An Act to Modify Provisions of Law Affecting Small Distilleries
Maine Legislature, Session 132, LD 2160
Committee: Veterans and Legal Affairs
Sponsors: GEIGER
Amends: 28-A MRSA §606, 28-A MRSA §1051, 28-A MRSA §1355-A, 28-A MRSA §2076, 28-A MRSA §2077-B

Legislative Document
No. 2160
H.P. 1449
House of Representatives, January 13, 2026
An Act to Modify Provisions of Law Affecting Small Distilleries
(EMERGENCY)
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.
ROBERT B. HUNT
Clerk
Presented by Representative GEIGER of Rockland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, state regulation of and fees imposed on small distilleries have made it 
difficult for these businesses to thrive and have led to the closure of multiple small 
distilleries in the State; and
Whereas, legislation aimed to provide relief for small breweries and wineries in the 
State from similar regulatory and financial burdens have recently been enacted; and
Whereas, to prevent the closure of additional small distilleries in the State, changes 
to the regulatory and fee structure are urgently needed; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA c. 13 is enacted to read:
CHAPTER 13
SMALL DISTILLERIES
§231.  Small distilleries
1.  Prohibited fees.  Notwithstanding any provision of law to the contrary, the bureau 
or a wholesale spirits provider may not charge a small distillery a spirits administration 
services fee or a spirits trade marketing services fee on any sale of spirits, including, but 
not limited to, on-premises sales, direct sales to out-of-state customers and direct sales to 
licensed retailers in the State.
2.  Inspection frequency.  The bureau or any other entity of the State may not require 
the inspection of a small distillery more frequently than once every 3 years.
3.  Reporting frequency.  The bureau or a wholesale spirits provider may not require 
a small distillery to report more frequently than on a quarterly basis.
Sec. 2.  28-A MRSA §606, sub-§1-A, as amended by PL 2021, c. 658, §91, is 
further amended to read:
1-A.  On-premises licensees; purchase from reselling agent or small distillery.  
Except for a public service corporation that operates interstate, a person licensed to sell 
spirits for on-premises consumption shall purchase spirits from a reselling agent or a small 
distillery licensed in this State only, in accordance with this subsection. A licensee that 
violates this subsection is subject to the administrative penalties provided in section 
2074‑A.
A.  The sale price of spirits sold by a reselling agent to an establishment licensed for 
on-premises consumption must be the retail price established by the commission or the 
discounted retail price established by the bureau in accordance with subsection 1‑C.
B.  Upon completion of a transaction, the reselling agent and the on-premises licensee 
shall each retain a copy of the licensee order form.
E.  A person licensed to sell spirits for on-premises consumption may purchase spirits 
from a small distillery licensed in this State.
Sec. 3.  28-A MRSA §1051, sub-§11 is enacted to read:
11.  Small distilleries.  Notwithstanding any provision of law to the contrary, a licensed 
small distillery is not required to be licensed under this chapter to sell beer, wine or spirits 
manufactured by a small brewery, small winery or small distillery licensed under section 
1355-A.
Sec. 4.  28-A MRSA §1355-A, sub-§5, ¶L is enacted to read:
L.  Notwithstanding section 1551, a small distillery license is valid for 3 years.
Sec. 5.  28-A MRSA §1355-A, sub-§5, ¶M is enacted to read:
M.  Notwithstanding any provision of law to the contrary, the holder of a small 
distillery license may sell or deliver its products to licensed retailers or wholesalers. 
The licensee may sell, on the premises for off-premises consumption, spirits produced 
at the licensed premises by the bottle, by the case or in bulk to licensed retailers, 
including, but not limited to, off-premises retail licensees, restaurants and clubs.  
Notwithstanding any provision of law to the contrary, the holder of a small distillery 
license may sell its products directly to a retail licensee under this paragraph without 
selling to a wholesale licensee.  A small distillery licensee shall keep and maintain 
complete records on all sales to a retail licensee.
Sec. 6.  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 or in 
section 459 for reselling agents, or in the case of a small distillery licensed under section 
1355-A, subsection 5, 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 store.
Sec. 7.  28-A MRSA §2077-B, sub-§3 is enacted to read:
3.  Exception for small distilleries.  Notwithstanding any provision of law to the 
contrary, this section does not prohibit a small distillery from selling, furnishing or 
delivering spirits manufactured by the small distillery to a person outside of the State by 
mail order.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill does the following.
1.  It prohibits the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations or the holder of a state contract for wholesale 
spirits activities and marketing from charging a small distillery a spirits administration 
services fee or a spirits trade marketing services fee on any sale of spirits.
2.  It prohibits the bureau or any other entity of the State from requiring that a small 
distillery be inspected more frequently than every 3 years.
3.  It prohibits the bureau or wholesale spirits provider from requiring a small distillery 
to report more frequently than on a quarterly basis.
4.  It allows a person licensed to sell spirits for on-premises consumption to purchase 
spirits from a small distillery licensed in the State and allows the holder of a small distillery 
license to sell or deliver its products to licensed retailers or wholesalers.
5.  It allows a small distillery to sell beer, wine and spirits manufactured by small 
breweries, small wineries or small distilleries licensed in the State without a license for 
sales for on-premises consumption.
6.  It extends the licensing period for a small distillery from one year to 3 years.
7.  It allows a small distillery to sell, furnish or deliver spirits manufactured by the 
small distillery to a person outside of the State by mail order.