Maine Revised Statutes Title 28-A Sec. 1355-B – Research manufacturer license
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The bureau may issue a research manufacturer license to distill, rectify or brew spirits, wine or malt liquor to a state-supported postsecondary educational institution operating under federal law and federal supervision to manufacture malt liquor, wine or spirits. A license issued under this section authorizes the licensee to manufacture spirits, wine or malt liquor for research, educational and business development purposes as described by this section. The bureau may issue a research manufacturer license for the manufacture of malt liquor, wine and spirits or for the manufacture of one or 2 of these 3 types of liquor as specified on the license. [PL 2015, c. 149, §1 (NEW).]
1. Eligible licensees. The bureau may issue a research manufacturer license to a state-supported postsecondary educational institution, or its agent, that submits an application to the bureau in a manner prescribed by the bureau. The bureau may require appropriate approval documentation from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes the educational institution, or its agent, to manufacture liquor. The Bureau of Alcoholic Beverages and Lottery Operations may issue a license under this section only to an educational institution, or its agent, that:
A. Offers a course or courses for a degree program related to food sciences or agricultural sciences; and [PL 2015, c. 149, §1 (NEW).]
B. Offers, as an outreach component of the institution, education and consulting through the application of the institution’s research regarding food science and food processing to assist businesses in the State, including, but not limited to, manufacturers licensed under section 1355?A. [PL 2015, c. 149, §1 (NEW).]
[PL 2015, c. 149, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1355-B
- 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
- bottle: means to package spirits, wine or malt liquor for sale in containers. 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
- 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. 2Manufacturer: 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 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 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Location. A research manufacturer licensee may manufacture liquor only at a facility, subject to approval by the bureau, on the campus of the educational institution where courses for the programs described in subsection 1, paragraphs A and B are offered.
[PL 2015, c. 149, §1 (NEW).]
3. Manufacture of liquor limited to certain purposes. A licensee under this section may not manufacture liquor for sale, distribution or any other commercial purpose other than to collect fees for educational, testing or consulting services provided by the licensee. A licensee may manufacture liquor for the following purposes:
A. Business development consultation, including, but not limited to, recipe development and food health and safety practices; [PL 2015, c. 149, §1 (NEW).]
B. General education about the manufacture of liquor for manufacturers licensed under section 1355?A, persons considering licensure and others who seek to manufacture liquor for their own personal use; or [PL 2015, c. 149, §1 (NEW).]
C. Educational course work as part of the educational institution’s curriculum for a degree program in food sciences or agricultural sciences. [PL 2015, c. 149, §1 (NEW).]
Nothing in this section prohibits a research manufacturer licensee from charging a fee for the production of liquor or the use of equipment for the purposes described in this section.
[PL 2015, c. 149, §1 (NEW).]
4. Consumption of liquor on premises; transport of liquor from premises. A research manufacturer licensee is governed by the provisions of this subsection regarding the consumption of liquor on the research manufacturer’s facility premises and the transport of liquor from the facility premises.
A. A licensee may permit sampling of the liquor produced on the facility premises by a person at least 21 years of age who is:
(1) A member of the faculty or staff of the institution who teaches or assists with course work and programs related to the liquor manufacturing, a student enrolled in a course in which manufacturing is included in the curriculum or a client of the outreach component described in subsection 1, paragraph B for the purpose of quality control of the product; or
(2) A manufacturer licensed under section 1355?A who is receiving the consulting and educational services provided by the institution licensed under this section. [PL 2015, c. 149, §1 (NEW).]
B. Liquor manufactured at the facility premises may be transported from the facility premises:
(1) By a person licensed under section 1355?A for whom the research manufacturer licensee manufactured the liquor in a quantity not to exceed 50 gallons; and
(2) By a client at least 21 years of age who is registered with the outreach component described under subsection 1, paragraph B in a quantity not to exceed 32 ounces of malt liquor, 16 ounces of wine or 8 ounces of spirits per client for the duration of the course offered by the extension program. [PL 2015, c. 149, §1 (NEW).]
C. Liquor transported from the facility in accordance with paragraph B, subparagraph (2) must be clearly labeled with the research manufacturer’s name and license number, the product contained in the bottle and the alcohol content of the product. This paragraph does not apply to liquor that is properly labeled and will be listed for distribution or sale by a person licensed under section 1355?A. [PL 2015, c. 149, §1 (NEW).]
[PL 2015, c. 149, §1 (NEW).]
5. Liquor manufactured for another licensee; amount limitation. The following limits apply to the amount of liquor a research manufacturer licensee may produce for a manufacturer licensed under section 1355?A:
A. Fifty gallons of malt liquor per manufacturer per year; [PL 2015, c. 149, §1 (NEW).]
B. Fifteen gallons of wine per manufacturer per year; and [PL 2015, c. 149, §1 (NEW).]
C. Ten gallons of spirits per manufacturer per year. [PL 2015, c. 149, §1 (NEW).]
[PL 2015, c. 149, §1 (NEW).]
6. Reporting. A research manufacturer licensee shall submit reports in a manner prescribed by the bureau. A research manufacturer licensee shall also submit to the bureau copies of reports the licensee is required to file with the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau.
[PL 2015, c. 149, §1 (NEW).]
7. License fee. The annual fee for a research manufacturer license is $100.
[PL 2015, c. 149, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 149, §1 (NEW).