An Act to Provide for
Maine Legislature, Session 132, LD 1754
Committee Amendment CA_A_H385 (House)
Amends: 28-A MRSA §83-C, 28-A MRSA §2073-A, 28-A MRSA §2073-B, 28-A MRSA §2076, 36 MRSA §1754-B

COMMITTEE AMENDMENT «fb .. '' to H.P. 1172, L.D. 1754, "An Act to Provide for 
the Direct Shipment of Spirits to Con,uh1ers" 
• 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 28-A MRSA §83-C,_ sub-§1-A is enacted to read: 
1-A. Manage direct shipments. Manage the direct shipment of spirits pursuant to 
section 1358:' 
Amend the bill in section 1 in § 13 5 8 in subsection 1 by striking out all of paragraph A 
(page 1, lines 6 and 7 in L.D.) and inserting the following: 
'A. • "Case equivalent" means the equivalent volume of 12 750-milliliter units.' 
Amend the bill in section_ 1 in § 1358 in subsection 1 by striking out all of paragraph D 
(page 1, lines 12 to 14 in L.D.). 
Amend the bill in section 1 in § 13 5 8 in subsection 1 in paragraph E in the last line 
(page 1, line 19 in L.D.) by striking out the following: "2" and inserting the following: 'll' 
Amend the bill in section 1 in §1358 in subsection 1 by relettering the paragraphs to 
read alphabetically. 
Amend the bill in section 1 in § 13 5 8 in subsection 2 in the 6th line (page 1, line 25 in 
L.D.) by inserting after the following: "200." the following: 'and' 
Amend the bill in section 1 in §1358 in subsection 2 in the last 2 lines (page 1, lines 26 
and 27 in L.D.) by striking out the following: "and a list of spirits labels to be shipped in 
accordance with this section" 
• 
Amend the bill in section 1 in §1358 in subsection 2 in the last line (page 1, line 27 in 
L.D.) by inse11ing after the following: "section." the following: 'Spirits sold under this 
section are not pat1 of an administration or trade marketing contract established pursuant 
to section 90.' 
Amend the bill in section 1 in § 1358 by inse11ing after subsection 3 the following: 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" p;_, to H.P. 1172, L.D. 1754 
'4. Spirits product registration. A direct shipper shall register all spirits to be shipped 
into the State with the bureau in a manner determined by the bureau. Only registered spirits 
may be sold in the State at the retail price established under subsection 5. Once a spirits 
product is registered and approved by the bureau, the direct shipper may sell the product 
beginning on the first day of the following month. 
• 
5. Direct shipper spirits pricing. Notwithstanding section 1651, subsection 1, the • 
bureau shall determine and set the retail price at which spirits are sold under this section. 
The bureau shall set the price in a manner similar to how the commission determines and 
sets retail prices under section 1651, subsection 1. The direct shipper shall submit a 
supplier price in a manner determined by the bureau. The supplier price must be used to 
calculate the retail price of spirits sold under this section. A direct shipper shall submit a 
potential price change to the bureau and the price change must be approved by the bureau 
prior to sales at the new price.' 
• 
Amend the bill in section 1 in §1358 in.subsection 6 in paragraph C in the 6th and 7th 
lines (page 2, lines 24 and 25 in L.D.) by insetting after the following: "single spirits 
product" the following: 'in a calendar year' 
Amend the bill in section 1 in §1358 in subsection 6 in paragraph C in the 7th line 
(page 2, line 25 in L.D.) by striking out the following: "must" and inserting the following: 
'may not ship an addit~onal amount of that single spirits product and may' 
Amend the bill in section 1 in §1358 in subsection 6 in paragraph D in the first line 
(page 2, line 27 in L.D.) by inserting after the following: "count1y." the following: 'An out-
of-state distiller, rectifier, importer for a distillery or importer of a foreign brand of distilled 
spirits, who is the primary source of supply, may obtain a direct shipper license for 
impo1ting spirits under this section.' 
Amend the bill in section 1 in§ 1358 by striking out all of subsection 10 (page 3, lines 
to 24 in L.D.). 
• 
Amend the bill in section 1 in § 13 5 8 in subsection 11 in the first line (page 3, line 25 
in L.D.) by inserting after the following: "shall" the following: 'register under Title 36, 
section 1754-B and' 
Amend the bill in section 1 in §1358 in subsection 11 in the 2nd line (page 3, line 26 
in L.D.) by striking out the following: "the" and inserting the following: 'any other' 
Amend the bill in section 1 in§ 1358 by striking out all of subsection 12 (page 3, lines 
to 41 in L.D.) and inserting·the following: 
'12. Payment to the bureau, A direct shipper shall pay quatterly to the bureau the 
difference between the retail price approved by the bureau and the supplier price submitted 
to the bureau by the direct shipper.' 
Amend the bill in section 1 in § 13 5 8 in subsection 13 in paragraph A in subparagraph 
(5) in the first line (page 4, line 11 in L.P.) by striking out the following: "and" 
Amend the bill in section 1 in §1358 in subsection 13 in paragraph A in subparagraph 
(6) in the first line (page 4, line 12 in L.D.) by striking out the following: "shipment." and 
insetting the following: 'shipment;' 
Amend the bill in section 1 in §1358 in subsection 13 in paragraph A by inserting after 
subparagraph (6) the following: 
COMMITTEE AMENDMENT. 
~o<o 
COMMITTEE AMENDMENT 'A' to H.P. 1172, L.D. 1754 
'(7) The unique tracking number for each shipment; and 
(8) The total amount of tax owed to the State pursuant to section 1651.' 
Amend the bill in section 1 in §1358 in subsection 13 in paragraph Bin subparagraph 
(4) in the first line (page 4, line 21 in L.D.) by striking out the following: "and" 
Amend the bill in section 1 in § 13 58 in subsection 13 in paragraph B by inserting after 
subparagraph (4) the following: 
'(5) The unique tracking number for each shipment; and' 
Amend the bill in section 1 in §1358 in subsection 13 in paragraph B by renumbering 
the subparagraphs to read consecutively. 
Amend the bill in section l in § 13 5 8 in subsection 14 in paragraph A in the 2nd line 
(page 5, line 8 in L.D.) by striking out the following: "11" and inse1ting the following: '14' 
Amend the bill in section 1 in § 13 5 8 in subsection 14 in paragraph B in the 2nd line 
(page 5, line l 1 in L.D.) by striking out the following: "11" and inserting the following: 
'14' 
Amend the bill' in section 1 in § 13 5 8 in subsection 14 in paragraph C in the 2nd line 
(page 5, line 14 in L.D.) by striking out the following: "11" and inserting the following: 
'14' 
. Amend the bill in section 1 in §1358 by renumbering the subsections to read 
consecutively. 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 28-A MRSA §2073-A, sub-§2, ~ 
is enacted to read: 
D. A person that has obtained a spirits direct shipper license pursuant to section 1358 
may import spirits subject to the requirements of that section. 
Sec. 3. 28-A MRSA §2073-B, sub-§2, W is enacted to read: 
F. A person that has obtained a spirits direct shipper license pursuant to section 1358 
may imp01t spirits subject to the requirements of that section. 
Sec. 4. 28-A MRSA §2076, sub-§1, as amended by PL 2021, c. 658, §275, is 
further amended to read: 
1. Illegal delivery of spirits prohibited. Except with the bureau's written permission 
or except as provided in section 503, subsection 1 for the wholesale spirits provider er.!. in 
section 459 for reselling agents or in section 1358 for a person that has obtained a spirits 
direct shipper license, a person may not knowingly transport or cause to be delivered to any 
person other than the bureau any spirits not purchased from an agency liquor storb. 
Sec. 5. 36 MRSA §1754-B, sub-§1-B, 1J, as repealed and replaced by PL 2021, 
c. 181, Pt. B, §5, is amended to read: 
• 
J. Every person that holds a wine direct shipper license under Title 28-A, section 
1403-A; aa4 
Sec. 6. 36 MRSA §1754-B, sub-§1-B, 11{, as enacted by PL 2021, c. 181, Pt. B, 
§5, is amended to read: 
COMMITTEE AMENDMENT 
~o<o 
. 
COMMITTEE AMENDMENT "/s:..,to H.P. 1172, L.D. 1754 
K. A marketplace facilitator if the marketplace facilitator's gross sales of tangible 
personal property or taxable services in this State in the previous calendar year or 
current calendar year exceeds $100,000. 
For the purposes of this paragraph, the marketplace facilitator's gross sales include 
sales facilitated on behalf of marketplace sellers and any sales of tangible personal 
property or taxable services made directly by the marketplace facilitator .. ; and 
Sec. 7. 36 MRSA §1754-B, sub-§1-B, ~ 
is enacted to read: 
L. Every person that holds a spirits direct shipper license under Title 28-A. section 
1358. 
Sec. 8. Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations report. No later than January 1, 2028, 
the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages 
and Lottery Operations shall submit a rep01t relating to the implementation of the law 
authorizing the direct shipment of spirits to consumers to the joint standing committee of 
the Legislature having jurisdiction over liquor matters. The joint standing committee may 
submit legislation relating to the subject matter of the report to the Second Regular Session 
of the 133rd Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority repo1t of the committee, does the following. 
1. It amends the definition of "case equivalent" to mean the equivalent volume of 12 
750-milliliter units. 
• 24 
2. It explicitly states that direct shipments of spirits are exempt from the Department 
of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations' state liquor contract. 
3. It requires a direct shipper of spirits to register all spirits to be shipped into the State 
with the bureau in a manner determined by the bureau. 
4. It requires the bureau to determine and set the retail price at which spirits are sold 
for direct shipment to consumers. 
5. It provides that an out-of-state distiller, rectifier, impo1ter for a distillery or importer 
of a foreign brand of distilled spirits, who is the primary source of supply, may obtain a 
direct shipper license fo~ imp01ting spirits. 
6. 
It requires a direct shipper of spirits to register with the Department of 
Administrative and Financial Services, Maine Revenue Services. 
7. It requires a direct shipper to pay to.the bureau the difference between the retail 
price approved by the bureau and the supplier price submitted to the bureau by the direct 
shipper. 
8. It adds to direct shipper reporting requirements the unique tracking number for each 
shipment and the total amount of tax owed to the State. 
COMMITTEE AMENDMENT 
<;;-.,os 
COMMITTEE AMENDMENT 'A" to H.P. 1172, L.D. 1754 
9. It adds to the fulfillment provider reporting requirements the unique tracking 
number for each shipment. 
10. It requires the bureau to submit a report no later than January 1, 2028 relating to 
the implementation of the law authorizing the direct shipment of spirits to consumers to the 
joint standing committee of the Legislature having jurisdiction over liquor matters. The 
joint standing committee is authorized to submit a bill relating to the subject matter of the 
report to the Second Regular Session of the 133rd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/27 /25 LRL 
LD 1754 
LR 1002(02) 
An Act to Provide for the Direct Shipment of Spirits to Consumers 
Fiscal Note for Bill as Amended by Committee Amendment A f H -?}?5) 
. 
Committee: Ve~erans and Legal Affairs 
l 1 
Fiscal Note Required: Yes 
Fiscal Note 
Cunent biennium revenue increase - General Fund 
Minor cost increase - General Fund 
This bill requires direct shippers to make quatierly payments to the Bureau of Alcoholic Beverages and Lottery 
Operations equal to the difference between their repo1ted price and a retail-price-adjusted ~mount. While these 
payments are anticipated to generate additional General Fund revenue, the amount will depend on the volume of direct 
shipments and product pricing and cannot be determined at this time. Registration fees from direct shipper licenses are 
also expected to generate additional General Fund revenue. While an exact estimate cannot be detern1ined at this time, 
the amount is not anticipated to be substantial. 
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services to implement the administrative provisions of this bill are expected to be minor 
and can be absorbed within existing budgeted resources 
LR1002(02) - Fiscal Note - Page 1 of 1