BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 533|
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THIRD READING
Bill No: SB 533
Author: Knight (R)
Amended: 4/1/13
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 9-0, 4/23/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,
De León, Hernandez, Lieu
NO VOTE RECORDED: Galgiani, Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Alcoholic beverages: beer labels
SOURCE : Author
DIGEST : This bill adds clarity to the Alcoholic Beverage
Control (ABC) Act by modifying language pertaining to labeling
and refilling requirements for returnable beer containers known
as growlers.
ANALYSIS : Under federal law, the Treasury Department's
Alcohol and Tobacco Tax and Trade Bureau is responsible for
implementing and enforcing a broad range of statutory and
compliance provisions and ensuring that alcohol products are
created, labeled, and marketed in accordance with the Federal
Alcohol Administration Act.
Existing law:
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1. Specifies that all beer sold in the state must 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
manufacturer.
2. Requires every manufacturer or bottler of beer in this state
or elsewhere whose beer is sold within the state to file with
ABC the brand name or names under which they sell or label
their beer.
3. Provides for specified labeling requirements for containers
of alcoholic beverages sold within this state, as specified.
For beer, existing law requires compliance with federal
regulations requiring a statement of alcohol content as a
percentage of alcohol by volume, as specified.
4. Requires the container of any beer or alcoholic beverage,
other than sake, that derives 0.5% or more of its alcoholic
content by volume from flavors or other ingredients
containing distilled alcohol and that is sold by a
manufacturer or importer to a wholesaler or retailer within
this state to bear a label or a firmly affixed sticker that
includes specified information regarding its alcohol content
and its status as an alcoholic beverage.
5. Prohibits any retail licensee from dispensing any draught
beer if the manufacturer's proper tap sign or draught beer
sign is not displayed.
6. Defines the following terms:
A. "Beer manufacturer" to mean any person engaged in the
manufacture of beer.
B. "Beer" to mean any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt,
hops, or any other similar product, or any combination
thereof in water, and includes ale, porter, brown, stout,
lager beer, small beer, and strong beer, but does not
include sake, known as Japanese rice wine. Beer aged in
an empty wooden barrel previously used to contain wine or
distilled spirits shall be defined exclusively as "beer"
and shall not be considered a dilution or mixture of any
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other alcoholic beverage.
C. "On-sale" license as authorizing the sale of all types
of alcoholic beverages: namely, beer, wine and distilled
spirits, for consumption on the premises (such as at a
restaurant or bar). An "off-sale" license authorizes the
sale of all types of alcoholic beverages for consumption
off the premises in original, sealed containers.
This bill adds clarity to the ABC Act by modifying language
pertaining to labeling and refilling requirements for returnable
beer containers known as "growlers." Specifically, this bill:
1. Deletes certain language in an existing provision of the ABC
Act relative to labeling, content, and use of a container of
beer and recasts that provision, as specified.
2. Adds a new provision to the ABC Act stipulating that a beer
manufacturer that refills any container supplied by a
consumer shall affix a label that complies with state and
federal law on the container prior to its resale to the
consumer.
3. Provides that 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.
Background
California's current beer labeling and content requirements for
the refilling of off-sale glass containers, known as "growlers,"
has led to confusion amongst breweries and consumers as to which
labels or markings must be covered in order to refill a growler.
The author's office notes that many breweries believe that a
growler may only be refilled with beer from the same brewery
that sold that growler. Additionally, the author's office
points out consumers would like to re-use their containers from
one brewery to the next but labeling requirements and concerns
by licensees pose a barrier. The author's office believes this
bill will give consumers the flexibility and choice to reuse
their growlers with proper labeling.
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The term "growler" likely dates back to the late 19th century
when fresh beer was carried from the local pub to one's home by
means of a small galvanized pail. It is claimed the sound that
the CO2 made when it escaped from the lid as the beer sloshed
around sounded like a growl.
A growler is typically a glass or ceramic jug with a capacity of
half a gallon of beer with either a screw-on cap or a hinged
porcelain gasket cap, which can provide freshness for a week or
more. They are commonly sold at breweries and brewpubs as a
means to sell take-out craft beer.
The ABC Act does not define the term "growler" but since a
growler is a container used to carry beer it is subject to ABC
laws that regulate beer packaging and labeling.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/7/13)
California Craft Brewers Association
City of Palmdale, Mayor James C. Ledford, Jr.
ARGUMENTS IN SUPPORT : This bill's proponent claims this bill
is necessary to clarify labeling requirements for growler
refills in order to alleviate any confusion for the Department
of ABC, the consumer and the brewery. The proponent believes
this bill will go a long way in eliminating any such confusion
amongst consumers and producers in the brewery industry.
MW:k 5/7/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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