An Act To Reduce Regulations for Small Nonalcoholic Beverage Producers
Maine Legislature, Session 128, LD 1409
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CHIPMAN, VOLK, FECTEAU, MASTRACCIO, STETKIS, SYLVESTER, VACHON
Amends: 32 MRSA §1751, 32 MRSA §1852, 32 MRSA §1854

Legislative Document
No. 1409
S.P. 487
In Senate, April 11, 2017
An Act To Reduce Regulations for Small Nonalcoholic Beverage 
Producers
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CHIPMAN of Cumberland.
Cosponsored by Senator: VOLK of Cumberland, Representatives: FECTEAU of Biddeford, 
MASTRACCIO of Sanford, STETKIS of Canaan, SYLVESTER of Portland, VACHON of 
Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §1751, sub-§4-A is enacted to read: 
4-A.  Small beverage producer.  "Small beverage producer" means a person or 
beverage plant that manufactures or bottles no more than 50,000 gallons of beverages a 
year. 
Sec. 2.  32 MRSA §1852 is amended to read: 
§1852.  Plant requirements 
Every beverage plant used for the preparation, manufacture and bottling of any 
beverage shall must be adequately lighted and ventilated and all floors shall must be 
constructed of cement, concrete or tile laid in cement or other material impervious to 
water, and shall must have sufficient pitch to insure ensure drainage; walls and ceilings 
shall must be varnished or painted in light color and kept clean; doors, windows and other 
openings of any room in which beverages or the ingredients of such beverages shall be 
are prepared shall must be screened. Wash basins, sinks and toilets shall must be provided 
for employees. No A toilet shall may not open directly into any room used for the 
preparation or bottling of any beverage. The syrup room shall must be separately 
enclosed, well ventilated and lighted, provided with sinks and taps for hot and cold water, 
thoroughly protected against vermin, flies, dirt and dust and so constructed as to be easily 
cleaned.  
Every Except for a small beverage producer, every beverage plant shall must be 
equipped with mechanical container-washing apparatus and machinery, and with 
mechanical and sanitary machines for bottling and for carbonating, if carbonated 
beverages are manufactured.  A small beverage producer may wash, bottle and carbonate 
glass beverage containers by hand if all other requirements of this section are met. 
All machines, apparatus, vessels, fountains, tanks or other equipment, caps and 
ingredients used in the manufacture of beverages shall must be kept in a sanitary 
condition. No vessels or tanks shall must be used for syrup mixing or for storing such 
mixed syrup unless they are of glass or stainless steel, porcelain lined, block tin lined or 
made of some other suitable impervious material.  
Beverage plants shall must be located in buildings so constructed that the bottling 
operation is performed in separate rooms, but such construction shall must allow for 
modern practices in the loading or unloading of trucks in the same rooms, and for modern 
practices in the use of conveyor systems or other means of mechanical handling.  
Sec. 3.  32 MRSA §1854, as amended by PL 1979, c. 731, §19 and PL 2011, c. 
657, Pt. W, §6, is further amended to read: 
§1854.  Cleaning of containers 
All Except for reusable glass containers used by a small beverage producer, all 
reusable glass containers used in the manufacture of beverages shall must, before being 
filled or refilled, be thoroughly cleaned and sanitized by washing in an automatic washing 
machine in a solution of not less than 3% caustic alkali, at a temperature not lower than 
110° Fahrenheit to be followed by a rinsing in potable water.  All other reusable and all 
single service containers shall must be cleaned and sanitized before being filled or refilled 
by suitable means approved by the Commissioner of Agriculture, Conservation and 
Forestry.  A small beverage producer may clean and sanitize reusable glass beverage 
containers by washing the containers by hand if all other requirements of this section are 
met. 
SUMMARY 
This bill allows small nonalcoholic beverage producers that manufacture or bottle no 
more than 50,000 gallons of beverages a year to clean and sanitize reusable beverage 
containers by washing by hand and bottle and carbonate the containers by hand as long as 
all other cleaning and sanitizing requirements are met.