Page 1 - 131LR2705(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1372 - L.D. 2148
An Act to Expand Direct Shipment Reporting and to Allow for the Use of
Fulfillment Providers for the Direct Shipment of Wine
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §1403-A, sub-§1, ¶C is enacted to read:
C. "Common carrier" means a company that transports goods upon reasonable request,
on regular routes and at set rates.
Sec. 2. 28-A MRSA §1403-A, sub-§1, ¶D is enacted to read:
D. "Fulfillment provider" means a bonded logistics agent of a direct shipper that
provides fulfillment services, including warehousing, packaging, distributing and order
processing for the shipment of wine to a consumer and arranges for transport of wine
to a consumer by a common carrier and that has obtained a fulfillment provider
registration under subsection 5-A.
Sec. 3. 28-A MRSA §1403-A, sub-§4, as enacted by PL 2009, c. 373, §1, is
amended to read:
4. Direct shipment requirements.
provider may only ship wine that was produced by or for the direct shipper, owned by the
direct shipper or sold under the winery name of the direct shipper in accordance with the
direct shipper's federal basic wine manufacturing permit to a recipient who is at least 21
years of age and that is intended for personal use and not for resale. A direct shipper or a
direct shipper's fulfillment provider may not ship wine products commonly known as "wine
coolers." A direct shipper or a direct shipper's fulfillment provider shall label each package
to be shipped in accordance with this section so that it conspicuously reads "CONTAINS
ALCOHOL: SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER IS
REQUIRED FOR DELIVERY."
Sec. 4. 28-A MRSA §1403-A, sub-§5, as enacted by PL 2009, c. 373, §1, is
amended to read:
5. Common carrier.
by a common carrier and must be accompanied by a shipping label that clearly indicates
APPROVED
APRIL 9, 2024
BY GOVERNOR
CHAPTER
604
PUBLIC LAW Page 2 - 131LR2705(03)
the name of the direct shipper and the name and residence address of the recipient. The
common carrier shall obtain the signature of a person 21 years of age or older at the address
listed on the shipping label prior to delivery of the shipment. The common carrier shall
request photographic identification from the person signing for the shipment and verify that
the person is 21 years of age or older.
Sec. 5. 28-A MRSA §1403-A, sub-§5-A is enacted to read:
5-A. Fulfillment provider registration.
provider that is registered under this section.
A. A fulfillment provider that is not a common carrier, does not hold a direct shipper,
manufacturer, wholesale or retail license issued by the bureau and is not a certificate
of approval holder and that is not owned or controlled by a common carrier, direct
shipper, manufacturer, wholesale or retail licensee or certificate of approval holder may
register with the bureau in a manner prescribed by the bureau. A registration must
include the information required in paragraph B and a registration fee of not more than
$50 per physical premises. A fulfillment provider registering pursuant to this
subsection shall register with the bureau for each physical premises from which the
fulfillment provider will ship wine under this section. A fulfillment provider may only
ship wine to a recipient in the State if the fulfillment provider maintains a current
registration, as applicable, under this subsection and only if the wine shipped is
provided by a direct shipper licensed under this section.
B. A fulfillment provider registration must include the following:
(1) The address of each physical premises from which the fulfillment provider will
ship wine to recipients in the State;
(2) The name, address and license number of each direct shipper on whose behalf
the fulfillment provider will ship wine to recipients in the State; and
(3) Any other information as determined by the bureau.
C. A fulfillment provider registration must be renewed every 2 years. If there is a
material change in the information provided to the bureau related to the initial
registration or renewal, the fulfillment provider shall provide updated information to
the bureau not later than 14 days after the change.
D. A fulfillment provider shall make all commercially reasonable efforts to verify the
validity of each direct shipper license prior to making any shipments under this section.
Continuous failure to verify the validity of licenses may result in the suspension of the
fulfilment provider's registration and imposition of a fine.
Sec. 6. 28-A MRSA §1403-A, sub-§11, as amended by PL 2013, c. 476, Pt. A,
§31, is repealed and the following enacted in its place:
11. Reporting.
by this subsection.
A. A direct shipper shall submit a report to the bureau quarterly in a manner and form
prescribed by the bureau that includes the following:
(1) The total number of cases of wine shipped to recipients in the State and, for a
direct shipper located in the State, shipments made outside the State; Page 3 - 131LR2705(03)
(2) The name and residence address of shipment recipients in the State;
(3) The name and registration of the designated fulfillment providers, if applicable;
(4) The common carrier used to deliver each shipment; and
(5) The date, quantity and purchase price of each shipment.
B. A fulfillment provider shall submit a report to the bureau quarterly in a manner and
form prescribed by the bureau that includes the following:
(1) The name as it appears on the direct shipper license, physical address and
license number of the direct shipper on whose behalf the fulfillment provider
shipped wine under this section;
(2) The date of each shipment;
(3) The name and business address of the common carrier that transported the
shipment and the unique tracking number for each shipment;
(4) The weight of each package shipped; and
(5) The name and residence address of each recipient.
C. A common carrier shall submit a report to the bureau quarterly in a manner and
form prescribed by the bureau that includes the following:
(1) The name of the common carrier;
(2) The name and address of the direct shipper and, if applicable, the fulfillment
provider that used the common carrier for a shipment of wine;
(3) The name and address of each recipient;
(4) The weight of each package delivered to each recipient;
(5) The unique tracking number for each shipment; and
(6) The date of each delivery.
A failure by a common carrier to comply with the reporting requirements of this
paragraph that continues for more than 30 days after receiving from the bureau a notice
of that failure may result in the suspension of the common carrier's license to operate
in the State or the imposition of any other penalty the relevant licensing authority in
the State is authorized to impose.
D. If no wine was shipped to a recipient in this State and, for a direct shipper located
in the State, no wine was shipped to a recipient outside the State during the reporting
period, a report containing that information must be submitted to the bureau.
Sec. 7. 28-A MRSA §1403-A, sub-§12, as enacted by PL 2009, c. 373, §1, is
amended to read:
12. Audit and records retention. The bureau may perform an audit of a direct
shipper's, fulfillment provider's or common carrier's records relevant to compliance with
this section. A direct shipper, fulfillment provider or common carrier shall provide copies
of any records requested by the bureau within 10 20 business days of that request. Page 4 - 131LR2705(03)
A. A direct shipper shall maintain the books, records and documents supporting a
report submitted under subsection 11, paragraph A or D for 2 years after the reporting
date, unless otherwise directed by the bureau.
B. A fulfillment provider shall maintain the books, records and documents supporting
a report submitted under subsection 11, paragraph B or D for 2 years after the reporting
date, unless otherwise directed by the bureau.
C. A common carrier shall maintain the books, records and documents supporting a
report submitted under subsection 11, paragraph C or D, including an electronic or
paper copy of each recipient's signature, for 2 years after the reporting date, unless
otherwise directed by the bureau.
Sec. 8. 28-A MRSA §1403-A, sub-§13, as enacted by PL 2009, c. 373, §1, is
amended to read:
13. Violation.
knowingly causes a direct shipment in violation of this section is subject to a fine up to
$500 for a first offense and up to $1,000 for any subsequent violation of this section. A
direct shipper, fulfillment provider or common carrier who knowingly delivers wine to a
person under 21 years of age is subject to a fine up to $5,000. The bureau may suspend or
revoke a wine direct shipper license for failure to comply with the shipping limits and
reporting requirements required by this section. The bureau may accept payment of an
offer in compromise in lieu of suspension; such payments must be determined by rules
adopted by the bureau.
Sec. 9.
Financial Services, Bureau of Alcoholic Beverages and Lottery Operations shall examine
the direct shipment of wine under the Maine Revised Statutes, Title 28-A, section 1403-A
in order to evaluate the effectiveness of the regulations related to compliance and
enforcement. The bureau shall submit a report no later than February 1, 2026 to the joint
standing committee of the Legislature having jurisdiction over alcoholic beverage matters
summarizing their findings, which must include information regarding the total volume and
sales figures of wine shipped to recipients in the State and outside the State, the entities and
locations from which wine shipments are made, where wine shipments are being delivered
in the State, broken down at a minimum by county, auditing procedures and compliance
and enforcement data. The report may include suggested legislation necessary to support
conclusions reached in the report. The committee may submit legislation related to the
report to the Second Regular Session of the 132nd Legislature.