An Act To Allow Maine Manufacturers To Sell Products for Off-premises Consumption at Taste-testing Events and Farmers Markets and To Allow Taste Testings at Farmers' Markets
Maine Legislature, Session 128, LD 1536
Committee: Veterans and Legal Affairs
Sponsors: HICKMAN
Amends: 28-A MRSA §1355-A, 28-A MRSA §1366, 28-A MRSA §1367

Legislative Document
No. 1536
H.P. 1056
House of Representatives, April 25, 2017
An Act To Allow Maine Manufacturers To Sell Products for Off-
premises Consumption at Taste-testing Events and Farmers' 
Markets and To Allow Taste Testings at Farmers' Markets
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HICKMAN of Winthrop.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §1355-A, sub-§3, ¶D is enacted to read: 
D.  Notwithstanding any other provision of this Title, a brewery or a small brewery 
licensed in accordance with this section may sell malt liquor to be consumed off the 
premises under the conditions specified in this paragraph if participating in a 
taste-testing event under section 1052-D. 
(1)  Only malt liquor brewed at the brewery may be sold in accordance with this 
paragraph. 
(2)  A sale of malt liquor in accordance with this paragraph must be accompanied 
by a sales receipt. 
Sec. 2.  28-A MRSA §1355-A, sub-§4, ¶D is enacted to read: 
D.  Notwithstanding any other provision of this Title, a winery or a small winery 
licensed in accordance with this section may sell wine to be consumed off the 
premises under the conditions specified in this paragraph if participating in a 
taste-testing event under section 1052-D. 
(1)  Only wine produced at the winery may be sold in accordance with this 
paragraph. 
(2)  A sale of wine in accordance with this paragraph must be accompanied by a 
sales receipt.  
Sec. 3.  28-A MRSA §1355-A, sub-§5, ¶I is enacted to read: 
I.  Notwithstanding any other provision of this Title, a distillery or a small distillery 
licensed in accordance with this section may sell spirits to be consumed off the 
premises under the conditions specified in this paragraph if participating in a 
taste-testing event under section 1052-D. 
(1)  Only spirits produced at the distillery may be sold in accordance with this 
paragraph. 
(2)  Spirits sold in accordance with this paragraph are subject to the listing, 
pricing and distribution provisions of this Title. 
(3)  A sale of spirits in accordance with this paragraph must be accompanied by a 
sales receipt. 
Sec. 4.  28-A MRSA §1366, sub-§1, as amended by PL 2011, c. 629, §24, is 
further amended to read: 
1.  Retail sales at farmers' market.  A licensee under section 1355-A, subsection 3, 
paragraph B or; subsection 4, paragraph B; subsection 5, paragraph B or an employee of 
the licensee who is at least 21 years of age may sell wine, spirits or malt liquor 
manufactured in the State by the licensee at a farmers' market pursuant to this section. 
Sec. 5.  28-A MRSA §1366, sub-§3, as enacted by PL 2011, c. 280, §3, is 
amended to read: 
3.  Conditions.  A licensee under subsection 1 may sell wine, spirits or malt liquor at 
a farmers' 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, spirits 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; 
B-1.  The licensee shall keep and maintain a record of the dates, times and locations 
of the licensee's participation in a farmers' market under this section; 
C.  The farmers' market must consist of at least 6 separate stalls or booths that sell 
farm or food products, not including alcoholic beverages liquor, and must be 
authorized by the bureau under 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, spirits 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 permitted at the farmers' 
market. 
G.  Spirits sold in accordance with this subsection are subject to the listing, pricing 
and distribution provisions of this Title. 
Sec. 6.  28-A MRSA §1366, sub-§4, as enacted by PL 2011, c. 280, §3, is 
amended to read: 
4.  Farmers' market authorization.  At least 30 days prior to the sale of wine, 
spirits or malt liquor, a farmers' market must obtain municipal approval to sell wine, 
spirits 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, spirits 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, spirits 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 form determined by the bureau. 
Sec. 7.  28-A MRSA §1367 is enacted to read: 
§1367.  Tastings at farmers' markets 
1.  Taste testing.  Subject to the conditions set forth in this section, a brewery, small 
brewery, winery, small winery, distillery or small distillery licensed under section 1355-A 
may conduct taste-testing events at farmers' markets.  For purposes of this section, 
"farmers' market" has the meaning as in Title 7, section 415, subsection 1, paragraph A. 
2.  Conditions on taste-testing activities.  The following conditions apply to 
taste-testing activities allowed under this section. 
A.  An individual at a taste-testing activity may not be charged a fee. 
B.  An individual at a taste-testing activity may not be served a taste-testing sample 
of more that 4 ounces of malt liquor, 1 1/2 ounces of wine or 1/2 ounce of spirits.  An 
individual is limited to 6 samples per day per manufacturer licensed under section 
1355-A. 
C.  Malt liquor, wine or spirits for taste testing may not be poured in advance and 
made available for individuals participation in the taste testing to serve themselves. 
D.  An individual at a taste-testing activity who is visibly intoxicated may not be 
served malt liquor, wine or spirits. 
E.  Taste-testing activities must be conducted within the hours of retail sales 
established in this Title. 
F.  Taste-testing activities are not allowed in any municipality where on-premises and 
off-premises sales are not allowed pursuant to chapter 5. 
G.  A licensee under section 1355-A conducting a taste-testing activity at a farmers' 
market must keep a record of when and where the activity took place.  A licensee is 
limited to 6 taste-testing events per calendar year at farmers' markets. 
SUMMARY 
This bill allows the sale of wine, spirits and malt liquor manufactured in Maine for 
off-premises consumption at taste-testing events and the sale of spirits manufactured in 
Maine at farmers' markets.  Under current law, the sale of wine and malt liquor at 
farmers' markets is allowed.  The bill also allows taste testings to be conducted at farmers' 
markets.