SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2674

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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SENATE, February 10, 2022.

The committee on Consumer Protection and Professional Licensure, to whom was referred the petition (accompanied by bill, Senate, No. 209) of Adam G. Hinds for legislation to expand the sale of products by farmer distilleries and wineries, reports the accompanying bill (Senate, No. 2674).

For the committee,

Susan L. Moran

        FILED ON: 1/31/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2674

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act expanding the sale of products by farmer distilleries and wineries.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 15F of Chapter 138 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the first paragraph, and inserting in place thereof the following paragraph:-

Section 15F. Notwithstanding any other provision of chapter 138, in any city or town wherein the granting of licenses to sell wine or distilled products is authorized under this chapter, the local licensing authority may issue to an applicant authorized to operate either: (i) a farmer-winery under section 19B or in any other state, or (ii) a farmer-distillery under section 19E or in any other state, a special license for the sale of wine or distilled products produced by or for the licensee in sealed containers for off-premise consumption at an indoor or outdoor agricultural event. All sales of wine or distilled products shall be conducted by an agent, representative, or solicitor of the licensee to customers who are at least 21 years of age. A licensee under this section may provide, without charge, samples of wine or distilled products to prospective customers at an indoor or outdoor agricultural event. All samples of wine or distilled products shall be served by an agent, representative, or solicitor of the licensee to individuals who are at least 21 years of age and all samples shall be consumed in the presence of such agent, representative, or solicitor of the licensee; provided, however, that no wine sample shall exceed one (1) ounce of wine and no more than 5 samples shall be served to an individual prospective customer; provided, further, that no distilled product sample shall exceed one quarter (0.25) ounce of such product and no more than 4 samples shall be served to an individual prospective customer. For the purposes of this section, the term ''agricultural event'' shall be limited to those events certified by the department of agricultural resources as set forth in this section.