Amended in Senate July 7, 2015

Amended in Senate June 23, 2015

Amended in Senate May 28, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 893

Introduced by Assembly Member Mark Stone

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

February 26, 2015

An act to add Section 25201 to, to repeal Section 25204 of, and to repeal and add Section 25200 of, 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.

This bill would require a manufacturer, before the first sale of begin insert a brand of end insert beer in this state, to register the begin delete product end delete begin insert brand end insert 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.

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

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.

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

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

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

SECTION 1.  

Section 25200 of the Business and Professions
Code is repealed.

SEC. 2.  

Section 25200 is added to the Business and Professions
Code, to read:

25200.  

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

(b)  begin insert (1) end insert begin insert   end insert In addition to label requirements pursuant to subdivision
(a), if not already included, the following information shall appear
on the label:

begin delete

(1)

end delete

begin insert (A) end insert  The brand, and class or type, of beer.

begin delete

(2)

end delete

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

begin delete

(3)

end delete

begin insert (C) end insert  The true and correct name of the bottler of the beer, if other
than the manufacturer.

begin delete

(4)

end delete

begin insert (D) end insert  A statement of alcoholic content if the beer contains more
than 5.7 percent alcohol by volume.

begin insert

(2) For purposes of this subdivision, the true and correct name
of a manufacturer, bottler, or packager shall be deemed to include
a fictitious business name for which the manufacturer, bottler, or
packager has duly filed a fictitious business name statement
pursuant to Section 17900.

end insert

(c) Prior to the first sale of begin insert a brand of end insert beer in this state, the
manufacturer of that beer shall register the begin delete product end delete begin insert brand end insert with the
department. begin insert Upon the filing of the registration with the department,
the brand may be sold in this state without further action by the
department. end insert The registration shall include the following:

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

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

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

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

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

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

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

SEC. 3.  

Section 25201 is added to the Business and Professions
Code, to read:

25201.  

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

(b) A beer manufacturer that refills any container supplied by
a consumer shall affix a label that complies with this section on
the container prior to its resale to the consumer. Any information
concerning any beer previously packaged in the container,
including, but not limited to, information regarding the
manufacturer and bottler of the beer, or any associated brands or
trademarks, 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. This subdivision does not authorize a
beer manufacturer to refill a container supplied by a consumer
with a capacity of five liquid gallons or more.

SEC. 4.  

Section 25204 of the Business and Professions Code
is repealed.

SEC. 5.  

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