BILL ANALYSIS Ó
AB 647
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 647 (Chesbro)
As Amended August 14, 2013
Majority vote.
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|ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |39-0 |(August 26, |
| | | | | |2013) |
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Original Committee Reference: G.O.
SUMMARY : Adds clarity to existing provisions of the Alcoholic
Beverage Control Act (ABC Act) relative to labeling requirements
for the refilling of off-sale consumer-sized beer containers,
known as "growlers," by beer manufacturers, and the serving of
beer, as specified, by a beer manufacturer or brewpub-restaurant
licensee; and makes technical code maintenance changes.
Specifically, this bill :
1)Modifies 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.
2)Clarifies that all beer sold in California must have a label
affixed to the package or container that includes the "brand
and type of beer."
3)Requires 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.
4)Makes it explicit that 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 must be
removed or completely obscured in a manner not readily
removable by the consumer prior to resale.
5)Prohibits a beer manufacturer from refilling a container
supplied by a consumer with a capacity of five liquid gallons
or more.
6)Allows a beer manufacturer or brewpub-restaurant licensee to
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serve beer produced by the manufacturer or brewpub-restaurant
licensee to attendees at a meeting of a bona fide beer
manufacturer or brewer's guild held on the premises of a beer
manufacturer.
The Senate amendments :
1)Allow a licensed beer manufacturer or a brewpub-restaurant
licensee to serve, for consumption on the premises, beer
produced by the licensed beer manufacturer or
brewpub-restaurant licensee to attendees at a meeting of a
bona fide beer manufacturer trade association or brewers'
guild held on the premises of a licensed beer manufacturer.
2)Make technical code maintenance changes.
3)Add coauthor's.
AS PASSED BY THE ASSEMBLY , this bill clarified the Department of
Alcoholic Beverage Control's (ABC's) current labeling
requirements for refilled beer containers. In addition, this
bill clarifies that a beer manufacturer means any person that
has facilities and equipment for the purposes of, and is engaged
in the commercial manufacture of beer.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill, as amended in the Senate is consistent
with Assembly actions.
Purpose of the bill : The author's office states that this bill
proposes to strengthen the current definition of "beer
manufacturer" to ensure that the law is clear and not ambiguous
and that the licensed privileges and responsibilities of beer
manufacturers are taken seriously and not abused. Specifically,
this bill adds a requirement to existing law that a "beer
manufacturer" not just be engaged in the manufacture of beer,
but that a beer manufacturer actually has the facilities and
equipment for the purposes of, and is engaged in, the commercial
manufacture of beer.
Additionally, the author's office points out that this bill
proposes to clarify under what conditions a beer manufacturer
may refill consumer beer containers for off-sale purposes. The
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author's office notes that refilling of off-sale consumer sized
beer containers; known as growlers, by beer manufacturers has
become a popular way for consumers to sample beers from
different breweries in an affordable way and offers an
environmentally favorable method of doing so. Currently, if you
buy a growler container it can only be filled with beer from the
brewery that sold that growler. Consumers would like to re-use
their containers from one brewery to the next but existing
labeling requirements and compliance with the law have posed a
barrier to refilling beer containers in California. The
author's office contends that this bill provides the additional
statutory guidance on the labeling which is warranted and
needed.
Furthermore, this measure would add language to existing law to
allow a beer manufacturer or brewpub-restaurant licensee to
serve beer produced by the manufacturer or brewpub-restaurant
licensee to attendees at a meeting of a bona fide beer
manufacturer or brewer's guild held on the premises of a beer
manufacturer.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001870