Bill Text: CA AB893 | 2015-2016 | Regular Session | Chaptered
Bill Title: Beer: labels.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2015-10-01 - Chaptered by Secretary of State - Chapter 410, Statutes of 2015. [AB893 Detail]
Download: California-2015-AB893-Chaptered.html
BILL NUMBER: AB 893 CHAPTERED
BILL TEXT
CHAPTER 410
FILED WITH SECRETARY OF STATE OCTOBER 1, 2015
APPROVED BY GOVERNOR OCTOBER 1, 2015
PASSED THE SENATE AUGUST 20, 2015
PASSED THE ASSEMBLY AUGUST 24, 2015
AMENDED IN SENATE JULY 7, 2015
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN SENATE MAY 28, 2015
INTRODUCED BY Assembly Member Mark Stone
(Coauthors: Assembly Members Levine, Maienschein, and McCarty)
FEBRUARY 26, 2015
An act to add Section 25201 to, to repeal Section 25204 of, and to
repeal and add Section 25200 of, the Business and Professions Code,
relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 893, Mark Stone. Beer: labels.
The Alcoholic Beverage Control Act imposes various requirements
relating to the labels and containers of alcoholic beverages sold
within the state, including a requirement that every manufacturer or
bottler of beer whose beer is sold within the state file with the
Department of Alcoholic Beverage Control the brand name or names
under which the beer is sold or labeled, as provided. The act
provides that a violation of its provisions is a misdemeanor if not
otherwise specified.
This bill would require a manufacturer, before the first sale of a
brand of beer in this state, to register the brand with the
department, as specified, and would make the manufacturer responsible
for compliance with labeling and registration requirements. The
bill, if beer is sold or offered for sale in this state without first
complying with these provisions or other provisions of the act,
would authorize the department to take action it deems reasonable and
necessary including, but not limited to, ordering that the beer not
be sold, or allowing it to be sold for a reasonable time, until these
requirements are met.
This bill, by expanding the scope of an existing crime, would
impose a state-mandated local program.
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 25200 of the Business and Professions Code is
repealed.
SEC. 2. Section 25200 is added to the Business and Professions
Code, to read:
25200. (a) A package or sealed container of beer shall not be
sold in this state without having a label affixed to such package or
container. The label shall meet the requirements of federal malt
beverage labeling regulations contained in Parts 7 and 16 of Title 27
of the Code of Federal Regulations, regardless of whether the label
is subject to approval by the federal Alcohol and Tobacco Tax and
Trade Bureau or any successor agency.
(b) (1) In addition to label requirements pursuant to subdivision
(a), if not already included, the following information shall appear
on the label:
(A) The brand, and class or type, of beer.
(B) The true and correct name and address of the manufacturer of
the beer. For purposes of this provision, if multiple beer
manufacturers are involved in the production of the beer pursuant to
a joint venture or other collaborative arrangement, each of those
manufacturers may be identified on the label.
(C) The true and correct name of the bottler of the beer, if other
than the manufacturer.
(D) A statement of alcoholic content if the beer contains more
than 5.7 percent alcohol by volume.
(2) For purposes of this subdivision, the true and correct name of
a manufacturer, bottler, or packager shall be deemed to include a
fictitious business name for which the manufacturer, bottler, or
packager has duly filed a fictitious business name statement pursuant
to Section 17900.
(c) Prior to the first sale of a brand of beer in this state, the
manufacturer of that beer shall register the brand with the
department. Upon the filing of the registration with the department,
the brand may be sold in this state without further action by the
department. The registration shall include the following:
(1) The true name and address of the actual manufacturer of the
beer.
(2) Any fictitious business name of the manufacturer under which
the beer is manufactured.
(3) The class or type of beer and all brand names under which the
beer is to be sold in this state.
(4) If manufactured under contract for another beer manufacturer
or other person, the true name of such other beer manufacturer or
person.
(5) If manufactured pursuant to a joint venture or other
collaborative arrangement, the name and address of all manufacturers
involved in the joint venture or other collaborative arrangement.
(d) The manufacturer of the beer shall be responsible for
compliance with the requirements of this section. In the case of beer
manufactured pursuant to a joint venture or other collaborative
arrangement, only the actual manufacturer of the beer need comply.
(e) If beer is sold or offered for sale in this state without
first complying with the provisions of this section, or violates any
other provision of this division, the department may take such action
as it deems reasonable and necessary, including, but not limited to,
ordering that the beer no longer be sold or offered for sale until
such time as the requirements of this section are complied with.
Nothing in this section shall be deemed to prohibit the department
from permitting beer that is sold or offered for sale in this state
that does not comply with the requirements of this section to
continue to be sold or offered for sale for a reasonable period of
time to allow the manufacturer to meet the requirements of this
section.
SEC. 3. Section 25201 is added to the Business and Professions
Code, to read:
25201. (a) A manufacturer, importer, or wholesaler of beer shall
not use a container or carton as a package or container of a beer
other than the beer as is manufactured by the manufacturer whose name
or brand of beer appears upon the container or carton, or use as a
package or container of a beer a container or carton which bears the
name of a manufacturer of beer or the brand of any beer other than
those of the manufacturer of the beer contained in the container or
carton.
(b) A beer manufacturer that refills any container supplied by a
consumer shall affix a label that complies with this section on the
container prior to its resale to the consumer. Any information
concerning any beer previously packaged in the container, including,
but not limited to, information regarding the manufacturer and
bottler of the beer, or any associated brands or trademarks, shall be
removed or completely obscured in a manner not readily removable by
the consumer prior to the resale of the container to the consumer.
This subdivision does not authorize a beer manufacturer to refill a
container supplied by a consumer with a capacity of five liquid
gallons or more.
SEC. 4. Section 25204 of the Business and Professions Code is
repealed.
SEC. 5. 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.
