An Act To Provide More Choice for Maine Consumers in the Purchase of Spirits
Maine Legislature, Session 130, LD 1492
Committee: Veterans and Legal Affairs
Sponsors: FARRIN, ANDREWS
Amends: 28-A MRSA §2, 28-A MRSA §16, 28-A MRSA §1352

Legislative Document
No. 1492
S.P. 479
In Senate, April 14, 2021
An Act To Provide More Choice for Maine Consumers in the 
Purchase of Spirits
Received by the Secretary of the Senate on April 12, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator FARRIN of Somerset.
Cosponsored by Representative: ANDREWS of Paris.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §2, sub-§16-A, as amended by PL 2017, c. 301, §1, is further 
amended to read:
16-A.  Low-alcohol spirits product.  "Low-alcohol spirits product" means a product 
containing spirits that has an alcohol content of 8% 15% or less by volume.  Beginning 
July 1, 2019, "low-alcohol spirits product" does not mean a flavoring, such as an extract or 
concentrate, added to a malt beverage or wine that:
A.  May or may not contain alcohol;
B.  Is not intended to be consumed alone as a beverage or a food product but serves as 
a flavor enhancement to a beverage or a food product; and
C.  Is not, prior to being added to a malt beverage or wine, subject to excise tax under 
chapter 65.
Sec. 2.  28-A MRSA §16 is enacted to read:
§16.  Distribution of low-alcohol spirits product
A low-alcohol spirits product is distributed pursuant to the provisions of this section.
1.  Low-alcohol spirits product produced or imported by malt liquor or wine 
certificate of approval holder.  A low-alcohol spirits product manufactured or imported 
by a certificate of approval holder that is licensed under section 1361 must be distributed 
by a wholesaler.
2.  Low-alcohol spirits product produced or imported by spirits certificate of 
approval holder.  A low-alcohol spirits product manufactured or imported by a certificate 
of approval holder that is licensed under section 1381 that is first distributed in the State 
after the effective date of this section must be distributed by a wholesaler or a reseller agent 
under section 453-C as determined by the bureau.  A low-alcohol spirits product distributed 
on or before the effective date of this section must be distributed in the same manner as the 
low-alcohol spirits product is distributed on or was distributed before the effective date of 
this section.
3.  Rules.  The bureau shall 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.
Sec. 3.  28-A MRSA §1352 is enacted to read:
§1352.  Low-alcohol spirits product
A manufacturer in the State or outside of the State may produce a low-alcohol spirits 
product.  A certificate of approval holder under section 1361 or 1381 may hold for sale, 
sell or offer for sale in intrastate commerce, or transport or cause to be transported into the 
State for resale, a low-alcohol spirits product.
SUMMARY
 This bill amends the definition of "low-alcohol spirits product" by raising the 
maximum alcohol level of a low-alcohol spirits product from 8% to 15%.  This bill provides 
that a low-alcohol spirits product manufactured or imported by a malt liquor or wine 
certificate holder be distributed by a wholesaler and a low-alcohol spirits product 
manufactured or imported by a spirits certificate of approval holder be distributed by a 
wholesaler or agency liquor store licensed as a reseller agent as determined by the 
Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and 
Lottery Operations, except for a low-alcohol spirits product manufactured or imported by 
a spirits certificate of approval holder distributed in the State on or before the effective date 
of this legislation, which must be distributed in the manner it is distributed on or was 
distributed prior to the effective date of this legislation.
This bill also allows manufacturers to produce low-alcohol spirits products and 
certificate of approval holders to hold for sale, sell or offer for sale in intrastate commerce, 
or transport or cause to be transported into the State for resale, low-alcohol spirits products.