BILL NUMBER: SB 607	CHAPTERED
	BILL TEXT

	CHAPTER  28
	FILED WITH SECRETARY OF STATE  JUNE 6, 2008
	APPROVED BY GOVERNOR  JUNE 6, 2008
	PASSED THE SENATE  MAY 29, 2008
	PASSED THE ASSEMBLY  MAY 29, 2008
	AMENDED IN ASSEMBLY  MAY 27, 2008
	AMENDED IN ASSEMBLY  MAY 19, 2008
	AMENDED IN ASSEMBLY  MAY 6, 2008
	AMENDED IN SENATE  JANUARY 7, 2008

INTRODUCED BY   Senator Wiggins
   (Principal coauthor: Senator Maldonado)
   (Principal coauthor: Assembly Member De Leon)
   (Coauthors: Senators Denham and Migden)
   (Coauthors: Assembly Members Aghazarian, Berryhill, DeSaulnier,
Evans, Huffman, Jeffries, Mendoza, Plescia, Silva, and Wolk)

                        FEBRUARY 22, 2007

   An act to amend Sections 23013 and 23356.2 of the Business and
Professions Code, relating to alcoholic beverages, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 607, Wiggins. Winegrowers.
   Existing law defines a winegrower as any person who has the
facilities and equipment for the conversion of fruit into wine and is
engaged in the production of wine, except for those persons who
produce less than 200 gallons of wine per year for their personal
consumption.
   This bill would expand the definition of a winegrower by removing
that exception.
   Existing law authorizes a person to manufacture beer for personal
or family use without the need for a license or permit. Existing law
authorizes the removal of beer, manufactured for personal or family
use, from the premises where manufactured for use in competition at
organized affairs, exhibitions, or competitions, including homemakers'
contests, tastings, or judgings.
   This bill would additionally authorize a person to manufacture
wine for personal or family use in an amount not to exceed 100 or 200
gallons per household per calendar year without the need for a
license or permit, as provided. This bill would also authorize the
removal of wine, manufactured for personal or family use, from the
premises where manufactured for use, including use at organized
affairs, exhibitions or competitions, such as homemakers' contests,
tastings, or judgings.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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

  SECTION 1.  Section 23013 of the Business and Professions Code is
amended to read:
   23013.  "Winegrower" means any person who has facilities and
equipment for the conversion of grapes, berries, or other fruit into
wine and is engaged in the production of wine.
  SEC. 2.  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 for personal or family use, and not for sale, by
a person over the age of 21 years. The aggregate amount of beer 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.
   (b) No license or permit shall be required for the manufacture of
wine for personal or family use, and not for sale, by a person over
the age of 21 years. The aggregate amount of 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.
   (c) Any beer manufactured pursuant to this section may be removed
from the premises where manufactured for use in competition at
organized affairs, exhibitions or competitions, including homemakers'
contests, tastings, or judgings.
   (d) Any wine made pursuant to this section may be removed from the
premises where made for personal or family use, including use at
organized affairs, exhibitions or competitions, such as homemaker's
contests, tastings or judging. Wine used under this section shall not
be sold or offered for sale.
   (e) Except as provided herein, nothing in this section authorizes
any activity in violation of Section 23300, 23355, or 23399.1.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that amateur winemakers will be able to
participate in all 2008 county fairs and in the 2008 California State
Fair Home Wine Competition, a competition designed to increase the
knowledge, skills, and abilities of amateur winemakers and where
homemade wines are judged in a formal and professional manner, which
occurs from August 15 to September 1, inclusive, it is necessary that
this act take effect immediately.