SB 533, as amended, 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, andbegin delete 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 specifiedend deletebegin insert 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 manufactureend insert.
This bill wouldbegin delete 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 providedend deletebegin insert 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 resaleend insert.
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:
begin insertSection 25200 of the end insertbegin insertBusiness and Professions
2Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertAll beer sold in thisbegin delete Stateend deletebegin insert stateend insert shall have a label
4affixed to the package or container thereof,begin delete upon which shall appear begin insert
containing the
5the true and correct name and address of the manufacturer of the
6beer, and also the true and correct name of the bottler of the beer
7if other than the manufacturer. No manufacturer, importer, or
8wholesaler of beer shall use a container or carton as a package or
9container of a beer other than such beer as is manufactured by the
10manufacturer whose name or brand of beer appears upon the
11container or carton, or use as a package or container of a beer a
12container or carton which bears the name of a manufacturer of
13beer or the brand of any beer other than those of the manufacturer
14of the beer contained in the container or carton.end delete
15following information:end insert
16(1) Information as required by Section 7.22 of Title 27 of the
17Code of Federal Regulations.
18(2) The government warning as required by Section 16.21 of
19Title 27 of the Code of Federal Regulations.
20(3) The true and correct name and address of the manufacturer
21of the beer, and also the true and correct name of the bottler of
22the beer if other than the manufacturer.
P3 1(b) A manufacturer, importer, or wholesaler of beer shall not
2use a container or carton as a package or container of a beer other
3than the beer as is manufactured by the manufacturer whose name
4or brand of beer
appears upon the container or carton, or use as
5a package or container of a beer a container or carton which bears
6the name of a manufacturer of beer or the brand of any beer other
7than those of the manufacturer of the beer contained in the
8container or carton.
9(c) A beer manufacturer that refills any container supplied by
10a consumer shall affix a label that complies with this section on
11the container prior to its resale to the consumer. Any information
12concerning any beer previously packaged in the container,
13including, but not limited to, information regarding the
14manufacturer and bottler of the beer, shall be removed or
15completely obscured in a manner not readily removable by the
16consumer prior to the resale of the container to the consumer.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.
Section 25202 of the Business and Professions
27Code is amended to read:
(a) Except as provided in subdivision (b) and Section
2925202.2, manufacturers’ names, brand names, print, or markings
30first placed on returnable beer containers or cartons made of wood
31or fiber board shall not be obliterated, mutilated, or marked out
32without the written consent of the manufacturer whose name,
33brand, or printed markings is to be obliterated, mutilated, or marked
34out.
35(b) This section does not apply to wood or fiber board containers
36or cartons of a beer manufacturer who has discontinued business
37and production and is no longer a licensed beer manufacturer.
Section 25202.2 is added to the Business and
39Professions Code, to read:
A returnable beer container or carton may be refilled
2by a beer manufacturer other than the beer manufacturer, importer,
3or wholesaler identified on the container’s or carton’s label if the
4previous beer manufacturer’s, importer’s, or wholesaler’s name,
5brand name, print, or markings are obliterated, mutilated, or marked
6out by the refilling beer manufacturer. The refilled container or
7carton is subject to the label requirements contained in this article.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
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