1. Federal approval required; exception. A person may not import to the State, export from the State or sell in the State malt liquor, wine, hard cider or a low?alcohol spirits product unless the container in which the malt liquor, wine, hard cider or low?alcohol spirits product is imported, exported or sold bears a label approved by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. This subsection does not apply to malt liquor, wine, hard cider or a low?alcohol spirits product that is manufactured in the State and is not distributed, shipped, delivered or sold in interstate commerce.

[PL 2019, c. 46, §2 (NEW).]

Terms Used In Maine Revised Statutes Title 28-A Sec. 6-A

  • Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
  • Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
  • Hard cider: means liquor produced by fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and not more than 8. See Maine Revised Statutes Title 28-A Sec. 2
  • Keg: means a container capable of holding at least 5 gallons of liquid. See Maine Revised Statutes Title 28-A Sec. 2
  • Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
  • Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
  • Malt liquor: means liquor:
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
  • Person: means an individual, partnership, corporation, firm, association or other legal entity. 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
  • Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • 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. Bureau registration required; exceptions. Malt liquor, wine, hard cider or a low?alcohol spirits product may not be sold in the State unless the container in which the malt liquor, wine, hard cider or low?alcohol spirits product is sold bears a label registered with the bureau. This subsection does not apply to:
    A. Liquor sold by the manufacturer for on?premises consumption pursuant to section 1355?A, subsection 2, paragraph B or I; [PL 2023, c. 197, §1 (AMD).]
    B. Liquor sold by a Maine manufacturer in a keg to an on?premises retail licensee; or [PL 2023, c. 197, §1 (AMD).]
    C. Malt liquor, wine, hard cider or a low?alcohol spirits product sold by the manufacturer bearing a label approved by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. A manufacturer seeking an exception under this paragraph shall provide the bureau with notice of all products sold by that manufacturer in this State that meet the requirements of this paragraph. [PL 2023, c. 197, §1 (NEW).]

    [PL 2023, c. 197, §1 (AMD).]

    2-A. Criteria for label registration. Bureau review and approval of label registration is limited to whether the submitted label conforms to the regulations adopted by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau and the following criteria:
    A. The label does not contain any statement, design, device or representation that:

    (1) To the average individual, applying contemporary community standards, considered as a whole, appeals to the prurient interest;
    (2) Depicts or describes, in an offensive manner, sexual acts, excretory functions, masturbation or lewd exhibition of the genitals; and
    (3) Considered as a whole, lacks serious literary, artistic, political or scientific value; and [PL 2023, c. 219, §1 (NEW).]
    B. The label does not contain a subject matter or an illustration that targets minors. [PL 2023, c. 219, §1 (NEW).]

    [PL 2023, c. 219, §1 (NEW).]

    3. Fees. The fees for registering a label with the bureau under subsection 2 are as follows.
    A. The fee for the initial label registration or notice under subsection 2, paragraph C is $10. [PL 2023, c. 197, §2 (AMD).]
    B. The fee for changing a label registration or notice under subsection 2, paragraph C is $1. [PL 2023, c. 197, §2 (AMD).]
    C. The annual renewal fee is $1 for each registered label or notice under subsection 2, paragraph C. Renewal of a label registration or notice under subsection 2, paragraph C must coincide with renewal of the relevant license or certificate of approval. [PL 2023, c. 197, §2 (AMD).]

    [PL 2023, c. 197, §2 (AMD).]

    4. Rulemaking. The bureau shall adopt rules, consistent with the regulations promulgated by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau pursuant to the Federal Alcohol Administration Act, 27 United States Code § 205(e), establishing the requirements for registration of a malt liquor, wine, hard cider or low?alcohol spirits product label and for changing a label registration.

    [PL 2019, c. 46, §2 (NEW).]

    SECTION HISTORY

    PL 2019, c. 46, §2 (NEW). PL 2021, c. 658, §42 (AMD). PL 2023, c. 197, §§1, 2 (AMD). PL 2023, c. 219, §1 (AMD).
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