28-A M.R.S. §1402-A: Samples of products

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:

1. Invoice required. The products must be accompanied by an invoice;

2. Product registered. The product must be registered with the bureau and clearly labeled as a sample;

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

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;

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;

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

5. Samples removed.

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