BILL NUMBER: SB 533	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Knight

                        FEBRUARY 21, 2013

   An act to amend Section 25202 of, and to add Section 25202.2 to,
the Business and Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 533, as introduced, Knight. Alcoholic beverages: beer labels.
   The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state. The act also 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.
   This bill would authorize a beer manufacturer, other than the beer
manufacturer, importer, or wholesaler identified on the returnable
beer container's or carton's label, to refill the container or carton
if the original label on the container or carton is removed and
replaced by the refilling beer manufacturer, as provided.
   The Alcoholic Beverage Control Act provides that a violation of
its provisions is a misdemeanor.
   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 25202 of the Business and Professions Code is
amended to read:
   25202.   Manufacturers'   (a)  
  Except as provided in subdivision (b) and Section 25202.2,
manufacturers'  names, brand names, print, or markings first
placed on returnable beer containers or cartons made of wood or fiber
board shall not be obliterated, mutilated, or marked out without the
written consent of the manufacturer whose name, brand, or printed
markings is to be obliterated, mutilated, or marked out. 
This 
    (b)     This  section does not apply
to wood or fiber board containers or cartons of a beer manufacturer
who has discontinued business and production and is no longer a
licensed beer manufacturer.
  SEC. 2.  Section 25202.2 is added to the Business and Professions
Code, to read:
   25202.2.  A returnable beer container or carton may be refilled by
a beer manufacturer other than the beer manufacturer, importer, or
wholesaler identified on the container's or carton's label if the
previous beer manufacturer's, importer's, or wholesaler's name, brand
name, print, or markings are obliterated, mutilated, or marked out
by the refilling beer manufacturer. The refilled container or carton
is subject to the label requirements contained in this article.
  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.