BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           SB 133           Hearing Date:    3/24/2015
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          |Author:    |McGuire                                              |
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          |Version:   |1/22/2015                                            |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Arthur Terzakis                                      |
          |           |                                                     |
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          SUBJECT: Alcoholic beverages:  licenses:  suspension and  
          revocation


            DIGEST:    This bill makes minor code maintenance changes to an  
          outdated section of the Alcoholic Beverage Control (ABC) Act to  
          reflect current circumstances.

          ANALYSIS:
          
          Existing law:
          
          1.Establishes the Department of Alcoholic Beverage Control (ABC)  
            and grants it exclusive authority to administer the provisions  
            of the ABC Act in accordance with laws enacted by the  
            Legislature.  This involves licensing individuals and  
            businesses associated with the manufacture, importation and  
            sale of alcoholic beverages in this state and the collection  
            of license fees for this purpose. 

          2.Requires the Chief of the Bureau of Food and Drug Inspection  
            to notify the Department of ABC of the conviction of any  
            licensee of any violation of the California Pure Foods Act in  
            connection with alcoholic beverages.  Also, 
            requires the Department of ABC to promptly investigate whether  
            grounds exist for suspension or revocation of the license.

          3.Establishes the Sherman Food, Drug, and Cosmetic Law, and  
            provides for regulation under that law by the State Department  







          SB 133 (McGuire)                                   Page 2 of ?
          
          
            of Public Health of the packaging and labeling of foods,  
            drugs, devices, and cosmetics.  

          This bill:

          Strikes references to the "Chief of the Bureau of Food and Drug  
          Inspection" as well as the "California Pure Foods Act," neither  
          of which exist any longer, and, instead requires the Director of  
          the State Department of Public Health to notify ABC of the  
          conviction of any licensee of any violation of the Sherman Food,  
          Drug, and Cosmetic Law in connection with alcoholic beverages. 

          Background

          The author's office notes that existing law (Section 24204 of  
          the Business and Professions Code) contains outdated references.  
           For example, there is no longer a "Bureau of Food and Drug  
          Inspection" and the "California Pure Foods Act" referenced by  
          the statute was combined with the Sherman Food, Drug and  
          Cosmetic Law in 1970.  This measure is simply intended to  
          replace the outdated references with the correct ones.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            SUPPORT:  

          Wine Institute

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    Writing in support, the Wine Institute  
          points out that it is timely to update this antiquated code  
          section to reflect current circumstances and remove any  
          confusion.
          
          DUAL REFERRAL:   Senate Committee on Health 

          
          










          SB 133 (McGuire)                                   Page 3 of ?