A person licensed under section 1502 as a sales representative for a spirits supplier may give a retail licensee samples of spirits under the following conditions:

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

   [PL 2021, c. 658, §260 (AMD).]

2. 2. Product registered The spirits must be listed by the commission for sale in this State and clearly labeled as a sample;

   [PL 2021, c. 658, §260 (AMD).]

3. 3. Taxes paid

   [PL 2019, c. 404, §28 (RP).]

4. 3-A. Partial-bottle spirits samples

   [PL 2021, c. 658, §260 (RP).]

5. 4. Sampling record; prohibited recipients The sales representative who provides the sample shall maintain a log stating the names of the agency liquor store or on-premises retail licensee to whom a full-bottle sample is given under subsection 5 or the person to whom a partial-bottle sample of spirits is given under subsection 6 and the amount of that partial-bottle sample. The person to whom the sales representative gives spirits samples under this section may not be a minor or a visibly intoxicated person;

   [PL 2021, c. 658, §260 (AMD).]

6. 5. Full-bottle samples The maximum amount of unopened full-bottle samples of spirits given to a retail licensee by a sales representative may not exceed 6 liters per year per distillery represented by that sales representative. Individual samples may not exceed one liter. A full-bottle sample is an unopened bottle of spirits provided to an agency liquor store or an on-premises retail licensee licensed to sell spirits;

   [PL 2021, c. 658, §260 (AMD).]

7. 6. Partial-bottle samples Bottles of spirits designated for partial-bottle sampling must be properly sealed between samplings. Samples poured from a bottle of spirits designated for partial-bottle sampling may be provided only:

   1. A. On the premises of a retailer licensed to sell spirits for on-premises consumption to the owner of or a supervisory or managerial employee of the retailer; or

      [PL 2021, c. 658, §260 (NEW).]

   2. B. On the premises of an agency liquor store to the owner of or a supervisory or managerial employee of the agency liquor store;

      [PL 2021, c. 658, §260 (NEW).]

   [PL 2021, c. 658, §260 (AMD).]

8. 7. Records maintained Records of samples given or received under this section must be maintained for a 2-year period by the sales representative and the retail licensee that gave or received the samples; and

   [PL 2021, c. 658, §260 (AMD).]

9. 8. Access to samples A sales representative shall request samples from bailment inventory of a spirits supplier housed at the wholesale spirits provider's warehouse for the purposes described under this section.

   [PL 2021, c. 658, §260 (AMD).]

PL 2007, c. 113, §1 (NEW). PL 2007, c. 695, Pt. E, §1 (AMD). PL 2011, c. 629, §§31, 32 (AMD). PL 2017, c. 35, §2 (AMD). PL 2019, c. 404, §28 (AMD). PL 2021, c. 658, §260 (AMD).