BILL NUMBER: AB 2609	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 21, 2014

   An act to amend Section 23356.2 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2609, as introduced, Nestande. Home brewers and home
winemakers.
   Existing law authorizes a person to manufacture beer or wine for
personal or family use without the need for a license or permit, as
provided. Existing law authorizes the removal of beer from the
premises where made under specified circumstances and requires beer
or wine donated to a nonprofit organization to be labeled with
designated information, as provided.
   This bill would make a technical, nonsubstantive change to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 23356.2 of the Business and Professions Code is
amended to read:
   23356.2.  (a) No license or permit shall be required for the
manufacture of beer or wine for personal or family use, and not for
sale, by a person over 21 years of age. The aggregate amount of beer
or wine with respect to any household shall not exceed (1) 
200 gallons per calendar year if there are two or more adults in the
household or (2) 100 gallons per calendar year if there is only one
adult in the household   100 gallons per calendar year
if there is only one adult in the household or (2)   200
gallons per calendar year if there are two or more adults in the
household  .
   (b) Beer or wine produced pursuant to this section may be removed
from the premises where made only under any of the following
circumstances:
   (1) For use, including tasting by judges, in a bona fide
competition or exhibition.
   (2) For personal or family use.
   (3) When donated to a nonprofit organization for use as provided
in subdivision (c).
   (c) (1) Beer or wine produced pursuant to this section may be
donated to a nonprofit organization for sale at fundraising events
conducted solely by and for the benefit of the nonprofit
organization. Beer and wine donated pursuant to this subdivision may
be sold by the nonprofit organization only for consumption on the
premises of the fundraising event, under a license issued by the
department to the nonprofit organization pursuant to this division.
   (2) Beer or wine donated and sold pursuant to this subdivision
shall bear a label identifying its producer and stating that the beer
or wine is homemade and not available for sale or for consumption
off the licensed premises. The beer or wine is not required to comply
with other labeling requirements under this division. However,
nothing in this paragraph authorizes the use of any false or
misleading information on a beer or wine label.
   (3) A nonprofit organization established for the purpose of
promoting home production of beer or wine, or whose membership is
composed primarily of home brewers or home winemakers, shall not be
eligible to sell beer or wine pursuant to this subdivision.
   (d) Except as provided in subdivision (c), this section does not
authorize the sale or offering for sale by any person of any beer or
wine produced pursuant to this section.
   (e) Except as provided herein, nothing in this section authorizes
any activity in violation of Section 23300, 23355, or 23399.1.