California Legislature—2013–14 Regular Session

Assembly BillNo. 2203


Introduced by Assembly Member Chesbro

February 20, 2014


An act to amend Section 25202 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 2203, as introduced, Chesbro. Alcoholic beverages: beer labeling.

The Alcoholic Beverage Control Act provides for specified labeling requirements for containers of alcoholic beverages sold within this state, and prohibits the obliteration, mutilation, or marking out of a manufacturer’s name on returnable beer containers or cartons made of wood or fiber board, as specified. A violation of the act is a misdemeanor.

This bill would additionally prohibit the obliteration, mutilation, or marking out of a manufacturer’s name on metal kegs, as specified. By expanding the scope of an existing 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:

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SECTION 1.  

Section 25202 of the Business and Professions
2Code
is amended to read:

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25202.  

begin insert(a)end insertbegin insertend insert Manufacturers’ names, brand names, print, or
4markings first placed on returnable beer containersbegin insert, metal kegs,end insert or
5cartons made of wood or fiber board shall not be obliterated,
6mutilated, or marked out without the written consent of the
7manufacturer whose name, brand, or printed markings is to be
8obliterated, mutilated, or marked out.begin delete Thisend delete

9begin insert(b)end insertbegin insertend insertbegin insertThisend insert section does not apply tobegin insert metal kegs orend insert wood or fiber
10board containers or cartons of a beer manufacturer who has
11discontinued business and production and is no longer a licensed
12beer manufacturer.

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SEC. 2.  

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.



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