Amended in Assembly August 5, 2013

Amended in Senate April 1, 2013

Senate BillNo. 533


Introduced by Senator Knight

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(Coauthor: Senator Wyland)

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February 21, 2013


An act to amend Section 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 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 thebegin delete manufactureend deletebegin insert manufacturerend insert.

This bill would 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:

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SECTION 1.  

Section 25200 of the Business and Professions
2Code
is amended to read:

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25200.  

(a) All beer sold in this state shall have a label affixed
4to the package or container thereof, containing the following
5information:

6(1) Information as required by Section 7.22 of Title 27 of the
7Code of Federal Regulations.

8(2) The government warning as required by Section 16.21 of
9Title 27 of the Code of Federal Regulations.

10(3) The true and correct name and address of the manufacturer
11of the beer, and also the true and correct name of the bottler of the
12beer if other than the manufacturer.

13(b) A manufacturer, importer, or wholesaler of beer shall not
14use a container or carton as a package or container of a beer other
15than the beerbegin delete as isend delete manufactured by the manufacturer whose name
16or brand of beer appears upon the container or carton, or use as a
17package or container of a beer a container or carton which bears
18the name of a manufacturer of beer or the brand of any beer other
19than those of the manufacturer of the beer contained in the
20container or carton.

21(c) A beer manufacturer that refills any container supplied by
22a consumer shall affix a label that complies with this section on
23the container prior to its resale to the consumer. Any information
24concerning any beer previously packaged in the container,
25including, but not limited to, information regarding the
26manufacturer and bottler of the beer, shall be removed or
27completely obscured in a manner not readily removable by the
28consumer prior to the resale of the container to the consumer.

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SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.



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