BILL NUMBER: SB 39	AMENDED
	BILL TEXT

	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, as amended, 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  caffeinated beer beverages, as
defined,   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 Alcohol 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.
   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.  Section 25622 is added to the Business and Professions
Code, to read:
   25622.  (a)  Caffeinated beer beverages  
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) For purposes of this section, "caffeinated beer beverage"
means a beer for which the manufacturer has filed with the United
States Alcohol and Tobacco Trade and Tax Bureau as an ingredient,
directly added caffeine.  
   (c) This section is not intended to apply to any beer that has an
incidental amount of caffeine as a constitutent of a natural
ingredient, such as coffee, chocolate, or tea.  
   (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. 2.   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.