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 beer in this state, to register the
begin delete productend delete 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 25200 of the Business and Professions
2Code is repealed.
Section 25200 is added to the Business and Professions
4Code, to read:
(a) A package or sealed container of beer shall not be
6sold in this state without having a label affixed to such package
7or container. The label shall meet the requirements of federal malt
8beverage labeling regulations contained in Parts 7 and 16 of Title
927 of the Code of Federal Regulations, regardless of whether the
10label is subject to approval by the federal Alcohol and Tobacco
11Tax and Trade Bureau or any successor agency.
12(b) In addition to label requirements pursuant to subdivision
13(a), if not already included, the following information shall appear
14on the label:
20 15(1)end delete
16 The brand, and class or type, of beer.
21 17(2)end delete
18 The true and correct name and address of the manufacturer
19of the beer. For purposes of this provision, if multiple beer
20manufacturers are involved in the production of the beer pursuant
21to a joint venture or other collaborative arrangement, each of those
22manufacturers may be identified on the label.
26 23(3)end delete
24 The true and correct name of the bottler of the beer, if other
25than the manufacturer.
28 P3 1(4)end delete
2 A statement of alcoholic content if the beer contains more
3than 5.7 percent alcohol by volume.
9(c) Prior to the first sale of beer in this state, the
10manufacturer of that beer shall register the
begin delete productend delete with the
11department. The registration shall include the following:
14(1) The true name and address of the actual manufacturer of the
16(2) Any fictitious business name of the manufacturer under
17which the beer is manufactured.
18(3) The class or type of beer and all brand names under which
19the beer is to be sold in this state.
20(4) If manufactured under contract for another beer manufacturer
21 or other person, the true name of such other beer manufacturer or
23(5) If manufactured pursuant to a joint venture or other
24collaborative arrangement, the name and address of all
25manufacturers involved in the joint venture or other collaborative
27(d) The manufacturer of the beer shall be responsible for
28compliance with the requirements of this section. In the case of
29beer manufactured pursuant to a joint venture or other collaborative
30arrangement, only the actual manufacturer of the beer need comply.
31(e) If beer is sold or offered for sale in this state without first
32complying with the provisions of this section, or violates any other
33provision of this division, the department may take such action as
34it deems reasonable and necessary, including, but not limited to,
35ordering that the beer no longer be sold or offered for sale until
36such time as the requirements of this section are complied with.
37Nothing in this section shall be deemed to prohibit the department
38from permitting beer that is sold or offered for sale in this state
39that does not comply with the requirements of this section to
40continue to be sold or offered for sale for a reasonable period of
P4 1time to allow the manufacturer to meet the requirements of this
Section 25201 is added to the Business and Professions
4Code, to read:
(a) A manufacturer, importer, or wholesaler of beer
6shall not use a container or carton as a package or container of a
7beer other than the beer as is manufactured by the manufacturer
8whose name or brand of beer appears upon the container or carton,
9or use as a package or container of a beer a container or carton
10which bears the name of a manufacturer of beer or the brand of
11any beer other than those of the manufacturer of the beer contained
12in the container or carton.
13(b) A beer manufacturer that refills any container supplied by
14a consumer shall affix a label that complies with this section on
15the container prior to its resale to the consumer. Any information
16concerning any beer previously packaged in the container,
17including, but not limited to, information regarding the
18manufacturer and bottler of the beer, or any associated brands or
19trademarks, shall be removed or completely obscured in a manner
20not readily removable by the consumer prior to the resale of the
21container to the consumer. This subdivision does not authorize a
22beer manufacturer to refill a container supplied by a consumer
23with a capacity of five liquid gallons or more.
Section 25204 of the Business and Professions Code
25 is repealed.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California