Bill Text: CA SB39 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Alcoholic beverages: caffeinated beer beverages.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 140, Statutes of 2011. [SB39 Detail]

Download: California-2011-SB39-Chaptered.html

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BILL NUMBER: SB 39	CHAPTERED
	BILL TEXT

	CHAPTER  140
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2011
	APPROVED BY GOVERNOR  AUGUST 1, 2011
	PASSED THE SENATE  JULY 14, 2011
	PASSED THE ASSEMBLY  JULY 11, 2011
	AMENDED IN ASSEMBLY  JUNE 7, 2011
	AMENDED IN SENATE  MARCH 23, 2011
	AMENDED IN SENATE  MARCH 15, 2011

INTRODUCED BY   Senator Padilla
   (Coauthor: Assembly Member Beall)

                        DECEMBER 6, 2010

   An act to add Section 25622 to the Business and Professions Code,
relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 39, Padilla. Alcoholic beverages: caffeinated beer beverages.
   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. A violation of the act is a
misdemeanor, except as otherwise specified.
   This bill would prohibit the import, production, manufacture,
distribution, or sale of beer to which caffeine has been directly
added as a separate ingredient at retail locations within the state.
   Because this bill would add a prohibition to the Alcoholic
Beverage Control Act, the violation of which is a crime, the bill
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 25622 is added to the Business and Professions
Code, to read:
   25622.  (a) Beer to which caffeine has been directly added as a
separate ingredient shall not be imported into this state, produced,
manufactured, or distributed within this state, or sold by a licensed
retailer within this state.
   (b) The department may require licensees to submit product
formulas as it determines to be necessary to implement and enforce
this section. Any information required to be provided by any licensee
to the department pursuant to this section shall be considered
confidential and corporate proprietary information. This information
shall not be subject to disclosure under the California Public
Records Act (Chapter 3.5 (commencing with Section 6520) of Division 7
of Title 1 of the Government Code).
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which adds Section 25622 to the Business and Professions Code,
imposes a limitation on the public's rights of access to the writings
of public officials and agencies within the meaning of Section 3 of
Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation and
the need for protecting that interest:
   In order to facilitate licensee participation in this prohibition,
it is necessary to protect the confidentiality of trade secrets.
  SEC. 3.  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.