairy products, meat and meat products, poultry and poultry products, fish and fish 
products, grain and grain products, honey, nuts, maple products, apple cider, fruit 
juice, malt liquor, wine, ornamental or vegetable plants, nurselY products, fiber or 
fiber products, firewood and Christmas trees. 
Sec. 2. 28-A MRS A §1355, sub-§10 is enacted to read: 
10. Farmers' market. A licensee under subsection 2 or 3 may sell wine or malt 
liquor pursuant to the provisions of section 1366. 
Sec. 3. 28-A MRSA § 1366 is enacted to read: 
§I366. Retail sales at farmers' market 
1. Retail sales at farmers' market. A licensee under section 1355, subsection 2 or 
or an employee of the licensee who is at least 21 years of age may sell wine or malt 
liquor manufactured in the State by the licensee at a farmers' market pursuant to this 
section. 
2. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Farmer" means a natural person who sells, with or without processing, 
agricultural products raised by the person on land in the State owned or leased by the 
person. 
COMMITTEE AMENDMENT 
(~i:i 
COMMITTEE AMENDMENT~" to H.P. 570, L.D. 763 
B. "Farmers' market" has the same meaning as in Title 7, section 415, subsection 1, 
paragraph B. 
3. Conditions. A licensee under subsection I may sell wine or malt liquor at a 
famlers' market under the following conditions: 
A. 
The licensee shall apply for and must have received authorization to sell at 
farmers' markets from the bureau and paid an annual fee of $75. The application 
pursuant to this paragraph must be in a form determined by the bureau. The licensee 
shall submit the application at least 30 days prior to the date when wine or malt liquor 
is to be sold at a farmers' market; 
B. Prior to each month during which the licensee wishes to sell at a farmers' market, 
the licensee shall provide to the bureau a list of the date, time and location of each 
farmers' market at which the licensee intends to sell and must receive approval from 
the bureau for that month; 
C. The fanners' market must consist of at least 6 separate stalls or booths that sell 
fann or food products, not including alcoholic beverages, and must be authorized by 
the bureau lU1der subsection 4; 
D. The stall or booth operated by the licensee at the farmers' market is considered 
part of the licensed premises of the licensee for purposes of this chapter; 
E. All wine and malt liquor must be prepackaged and sold by the bottle or case; and 
F. Taste testing or sampling of wine and malt liquor is not pennitted at the farmers' 
market. 
4. Farmers' market authorization. At least 30 days prior to the sale of wine or 
malt liquor, a fanners' market must obtain municipal approval to sell wine and malt liquor 
under this section and apply for and receive authorization from the bureau for a licensee 
authorized under subsection 3, paragraph A to sell wine or malt liquor at the farmers' 
market. If the farmers' market is held on private property, the application must include a 
written statement signed by the owner of the property permitting the sale of wine or malt 
liquor in accordance with this section. The bureau may request a diagram of the layout of 
the farmers' market. 
An application required by this subsection must be in a fonn 
determined by the bureau. 
5. Rules. The bureau may adopt rules to carry out the purposes of this section. Rules 
adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A.' 
SUMMARY 
This amendment replaces the bill. The amendment strikes the provisions that wine 
and malt liquor may be provided to others for retail sale and establishes an authorization 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,4 to H.P. 570, L.D. 763 
process for small breweries and farm wineries to sell the products they produce at 
farmers' markets. The amendment also adds a requirement that a farmers' market must 
have municipal approval to sell wine and malt liquor. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/20/11 frac=. 
LD763 
LR 1688(02) 
An Act To Allow the Sale of Locally.Prodnced Beer and Wine at Farmers' Markets 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,Ii" 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Additional costs to the Department of Public Safety associated with rulemaking and enforcing the provisions of this 
legislation can be absorbed with existing staff and within existing budgeted resources. General Fund revenues may 
increase by minor amounts not requiring any change to the budget. 
LR1688(02) - Fiscal Note - Page 1 of 1