Bill Text: CA AB1554 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Powdered alcohol.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 742, Statutes of 2016. [AB1554 Detail]

Download: California-2015-AB1554-Chaptered.html

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BILL NUMBER: AB 1554	CHAPTERED
	BILL TEXT

	CHAPTER  742
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2016
	PASSED THE SENATE  AUGUST 16, 2016
	PASSED THE ASSEMBLY  AUGUST 22, 2016
	AMENDED IN SENATE  JUNE 29, 2016
	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  APRIL 14, 2016

INTRODUCED BY   Assembly Member Irwin
   (Principal coauthor: Senator Huff)
   (Coauthors: Assembly Members Campos, Gipson, Gonzalez, Levine,
Lopez, and Williams)

                        JANUARY 4, 2016

   An act to amend Sections 23004 and 23005 of, and to add Sections
23003.1, 23794, and 25623.5 to, the Business and Professions Code,
relating to powdered alcohol.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1554, Irwin. Powdered alcohol.
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. That act imposes additional
regulations on the sale of alcoholic beverages and creates penalties
for violations of those regulations.
   This bill would prohibit the department from issuing a license to
manufacture, distribute, or sell powdered alcohol, as defined. This
bill would prohibit the possession, purchase, sale, offer for sale,
distribution, manufacture, or use of powdered alcohol and would make
the specified violation of these provisions punishable as an
infraction.
   This bill would impose a state-mandated local program by creating
a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23003.1 is added to the Business and
Professions Code, to read:
   23003.1.  "Powdered alcohol" means an alcohol prepared or sold in
a powder or crystalline form that is used for human consumption in
that form or reconstituted as an alcoholic beverage when mixed with
water or any other liquid. "Powdered alcohol" does not include
"vaporized alcohol," as defined in Section 25621.
  SEC. 2.  Section 23004 of the Business and Professions Code is
amended to read:
   23004.  "Alcoholic beverage" includes alcohol, spirits, liquor,
wine, beer, and every liquid or solid containing alcohol, spirits,
wine, or beer, and which contains one-half of 1 percent or more of
alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed, or combined with other substances.
"Alcoholic beverage" does not include "powdered alcohol," as defined
in Section 23003.1.
  SEC. 3.  Section 23005 of the Business and Professions Code is
amended to read:
   23005.  "Distilled spirits" means an alcoholic beverage obtained
by the distillation of fermented agricultural products, and includes
alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and
gin, including all dilutions and mixtures thereof. "Distilled spirits"
does not include "powdered alcohol," as defined in Section 23003.1.
  SEC. 4.  Section 23794 is added to the Business and Professions
Code, to read:
   23794.  A license shall not be issued to any applicant to
authorize the manufacture, distribution, or retail sale of powdered
alcohol.
  SEC. 5.  Section 25623.5 is added to the Business and Professions
Code, to read:
   25623.5.  (a) A person shall not possess, purchase, sell, offer
for sale, manufacture, distribute, or use powdered alcohol.
   (b) Any person who purchases, possesses, or uses powdered alcohol
is guilty of an infraction and subject to a fine of one hundred
twenty-five dollars ($125).
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.