An Act to Modify Provisions of Law Affecting Small Distilleries

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132nd MAINE LEGISLATURE
SECOND REGULAR SESSION-2026
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.

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1Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3Whereas, state regulation of and fees imposed on small distilleries have made it
4 difficult for these businesses to thrive and have led to the closure of multiple small
5 distilleries in the State; and
6Whereas, legislation aimed to provide relief for small breweries and wineries in the
7 State from similar regulatory and financial burdens have recently been enacted; and
8Whereas, to prevent the closure of additional small distilleries in the State, changes
9 to the regulatory and fee structure are urgently needed; and
10Whereas, in the judgment of the Legislature, these facts create an emergency within
11 the meaning of the Constitution of Maine and require the following legislation as
12 immediately necessary for the preservation of the public peace, health and safety; now,
13 therefore,
14Be it enacted by the People of the State of Maine as follows:
15Sec. 1. 28-A MRSA c. 13 is enacted to read:
16CHAPTER 13
17SMALL DISTILLERIES
18§231. Small distilleries
191. Prohibited fees. Notwithstanding any provision of law to the contrary, the bureau
20 or a wholesale spirits provider may not charge a small distillery a spirits administration
21 services fee or a spirits trade marketing services fee on any sale of spirits, including, but
22 not limited to, on-premises sales, direct sales to out-of-state customers and direct sales to
23 licensed retailers in the State.
242. Inspection frequency. The bureau or any other entity of the State may not require
25 the inspection of a small distillery more frequently than once every 3 years.
263. Reporting frequency. The bureau or a wholesale spirits provider may not require
27 a small distillery to report more frequently than on a quarterly basis.
28Sec. 2. 28-A MRSA §606, sub-§1-A, as amended by PL 2021, c. 658, §91, is
29 further amended to read:
301-A. On-premises licensees; purchase from reselling agent or small distillery.
31 Except for a public service corporation that operates interstate, a person licensed to sell
32 spirits for on-premises consumption shall purchase spirits from a reselling agent or a small
33 distillery licensed in this State only, in accordance with this subsection. A licensee that
34 violates this subsection is subject to the administrative penalties provided in section
352074‑A.
36 A. The sale price of spirits sold by a reselling agent to an establishment licensed for
37 on-premises consumption must be the retail price established by the commission or the
38 discounted retail price established by the bureau in accordance with subsection 1‑C.
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1 B. Upon completion of a transaction, the reselling agent and the on-premises licensee
2 shall each retain a copy of the licensee order form.
3 E. A person licensed to sell spirits for on-premises consumption may purchase spirits
4 from a small distillery licensed in this State.
5Sec. 3. 28-A MRSA §1051, sub-§11 is enacted to read:
611. Small distilleries. Notwithstanding any provision of law to the contrary, a licensed
7 small distillery is not required to be licensed under this chapter to sell beer, wine or spirits
8 manufactured by a small brewery, small winery or small distillery licensed under section
9 1355-A.
10Sec. 4. 28-A MRSA §1355-A, sub-§5, ¶L is enacted to read:
11 L. Notwithstanding section 1551, a small distillery license is valid for 3 years.
12Sec. 5. 28-A MRSA §1355-A, sub-§5, ¶M is enacted to read:
13 M. Notwithstanding any provision of law to the contrary, the holder of a small
14 distillery license may sell or deliver its products to licensed retailers or wholesalers.
15 The licensee may sell, on the premises for off-premises consumption, spirits produced
16 at the licensed premises by the bottle, by the case or in bulk to licensed retailers,
17 including, but not limited to, off-premises retail licensees, restaurants and clubs.
18 Notwithstanding any provision of law to the contrary, the holder of a small distillery
19 license may sell its products directly to a retail licensee under this paragraph without
20 selling to a wholesale licensee. A small distillery licensee shall keep and maintain
21 complete records on all sales to a retail licensee.
22Sec. 6. 28-A MRSA §2076, sub-§1, as amended by PL 2021, c. 658, §275, is
23 further amended to read:
241. Illegal delivery of spirits prohibited. Except with the bureau's written permission
25 or except as provided in section 503, subsection 1 for the wholesale spirits provider or in
26 section 459 for reselling agents, or in the case of a small distillery licensed under section
27 1355-A, subsection 5, a person may not knowingly transport or cause to be delivered to
28 any person other than the bureau any spirits not purchased from an agency liquor store.
29Sec. 7. 28-A MRSA §2077-B, sub-§3 is enacted to read:
303. Exception for small distilleries. Notwithstanding any provision of law to the
31 contrary, this section does not prohibit a small distillery from selling, furnishing or
32 delivering spirits manufactured by the small distillery to a person outside of the State by
33 mail order.
34Emergency clause. In view of the emergency cited in the preamble, this legislation
35 takes effect when approved.
36SUMMARY
37 This bill does the following.
38 1. It prohibits the Department of Administrative and Financial Services, Bureau of
39 Alcoholic Beverages and Lottery Operations or the holder of a state contract for wholesale
37
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40 spirits activities and marketing from charging a small distillery a spirits administration
41 services fee or a spirits trade marketing services fee on any sale of spirits.
3 2. It prohibits the bureau or any other entity of the State from requiring that a small
4 distillery be inspected more frequently than every 3 years.
5 3. It prohibits the bureau or wholesale spirits provider from requiring a small distillery
6 to report more frequently than on a quarterly basis.
7 4. It allows a person licensed to sell spirits for on-premises consumption to purchase
8 spirits from a small distillery licensed in the State and allows the holder of a small distillery
9 license to sell or deliver its products to licensed retailers or wholesalers.
10 5. It allows a small distillery to sell beer, wine and spirits manufactured by small
11 breweries, small wineries or small distilleries licensed in the State without a license for
12 sales for on-premises consumption.
13 6. It extends the licensing period for a small distillery from one year to 3 years.
14 7. It allows a small distillery to sell, furnish or deliver spirits manufactured by the
15 small distillery to a person outside of the State by mail order.
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