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
-----------------------------------------------------------------
|Author: |McGuire |
|-----------+-----------------------------------------------------|
|Version: |1/22/2015 |
-----------------------------------------------------------------
------------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
------------------------------------------------------------------
-----------------------------------------------------------------
|Consultant:|Arthur Terzakis |
| | |
-----------------------------------------------------------------
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outdated section of the Alcoholic Beverage Control (ABC) Act to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the Business and Professions Code) contains outdated references.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 ?