Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 394


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert Mark Stonebegin insert and Alejoend insert

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(Principal coauthor: Senator Monning)

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(Coauthor: Senator Cannella)

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February 18, 2015


An act tobegin delete amend Section 25238 ofend deletebegin insert add Section 25247 toend insert the Business and Professions Code, relating to alcoholic beverage control.

LEGISLATIVE COUNSEL’S DIGEST

AB 394, as amended, Mark Stone. begin deleteWine. end deletebegin insertAlcoholic beverage control: wine labels: Monterey County.end insert

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The Alcoholic Beverage Control Act provides for specified labeling requirements for containers of alcoholic beverages sold within this state, including a requirement that any wine bottled on or after January 1, 2014, labeled with an American Viticultural Area established pursuant to federal law that is located entirely within a county of the 19th class, bear the designation “Sonoma County” on the label in specified type size as determined by the size of the wine container, as prescribed. The act provides that a violation of its provisions is a misdemeanor if not otherwise specified.

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This bill would require any wine bottled on or after January 1, 2019, labeled with an American Viticultural Area established pursuant to federal law that is located entirely within the County of Monterey to bear the designation “Monterey County” on the label in specified type size as determined by the size of the wine container, as prescribed, and would provide that a violation of this provision does not subject a person to civil or criminal provisions pursuant to the act. The bill would authorize the Department of Alcoholic Beverage Control to suspend or revoke the license of any person who violates these provisions.

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The Alcoholic Beverage Control Act requires winegrowers or bottlers of wine within specified counties to keep certain records.

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This bill would make a technical, nonsubstantive change to that requirement.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 25247 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

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3

begin insert25247.end insert  

(a) Any wine labeled with an American Viticultural
4Area established pursuant to Part 9 (commencing with Section
59.1) of Title 27 of the Code of Federal Regulations that is located
6entirely within the County of Monterey shall bear the designation
7“Monterey County” on the label in a type size not smaller than
8two millimeters on containers of more than 187 milliliters or
9smaller than one millimeter on containers of 187 milliliters or less.

10(b) The department may suspend or revoke the license of any
11person who violates this section.

12(c) This section shall not apply to any wine labeled with a
13viticultural area appellation of origin established pursuant to Part
149 (commencing with Section 9.1) of Title 27 of the Code of Federal
15Regulations when the name of the appellation is “Monterey.”

16(d) This section shall apply to wines bottled on or after January
171, 2019.

18(e) A violation of this section shall not subject a person to any
19civil or criminal penalties pursuant to this division.

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SECTION 1.  

Section 25238 of the Business and Professions
21Code
is amended to read:

22

25238.  

Every winegrower or bottler of wine of any kind within
23the counties specified in Section 25236 shall keep a record of all
24wine not produced by him or her and obtained and used by him or
25her for any purpose. The record shall show the date the wine is
26obtained, the amount thereof, the source from which obtained, the
27kind or type of wine, and, in detail, the purpose or purposes for
28which the wine is used. Each winegrower or bottler of wine shall
29keep a complete record showing the total amount of wine produced
P3    1by him or her, or bottled by him or her, made entirely from grapes
2grown within the counties mentioned in Section 25236.

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