California Legislature—2015–16 Regular Session

Assembly BillNo. 893


Introduced by Assembly Member Mark Stone

February 26, 2015


An act to add Section 25203.5 to the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 893, as introduced, Mark Stone. Beer: labels.

The Alcoholic Beverage Control Act imposes various requirements relating to the labels and containers of alcoholic beverages sold within the state, including a requirement that every manufacturer or bottler of beer whose beer is sold within the state file with the Department of Alcoholic Beverage Control the brand name or names under which the beer is sold or labeled, as provided. The act provides that a violation of its provisions is a misdemeanor if not otherwise specified.

This bill would prohibit beer from being imported into, or sold within, this state unless the label for that beer is first filed with the department, in accordance with any rules and regulations of the department, and would provide that a violation of this provision does not subject the licensee to civil or criminal provisions pursuant to the act.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 25203.5 is added to the Business and
2Professions Code
, to read:

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25203.5.  

(a) Beer shall not be imported into, or sold within,
2this state unless the label for that beer is first filed with the
3department, in accordance with any rules and regulations of the
4department.

5(b) The department may accept the filing of labels by any means
6it determines are appropriate, including filing by mail or electronic
7filing. For the purpose of insuring consistency in the filings, the
8department may promulgate guidelines by rules and regulations
9establishing the label information it deems necessary. The adoption
10of these rules and regulations shall not be subject to Chapter 3.5
11(commencing with Section 11340) of Part 1 of Division 3 of Title
122 of the Government Code.

13(c) The department may elect to waive all or part of any fees
14paid or incurred by licensees in filing labels as required pursuant
15to this part.

16(d) A violation of this section shall not subject the licensee to
17any civil or criminal penalties pursuant to this division.



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