AB 87 Assembly Bill - INTRODUCED

BILL NUMBER: AB 87	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blakeslee

                        DECEMBER 13, 2006

   An act to amend Section 25240 of, and to add Section 25244 to, the
Business and Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 87, as introduced, Blakeslee. Alcoholic beverages: California
county wine.
   Under existing law, the Department of Alcoholic Beverage Control
regulates the licensing, enforcement, and administration of the
alcoholic beverage control laws. Existing law requires any wine
labeled with a viticultural area appellation of origin established
pursuant to federal law, other than the viticultural area "Napa
Valley," that is located entirely within the County of Napa to bear
the designation "Napa Valley" on the label in conjunction with the
area designation of the wine, as specified.
   This bill would declare the intent of Legislature to protect the
Paso Robles wine-growing area and prevent confusion among consumers.
   This bill would provide that any wine labeled with a viticultural
area appellation of origin established pursuant to federal law when
the appellation includes the term "Napa Valley" does not need to bear
the additional designation of "Napa Valley."
   This bill also would require any wine labeled with a viticultural
area appellation of origin established pursuant to federal law, other
than the viticultural area "Paso Robles," that is located entirely
within the "Paso Robles" viticultural area name to bear the
designation "Paso Robles" on the label in conjunction with the area
designation of wine. This bill would provide that any wine labeled
with a viticultural area appellation of origin established pursuant
to federal law when the appellation includes the term "Paso Robles"
does not need to bear the additional designation of "Paso Robles."
    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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) That wine produced in Paso Robles from grapes grown in the
Paso Robles region has national and international recognition.
   (b) That Paso Robles was designated a viticultural area in 1983 by
the federal government, and that designation authorizes growers and
vintners, whose wine is derived from at least 85 percent of grapes
grown in the Paso Robles region, to label their wines as Paso Robles
wines.
   (c) California's Central Coast is geologically different from
other California wine growing regions. The proximity of the Pacific
Ocean, orientation of numerous canyons and valleys, and varying
elevations produce many different distinct microclimates, including
the largest variation between high daytime and low nighttime
temperatures of any region in California because of the cool marine
air that flows east through the Templeton Gap and south along the
Salinas River Valley from the Monterey Bay.
   (d) Since the early 1990s, Paso Robles wines have proven
consistent gold medal winners and have been featured regularly in the
top rankings of national and international wine reviews. A milestone
in the worldwide recognition of Paso Robles as a premier wine region
came in 1997 when a local product was named one of the top 10 wines
in the world by the Wine Spectator.
   (e) In the last eight years, the number of wineries in the Paso
Robles wine country has tripled from 50 to 170, mostly due to an
increase of boutique and small family owned vineyards and wineries.
The appellation's burgeoning reputation has also lured a number of
winemakers from France, Australia, South Africa, and Switzerland who
are eager to find new applications for their wine-making skills.
   (f) The likely proliferation of smaller, separate viticultural
area designations, while highly desirable within the developing Paso
Robles region, has the potential of diminishing the historical,
agricultural, and economic importance of the Paso Robles wine-growing
area and confusing consumers.
   (g) Thus, it is necessary to require wines produced within the
boundaries of the existing Paso Robles appellation to be labeled as
being derived from that region, if the wine label indicates that they
are produced within a separate viticultural area within Paso Robles
wine country, to preserve consumer identification and understanding
of the name "Paso Robles" and to protect this important state
agricultural resource and wine products derived from that area.
  SEC. 2.  Section 25240 of the Business and Professions Code is
amended to read:
   25240.   (a)    Any wine labeled with a
viticultural area appellation of origin established pursuant to Part
9 (commencing with Section 9.1) of Title 27 of the Code of Federal
Regulations, other than the viticultural area "Napa Valley," and
which is located entirely within a county of the 29th class, shall
bear the designation "Napa Valley" on the label in direct conjunction
therewith in a type size not smaller than 1mm less than that of the
viticultural area designation provided neither designation is smaller
than 2mm on containers of more than 187ml or smaller than 1mm on
containers of 187ml or less. This requirement shall apply to all
wines bottled on or after January 1, 1990. 
   The 
    (b)     The  department may suspend or
revoke the license of any person who violates this section. 
   (c) This section shall not apply to any wine labeled with a
viticultural area appellation of origin established pursuant to Part
9 (commencing with Section 9.1) of Title 27 of the Code of Federal
Regulations when the name of the appellation includes the term "Napa
Valley." 
  SEC. 3.  Section 25244 is added to the Business and Professions
Code, to read:
   25244.  (a) Any wine labeled with a viticultural area appellation
of origin established pursuant to Part 9 (commencing with Section
9.1) of Title 27 of the Code of Federal Regulations that is located
entirely within the "Paso Robles" viticultural area shall bear the
designation "Paso Robles" on the label in direct conjunction
therewith in a type size not smaller than 1mm less than that of said
viticultural area designation, provided neither designation is
smaller than 2mm on containers of more than 187ml or smaller than 1mm
on containers of 187ml or less.
   (b) The department may suspend or revoke the license of any person
who violates this section.
   (c) This section shall not apply to any wine labeled with a
viticultural area appellation of origin established pursuant to Part
9 (commencing with Section 9.1) of Title 27 of the Code of Federal
Regulations when the name of the appellation includes the term "Paso
Robles."
   (d) This section applies only to wine that is bottled on or after
January 1, 2008.
  SEC. 4.  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.