An Act Regarding Rulemaking and Pricing under the Bureau of Alcoholic Beverages and Lottery Operations
Maine Legislature, Session 130, LD 1906
Committee: Veterans and Legal Affairs
Sponsors: HICKMAN, HARRINGTON, TIMBERLAKE, FECTEAU
Amends: 28-A MRSA §6-A, 28-A MRSA §83-C, 28-A MRSA §84

Legislative Document
No. 1906
S.P. 668
In Senate, January 5, 2022
An Act Regarding Rulemaking and Pricing under the Bureau of 
Alcoholic Beverages and Lottery Operations
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Representative HARRINGTON of Sanford and
Senator: TIMBERLAKE of Androscoggin, Representative: Speaker FECTEAU of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §6-A, sub-§4, as enacted by PL 2019, c. 46, §2, is amended 
to read:
4.  Rulemaking.  The bureau shall adopt rules, consistent with the regulations 
promulgated by the United States Department of the Treasury, Alcohol and Tobacco Tax 
and Trade Bureau pursuant to the Federal Alcohol Administration Act, 27 United States 
Code, Section 205(e), establishing the requirements for registration of a malt liquor, wine, 
hard cider or low‑alcohol spirits product label and for changing a label registration. Rules 
adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 2.  28-A MRSA §83-C, sub-§1, as enacted by PL 2013, c. 476, Pt. A, §9, is 
amended to read:
1.  Administration and trade marketing supervision.  Manage the administration 
and trade marketing of spirits through agency liquor stores and consistent with one or more 
contracts awarded under section 90. Rules adopted under this subsection may not prohibit 
a certificate of approval holder or other industry member from giving to a retailer one time 
per year a refrigerated product display that contains conspicuous and substantial advertising 
for a brand owned or distributed by the certificate of approval holder, as long as the display 
has a value of less than $300 and is used to display products for sale;
Sec. 3.  28-A MRSA §83-C, sub-§2, as enacted by PL 2013, c. 476, Pt. A, §9, is 
amended to read:
2.  Price regulation.  Establish Make recommendations to the commission regarding 
the retail prices of spirits sold in the State and establish the wholesale and retail prices of 
spirits sold in this State.  The bureau shall adopt rules regarding the wholesale pricing of 
spirits and the retail pricing of spirits sold by to agency liquor stores.  An entity awarded a 
contract under section 90 is granted the privilege to distribute spirits under this Title and is 
immune from antitrust action so as long as the entity is in compliance with the bureau's 
rules and all other applicable laws and regulations;. Rules adopted pursuant to this 
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.  
A rule adopted pursuant to this subsection:
A.  Must apply equally across product price and bottle size;
B.  May not use state profits as a factor to determine the pricing of spirits;
C.  May not implement price markups based on product price or bottle size; and
D.  May not disproportionately affect products based on product price or bottle size;
Sec. 4.  28-A MRSA §84, sub-§6, as amended by PL 2019, c. 13, §8, is further 
amended to read:
6.  Implement a spirits sales data reporting system.  Collect from reselling agents 
data on spirits sales made by each reselling agent to establishments licensed to sell spirits 
for on-premises consumption. The data must include, but is not limited to, the amount and 
date of sale of each product code sold to on-premises licensees by the reselling agent.  For 
the purposes of this subsection, "product code" has the same meaning as in section 461.  
For the purposes of collecting on-premises spirits sales data from reselling agents, the 
director shall enter into a contract with a trade association representing states that control 
and manage the sale of spirits.  The contract must require that neither the bureau nor the 
trade association may make publicly available any information that would specifically 
identify the reselling agent, including, but not limited to, the reseller's name, the name of 
the reseller's agency liquor store, the reseller's agency liquor store's address or the address 
of any associated storage facility of the reselling agent; and
Sec. 5.  28-A MRSA §84, sub-§7, ¶E, as enacted by PL 2019, c. 13, §9, is amended 
to read:
E.  Any recommendations for changes to this Title.; and
Sec. 6.  28-A MRSA §84, sub-§8 is enacted to read:
8.  Report specifications.  In the annual report submitted under subsection 7 or a report 
sent to the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade 
Bureau, present data relating to the sale of alcoholic beverages in terms of off-premises 
retail sales and on-premises retail sales.  The director may also present the data in the 
aggregate.
Sec. 7. Review of rules.  The joint standing committee of the Legislature having 
jurisdiction over the sale of alcoholic beverages matters shall review rules adopted by the 
Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and 
Lottery Operations pursuant to the Maine Revised Statutes, Title 28-A, section 6-A, 
subsection 4 and section 83-C, subsection 2. The committee may report out a bill to the 
SUMMARY
This bill subjects rules adopted by the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages and Lottery Operations regarding labeling and 
pricing to review by the Legislature.  It also makes the following changes to the laws 
governing the bureau:
1. Makes rules adopted by the bureau regarding labeling and pricing of spirits major 
substantive rules;
2. Sets limits on the ways in which the bureau can set or alter prices of spirits;
3. Allows a once-per-year gift from a certificate of approval holder to a retailer of 
spirits of a refrigerated display unit; and
4. Requires the bureau to present data regarding the sale of spirits in terms of on-
premises retail sales and off-premises retail sales.