BILL NUMBER: SB 533	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Knight

                        FEBRUARY 21, 2013

   An act to amend Section  25202 of, and to add Section
25202.2 to,   25200 of  the Business and
Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   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, 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   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 manufacture  .
   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   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  .
   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 25200 of the  
Business and Professions Code  is amended to read: 
   25200.   (a)    All beer sold in this 
State   state  shall have a label affixed to the
package or container thereof,  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. No manufacturer, importer, or wholesaler
of beer shall use a container or carton as a package or container of
a beer other than such 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.   containing the following
information:  
   (1) Information as required by Section 7.22 of Title 27 of the
Code of Federal Regulations.  
   (2) The government warning as required by Section 16.21 of Title
27 of the Code of Federal Regulations.  
   (3) 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, 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.    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.  
  SECTION 1.    Section 25202 of the Business and
Professions Code is amended to read:
   25202.  (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.
   (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.