An Act To Clarify the Laws Governing Taste Testing and Retail Sales of Liquor at Farmers' Markets
Maine Legislature, Session 129, LD 0805
Committee Amendment CA_A_S248 (Senate)
Amends: 28-A MRSA §1355-A, 28-A MRSA §1366, 28-A MRSA §1367, 28-A MRSA §1368

COMMITTEE AMENDMENT" A "to S.P. 240, L.D. 805, Bill, "An Act To Clarify 
the Laws Governing Taste Testing and Retail Sales of Liquor at Farmers' Markets" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify the Laws Governing Taste Testing and Retail Sales of Liquor at 
F~rmers' Markets and To Allow Retail Sales at Other Taste-testing Events' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 28-A MRSA §1355-A, sub-§3, ~ 
is enacted to read: 
D. Notwithstanding any provision of this Title to the contrary, a brewery or 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 the brewery or 
small brewery is participating in a taste-testing event under section 1052-D. 
(1) The brewery or small brewery may sell only malt liquor produced in the 
State by that brewery or small brewery. 
(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, ~ 
is enacted to read: 
D. Notwithstanding any provision of this Title to the contrary, a winery or 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 the winery or small 
winery is participating in a taste-testing event under section 1052-D. 
(1) The winery or small winery may sell only wine produced in the State by that 
winery or small winery. 
(2) A sale of wine in accordance with this paragraph must be accompanied by a 
sales receipt. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'',_~, "to S.P. 240, L.D. 805 { :'.;, 
-, -~ '': 
I\ 
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Sec. 3. 28-A MRSA §1355-A, sub-§5, ,iI is enacted to read: 
I. Notwithstanding any provision of this Title to the contrary, a distillery or 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 the distillery or small 
distillery is participating in a taste-testing event under section 1052-D. 
(1) The distillery or small distillery may sell only spirits produced in the State by 
that distillery or small distillery. 
(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, as amended by PL 2017, c. 168, §§1 to 3 and 
corrected by RR 201 7, c. 1, § 19, is repealed. 
Sec. 5. 28-A MRSA §1367, as corrected by RR 2017, c. 1, §20, is repealed. 
Sec. 6. 28-A MRSA §1368 is enacted to read: 
§1368. Retail sales and taste testing at farmers' markets 
1. Farmers' market defined. For purposes of this section, "farmers' market" has the 
same meaning as in Title 7, section 415, subsection 1, paragraph A. 
2. 
Retail sales and taste-testing events at farmers' markets. Subject to the 
conditions set forth in this section and the applicable bylaws of the farmers' market, a 
small brewery, small winery or small distillery licensed under section 1355-A or an 
employee of the licensee who is at least 21 years of age may sell or offer for taste testing 
at a farmers' market any wine, spirits or malt liquor manufactured in the State by the 
licensee. 
3. Conditions. The following conditions apply to retail sales and taste-testing events 
permitted under this section: 
A. The licensee shall apply for authorization to conduct retail sales or taste-testing 
events at farmers' markets using a form prescribed by the bureau and by paying an 
annual fee of $75. The licensee shall submit the application at least 30 days prior to 
the first date when the licensee will conduct retail sales or conduct a taste-testing 
event at a farmers' market; 
B. Prior to each month during which the licensee wishes to conduct retail sales or 
taste-testing events at farmers' markets, 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 
conduct retail sales or taste-testing events and must receive approval from the bureau 
for that month. The bureau may request a diagram of the layout of each farmers' 
market at which the licensee intends to conduct retail sales or taste-testing events; 
C. The licensee shall keep and maintain a record of the dates, times and locations of 
the licensee's conduct of retail sales or taste-testing events at farmers' markets under 
this section; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f)" to S.P. 240, L.D. 805 ( <~-J L\ ~) 
D. The farmers' market must consist of at least 6 separate stalls or booths that sell 
farm or food products, not including liquor, and must be authorized by the bureau 
under subsection 4; 
E. 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; 
F. All wine, spirits and malt liquor for retail sale must be prepackaged and sold by 
the bottle or case. The holder of a small distillery license may provide spirits for sale 
at a farmers' market in the same manner as permitted under section 1355-A, 
subsection 5, paragraph G; 
G. The licensee may not charge a fee for samples at a taste-testing event under this 
section and may not serve spirits, wine or malt liquor to a minor or an individual who 
is visibly intoxicated. The licensee may not serve a taste-testing sample of more than 
ounces of malt liquor, 1 1/2 ounces of wine or 1/2 ounce of spirits and may not 
serve an individual more than 6 samples per day; and 
H. All activities authorized under this section must be conducted within the hours of 
retail sales established in this Title and may not be conducted in any municipality 
where on-premises and off-premises sales are not allowed pursuant to chapter 5. 
4. Farmers' market authorization. At least 30 days prior to the sale or taste testing 
of wine, spirits or malt liquor, a farmers' market must obtain municipal approval to sell or 
conduct taste testing of wine, spirits and malt liquor under this section. 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 or taste testing of wine, spirits or 
malt liquor in accordance with this section. 
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 as defined in Title 5, 
chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment strikes and replaces the bill, which is a concept draft. 
This 
amendment combines, clarifies and removes several inconsistencies . in the laws 
governing the retail sale and taste testing of Maine-manufactured liquor at farmers' 
markets. 
As in current law, under the amendment a licensed Maine small brewery, small 
winery or small distillery may conduct retail sales or taste-testing events at a farmers' 
market subject to the applicable bylaws of the farmers' market. The amendment clarifies 
that approval from the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations and the municipality where the farmers' 
market will be held is required for both retail sales and taste-testing events. 
The 
amendment removes the provision of current law that limits to 2 the number of taste-
testing events that may be held by a licensee at a farmers' market each month. 
The amendment eliminates the provisions of current law that allow a Maine brewery, 
winery or distillery that produces more than 50,000 gallons per year, which is not 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f\" to S.P. 240, L.D. 805 •· 
'~i. 
authorized under current law to sell its products at a farmers' market, to conduct taste-
testing events at a farmers' market. 
The amendment also allows a licensed Maine brewery, small brewery, winery, small 
winery, distillery or small distillery that participates in a taste-testing event under the 
Maine Revised Statutes, Title 28-A, section 1052-D to conduct retail sales of malt liquor, 
wine or spirits produced by that manufacturer during the taste-testing event. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/01/19 feac 
LD805 
LR 1858(02) 
An Act To Clarify the Laws Governing Taste Testing and Retail Sales of Liquor at Farmers' Markets 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "Y.}!L S· 7..L/ ~S~ 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations as a result of changes to the laws 
governing the taste testing and retail sale of liquor at farmers' markets are anticipated to be minor and can be 
absorbed within budgeted resources. Additional revenue generated as a result of these changes is anticipated to be 
minor. 
LR1858(02) - Fiscal Note - Page 1 of 1