§1504. Samples of products

A person licensed under section 1502 as a sales representative for a spirits manufacturer or supplier may give a retail licensee samples of spirits under the following conditions.   [PL 2019, c. 404, §28 (AMD).]

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

[PL 2019, c. 404, §28 (AMD).]

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

[PL 2019, c. 404, §28 (AMD).]

3.  Taxes paid.

[PL 2019, c. 404, §28 (RP).]

3-A.  Partial-bottle spirits samples.  Samples must be decanted from the spirits product bottle and provided to licensees licensed for on-premises consumption. The sales representative providing the sample shall maintain a log stating the names of the licensees who sampled the product and the amount sampled. Partial-bottle samples must be properly sealed between tastings.

[PL 2019, c. 404, §28 (AMD).]

4.  Sampling record.  The sales representative who provides the sample shall maintain a log stating the names of the retail licensees who sampled the spirits and the amount sampled.

[PL 2019, c. 404, §28 (AMD).]

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 distiller 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 2019, c. 404, §28 (AMD).]

6.  Retail sampling.  Samples poured from a bottle of spirits designated for retail sampling may be provided to an on-premises licensee licensed to serve spirits and to an agency liquor store on the premises of the agency liquor store if the person receiving the sample is 21 years of age or older and is in a supervisory or managerial position with the agency liquor store. Bottles of spirits designated for retail sampling must be properly sealed between samplings.

[PL 2011, c. 629, §32 (RPR).]

7.  Records maintained.  Records of samples given or received under this section must be maintained for a 2-year period by the retail licensee giving or receiving samples.

[PL 2007, c. 113, §1 (NEW).]

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

[PL 2019, c. 404, §28 (NEW).]

SECTION HISTORY

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).