An Act to Provide for the Direct Shipment of Spirits to Consumers
Maine Legislature, Session 131, LD 1695
Committee: Veterans and Legal Affairs
Sponsors: STEWART, HICKMAN, PIERCE, POULIOT, DILL, O'CONNELL, RUDNICKI
Amends: 28-A MRSA §1358

Legislative Document
No. 1695
S.P. 682
In Senate, April 18, 2023
An Act to Provide for the Direct Shipment of Spirits to Consumers
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Senators: HICKMAN of Kennebec, PIERCE of Cumberland, POULIOT of 
Kennebec, Representatives: DILL of Old Town, O'CONNELL of Brewer, RUDNICKI of 
Fairfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §1358 is enacted to read:
§1358.  Direct shipment of spirits products
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.  
A.  "Direct shipper" means a distillery, small distillery or rectifier that has obtained a 
spirits direct shipper license under subsection 2.   
B.  "Outside the State" means any state other than this State and any territory or 
possession of the United States, but does not include a foreign country. 
2.  Direct shipment of spirits products.  A distillery, small distillery or rectifier 
holding a federal basic distilled spirits plant permit located within or outside the State may 
obtain a spirits direct shipper license by filing with the bureau an application in a form 
determined by the bureau accompanied by an application fee of not more than $200, a copy 
of the applicant's current federal basic distilled spirits plant permit and a list of spirits 
product labels to be shipped in accordance with this section.
A.  An in-state direct shipper may ship directly to a consumer in the State a spirits 
product produced by the direct shipper that is currently listed for sale in the State. Each 
spirits product must be sold at the retail price established by the commission.
B.  A direct shipper located outside the State may ship directly to a consumer in the 
State up to 200 case equivalents per calendar year of spirits products produced by the 
direct shipper and are not currently listed for sale in the State. Each spirits product must 
be sold at a price that is the equivalent of the prevailing retail price of the spirits product 
in the state where the direct shipper produces the spirits product.  For the purposes of 
this paragraph, "case equivalent" has the same meaning as in section 1457, subsection 
1-A, paragraph B.
3.  Direct shipper application.  Before sending a shipment to a resident of this State, 
a direct shipper shall file an application for a spirits direct shipper license under subsection 
with the bureau on a form issued by the bureau along with a true copy of its current 
distillery, small distillery or rectifier license issued in this State or another state and a $100 
registration fee.  
4.  Direct shipment requirements.  A direct shipper may only ship spirits products 
that were produced by the direct shipper in accordance with the direct shipper's federal 
basic distilled spirits plant permit to a recipient for personal use and not for resale. A direct 
shipper shall label each package to be shipped in accordance with this section so that it 
conspicuously reads: "CONTAINS ALCOHOL: SIGNATURE OF A PERSON 21 
YEARS OF AGE OR OLDER IS REQUIRED FOR DELIVERY."  
5.  Common carrier.  Shipments made in accordance with this section must be made 
by a common carrier and must be accompanied by a shipping label that clearly indicates 
the name of the direct shipper and the name and address of the recipient. The common 
carrier shall obtain the signature of a person 21 years of age or older at the address listed 
on the shipping label prior to delivery of the shipment. The common carrier shall request 
photographic identification from the person signing for the shipment and verify that the 
person is 21 years of age or older.  The common carrier shall retain records of each 
shipment made under this subsection for 2 years after the shipment and provide copies of 
the records to the bureau upon request.
6.  Prohibited shipping areas.  A direct shipper may not ship to any address in an area 
identified by the bureau as a prohibited shipping area or a local option area.  
7.  License renewal.  A direct shipper may annually renew its spirits direct shipper 
license with the bureau by paying a $50 renewal fee and providing the bureau with a true 
copy of its current distillery, small distillery or rectifier license issued in this State or 
another state.
8.  Sales tax registration and payment required.  A direct shipper shall comply with 
the provisions of Title 36, Part 3, including all requirements relating to registration as a 
seller and the collection, reporting and remittance of the sales and use taxes of the State, 
and a direct shipper located outside the State shall agree to be subject to the jurisdiction of 
the State for purposes of the enforcement of those obligations. The requirements of this 
subsection apply notwithstanding any provision of law of the State to the contrary.  
9.  Payment of excise taxes.  A direct shipper located outside the State shall annually 
pay to the bureau all excise taxes due on sales to residents of the State in the preceding 
year, the amount of such taxes to be calculated as if the sales were in the State.  
10.  Payment to the bureau.  A direct shipper shall pay to the bureau an amount equal 
to the fee under section 1355-A, subsection 5, paragraph B, subparagraph (3) that the direct 
shipper would be required to pay for sales of spirits products for off-premises or on-
premises consumption.
11.  Report.  A direct shipper shall submit a report to the bureau annually in a manner 
and form prescribed by the bureau that includes the total number of cases of spirits products 
shipped to recipients in the State, the name and residence address of shipment recipients in 
the State, the common carrier used to deliver the shipments and the date, quantity and 
purchase price of each shipment.  
12.  Records.  The bureau may perform an audit of a direct shipper's records relevant 
to compliance with this section. A direct shipper shall provide copies of any records 
requested by the bureau within 10 business days of that request.
13.  Violation.  A person, including a common carrier, who knowingly causes a direct 
shipment in violation of this section is subject to a fine up to $500 for a first offense and 
up to $1,000 for any subsequent violation of this section. A direct shipper or common 
carrier who knowingly delivers spirits products to a person who has not attained 21 years 
of age is subject to a fine up to $5,000. The bureau may suspend or revoke a spirits direct 
shipper license under subsection 2 for failure to comply with the shipping limits and 
reporting requirements required by this section. The bureau may accept payment of an offer 
in compromise in lieu of suspension; such payments must be determined by rules adopted 
by the bureau.  
14.  Jurisdiction.  A direct shipper, as a condition of licensure, is subject to the 
jurisdiction and enforcement authority of the State for the purposes of enforcement of this 
section.  
15.  Beverage container law.  Spirit products shipped pursuant to this section are 
subject to the provisions of Title 38, chapter 33.
16.  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.
SUMMARY
This bill allows distilleries, small distilleries and rectifiers within and outside the State 
to ship their spirits products to consumers in the State in a manner similar to that presently 
allowed for wineries to ship their wine products.