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.
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
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
(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
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.
(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
16(c) This section shall become operative on July 1, 1997.
Section 25203.5 is added to the Business and
27Professions Code, to read:
(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
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
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.