A person licensed as a manufacturer of malt liquor or wine under section 1355?A or licensed as a wholesaler may give a retail licensee samples of products under the following conditions: [PL 2015, c. 386, §1 (AMD).]
1. Invoice required. The products must be accompanied by an invoice;

[PL 1997, c. 228, §1 (NEW).]

Terms Used In Maine Revised Statutes Title 28-A Sec. 1402-A

A. See Maine Revised Statutes Title 28-A Sec. 2
  • Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2
  • Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2
  • Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2
  • Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2
  • retail licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2
  • sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2
  • Wholesaler: means a person that engages in the purchase and resale of malt liquor or wine, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except during a taste-testing event conducted in accordance with the requirements of this Title. See Maine Revised Statutes Title 28-A Sec. 2
  • Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
    • 2. Product registered. The product must be registered with the bureau and clearly labeled as a sample;

    [PL 1997, c. 228, §1 (NEW).]

    3. Taxes paid. Taxes must be paid on each item;

    [PL 1997, c. 228, §1 (NEW).]

    3-A. Partial-bottle wine samples. Bottles of wine designated for partial-bottle sampling must be properly sealed between samplings. Partial-bottle wine samples may be provided only on the premises of a retailer licensed to sell wine for on-premises or off-premises consumption to the owner or a supervisory or managerial employee of the retailer;

    [PL 2021, c. 658, §238 (AMD).]

    4. Full-bottle samples. The maximum amount of unopened full-bottle samples given to a retail licensee may not exceed 18 gallons of malt liquor and 18 liters of wine annually. A full-bottle sample is an unopened bottle of wine or malt liquor given to a retail licensee, which may be consumed by a retail licensee on or off the premises;

    [PL 2021, c. 658, §239 (AMD).]

    4-A. Prohibited recipients. Malt liquor or wine samples authorized under this section may not be provided to a person who is a minor or who is visibly intoxicated; and

    [PL 2021, c. 658, §240 (NEW).]

    5. Samples removed.

    [PL 2011, c. 629, §28 (RP).]

    6. Records maintained. Records must be maintained for a 2-year period by the licensee giving or receiving samples.

    [PL 1997, c. 228, §1 (NEW).]

    SECTION HISTORY

    PL 1997, c. 228, §1 (NEW). PL 2003, c. 69, §§1,2 (AMD). PL 2011, c. 629, §§25-28 (AMD). PL 2015, c. 386, §1 (AMD). PL 2017, c. 35, §1 (AMD). PL 2021, c. 658, §§238-240 (AMD).
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