Amended in Senate June 23, 2015

Amended in Senate May 28, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 893


Introduced by Assembly Member Mark Stone

(Coauthors: Assembly Members Levine, Maienschein, and McCarty)

February 26, 2015


An actbegin delete to add Section 25203.5 toend deletebegin insert to add Section 25201 to, to repeal Section 25204 of, and to repeal and add Section 25200 of,end insert the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 893, as amended, 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.

begin delete

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.

end delete
begin insert

This bill would require a manufacturer, before the first sale of beer in this state, to register the product with the department, as specified, and would make the manufacturer responsible for compliance with labeling and registration requirements. The bill, if beer is sold or offered for sale in this state without first complying with these provisions or other provisions of the act, would authorize the department to take action it deems reasonable and necessary including, but not limited to, ordering that the beer not be sold, or allowing it to be sold for a reasonable time, until these requirements are met.

end insert
begin insert

This bill, by expanding the scope of an existing crime, would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 25200 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is repealed.end insert

begin delete
3

25200.  

(a) All beer sold in this state shall have a label affixed
4to the package or container thereof, containing the brand and type
5of beer, upon which shall appear the true and correct name and
6address of the manufacturer of the beer, and also the true and
7correct name of the bottler of the beer if other than the
8manufacturer.

9(b) A manufacturer, importer, or wholesaler of beer shall not
10use a container or carton as a package or container of a beer other
11than the beer as is manufactured by the manufacturer whose name
12or brand of beer appears upon the container or carton, or use as a
13package or container of a beer a container or carton which bears
14the name of a manufacturer of beer or the brand of any beer other
15than those of the manufacturer of the beer contained in the
16container or carton.

17(c) A beer manufacturer that refills any container supplied by
18a consumer shall affix a label that complies with this section on
19the container prior to its resale to the consumer. Any information
20concerning any beer previously packaged in the container,
P3    1including, but not limited to, information regarding the
2manufacturer and bottler of the beer, or any associated brands or
3trademarks, shall be removed or completely obscured in a manner
4not readily removable by the consumer prior to the resale of the
5container to the consumer. This subdivision does not authorize a
6beer manufacturer to refill a container supplied by a consumer
7with a capacity of five liquid gallons or more.

end delete
8begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25200 is added to the end insertbegin insertBusiness and Professions
9Code
end insert
begin insert, to read:end insert

begin insert
10

begin insert25200.end insert  

(a) A package or sealed container of beer shall not be
11sold in this state without having a label affixed to such package
12or container. The label shall meet the requirements of federal malt
13beverage labeling regulations contained in Parts 7 and 16 of Title
1427 of the Code of Federal Regulations, regardless of whether the
15label is subject to approval by the federal Alcohol and Tobacco
16Tax and Trade Bureau or any successor agency.

17(b) In addition to label requirements pursuant to subdivision
18(a), if not already included, the following information shall appear
19on the label:

20(1) The brand, and class or type, of beer.

21(2) The true and correct name and address of the manufacturer
22of the beer. For purposes of this provision, if multiple beer
23manufacturers are involved in the production of the beer pursuant
24to a joint venture or other collaborative arrangement, each of
25those manufacturers may be identified on the label.

26(3) The true and correct name of the bottler of the beer, if other
27than the manufacturer.

28(4) A statement of alcoholic content if the beer contains more
29than 5.7 percent alcohol by volume.

30(c) Prior to the first sale of beer in this state, the manufacturer
31of that beer shall register the product with the department. The
32registration shall include the following:

33(1) The true name and address of the actual manufacturer of
34the beer.

35(2) Any fictitious business name of the manufacturer under
36which the beer is manufactured.

37(3) The class or type of beer and all brand names under which
38the beer is to be sold in this state.

P4    1(4) If manufactured under contract for another beer
2manufacturer or other person, the true name of such other beer
3manufacturer or person.

4(5) If manufactured pursuant to a joint venture or other
5collaborative arrangement, the name and address of all
6manufacturers involved in the joint venture or other collaborative
7arrangement.

8(d) The manufacturer of the beer shall be responsible for
9compliance with the requirements of this section. In the case of
10beer manufactured pursuant to a joint venture or other
11 collaborative arrangement, only the actual manufacturer of the
12beer need comply.

13(e) If beer is sold or offered for sale in this state without first
14complying with the provisions of this section, or violates any other
15provision of this division, the department may take such action as
16it deems reasonable and necessary, including, but not limited to,
17ordering that the beer no longer be sold or offered for sale until
18such time as the requirements of this section are complied with.
19Nothing in this section shall be deemed to prohibit the department
20from permitting beer that is sold or offered for sale in this state
21that does not comply with the requirements of this section to
22continue to be sold or offered for sale for a reasonable period of
23time to allow the manufacturer to meet the requirements of this
24section.

end insert
25begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25201 is added to the end insertbegin insertBusiness and Professions
26Code
end insert
begin insert, to read:end insert

begin insert
27

begin insert25201.end insert  

(a) A manufacturer, importer, or wholesaler of beer
28shall not use a container or carton as a package or container of
29a beer other than the beer as is manufactured by the manufacturer
30whose name or brand of beer appears upon the container or carton,
31or use as a package or container of a beer a container or carton
32which bears the name of a manufacturer of beer or the brand of
33any beer other than those of the manufacturer of the beer contained
34in the container or carton.

35(b) A beer manufacturer that refills any container supplied by
36a consumer shall affix a label that complies with this section on
37the container prior to its resale to the consumer. Any information
38concerning any beer previously packaged in the container,
39including, but not limited to, information regarding the
40manufacturer and bottler of the beer, or any associated brands or
P5    1trademarks, shall be removed or completely obscured in a manner
2not readily removable by the consumer prior to the resale of the
3container to the consumer. This subdivision does not authorize a
4beer manufacturer to refill a container supplied by a consumer
5with a capacity of five liquid gallons or more.

end insert
6begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 25204 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is repealed.end insert

begin delete
8

25204.  

(a) Any beer container sold within this state shall bear
9a label that conforms with the alcohol content labeling requirements
10prescribed in Section 7.71 of Part 7 of Title 27 of the Code of
11Federal Regulations, as adopted pursuant to the Federal Alcohol
12Administration Act (27 U.S.C. Sec. 201 et seq.).

13(b) Any beer container sold within this state that contains more
14than 5.7 percent alcohol by volume shall include a statement of
15alcoholic content.

16(c) This section shall become operative on July 1, 1997.

end delete
17begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.

end insert
begin delete
26

SECTION 1.  

Section 25203.5 is added to the Business and
27Professions Code
, to read:

28

25203.5.  

(a) Beer shall not be imported into, or sold within,
29this state unless the label for that beer is first filed with the
30department, in accordance with any rules and regulations of the
31department.

32(b) The department may accept the filing of labels by any means
33it determines are appropriate, including filing by mail or electronic
34filing. To ensure consistency in the filings, the department may
35promulgate guidelines by rules and regulations establishing the
36label information it deems necessary. The adoption of these rules
37and regulations shall not be subject to Chapter 3.5 (commencing
38with Section 11340) of Part 1 of Division 3 of Title 2 of the
39Government Code.

P6    1(c) The department may elect to waive all or part of any fees
2paid or incurred by licensees in filing labels as required pursuant
3to this part.

4(d) A violation of this section shall not subject the licensee to
5any civil or criminal penalties pursuant to this division.

end delete


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