AB 1554, as amended, Irwin. Powdered alcohol.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That act imposes additional regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
This bill would prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as
begin delete defined, and would require the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided.end delete This bill
would prohibit the purchase, sale, offer for sale, distribution, manufacture, begin delete possession,end delete or use of powdered alcohol and would make the violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.
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 23003.1 is added to the Business and
2Professions Code, to read:
“Powdered alcohol” means an alcohol prepared or
4sold in a powder or crystalline form that is used for human
5consumption in that form or reconstituted as an alcoholic beverage
6when mixed with water or any other liquid. “Powdered alcohol”
7does not include “vaporized
begin delete alcohol”end delete as defined in
“Alcoholic beverage” includes alcohol, spirits, liquor,
12wine, beer, and every liquid or solid containing alcohol, spirits,
13wine, or beer, and which contains one-half of 1 percent or more
14of alcohol by volume and which is fit for beverage purposes either
15alone or when diluted, mixed, or combined with other substances.
16“Alcoholic beverage” does not include “powdered alcohol,” as
17defined in Section 23003.1.
“Distilled spirits” means an alcoholic beverage obtained
21by the distillation of fermented agricultural products, and includes
22alcohol for beverage use, spirits of wine, whiskey, rum, brandy,
23and gin, including all dilutions and mixtures thereof. “Distilled
24spirits” does not include “powdered alcohol,” as defined in Section
Section 23794 is added to the Business and Professions
3Code, to read:
A license shall not be issued to any applicant to
5authorize the manufacture, distribution, or retail sale of powdered
Section 24200.7 is added to the Business and
8Professions Code, to read:
The department shall revoke or suspend any license
10if the licensee or the agent or employee of the licensee
11manufactures, distributes, or offers for retail sale powdered alcohol.
begin delete25623end delete is added to the Business and
14Professions Code, to read:
(a) A person shall not purchase, sell, offer
17for sale, manufacture, distribute,
begin delete possess,end delete or use powdered alcohol.
18(b) (1) Any person who sells, offers for sale, manufactures, or
19distributes powdered alcohol is guilty of an infraction that shall
20be punishable by a fine of not more than five hundred dollars
P3 1 22(2)end delete
23 Any person who purchases, possesses, or uses powdered
24alcohol is guilty of an infraction and subject to a fine of one
25hundred twenty-five dollars ($125).
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California