BILL NUMBER: AB 647	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 21, 2013

   An act to amend  Section   Sections 23012 and
 25200 of the Business and Professions Code, relating to
alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 647, as amended, Chesbro. The Alcoholic Beverage Control Act:
beer manufacturers: containers. 
   (1) Existing law defines a "beer manufacturer" as any person
engaged in the manufacture of beer, and requires a license or permit
to manufacture beer, unless the beer is manufactured for personal or
family use under specified conditions.  
   This bill would revise the definition of "beer manufacturer" to
include only those persons that have facilities and equipment for the
purposes of, and are engaged in, the commercial manufacture of beer.
 
   (1) 
   (2)  The Alcoholic Beverage Control Act, administered by
the Department of Alcoholic Beverage Control, prescribes requirements
for licenses for the manufacture, distribution, and sale of
alcoholic beverages. The act requires that all beer sold in the state
have a label affixed to its package or container with the true and
correct name and address of the manufacturer of the beer and the true
and correct name of the bottler of the beer if other than the
manufacturer. The act provides that a violation of its provisions is
a misdemeanor if not otherwise specified.
   This bill would require  a beer label to include the brand and
type of beer and would also require  a beer manufacturer that
refills any container supplied by a consumer to affix a label, as
specified, on the container prior to its resale to the consumer. The
bill would require information concerning any beer previously
packaged in the container, including, but not limited to, information
regarding the manufacturer and bottler of the beer, to be removed or
completely obscured in a manner not readily removable by the
consumer prior to resale. 
   (2) 
    (3)  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 23012 of the  
Business and Professions Code  is amended to read: 
   23012.  "Beer manufacturer" means any person  that has
facilities and equipment for the purposes of, and is  engaged in
 ,  the  commercial  manufacture of beer.
   SECTION 1.   SEC. 2.   Section 25200 of
the Business and Professions Code is amended to read:
   25200.  (a) All beer sold in this state shall have a label affixed
to the package or container thereof,  containing the brand and
type of beer,  upon which shall appear the true and correct name
and address of the manufacturer of the beer, and also the true and
correct name of the bottler of the beer if other than the
manufacturer.
   (b) 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.
   (c) 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.
   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.