BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 133|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 133
Author: McGuire (D)
Introduced:1/22/15
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 10-0, 3/24/15
AYES: Hall, Berryhill, Block, Gaines, Hernandez, Hill, Hueso,
Lara, McGuire, Vidak
NO VOTE RECORDED: Galgiani
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Alcoholic beverages: licenses: suspension and
revocation
SOURCE: Author
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outdated section of the Alcoholic Beverage Control (ABC) Act to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 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.
SB 133
Page 2
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
of Public Health (DPH) 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 DPH to notify the Department of 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the Business and Professions Code) contains outdated references.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 bill is simply intended to replace
the outdated references with the correct ones.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
SUPPORT: (Verified 4/28/15)
Wine Institute
OPPOSITION: (Verified 4/28/15)
None received
ARGUMENTS IN SUPPORT: Writing in support, the Wine Institute
SB 133
Page 3
points out that it is timely to update this antiquated code
section to reflect current circumstances and remove any
confusion.
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
4/29/15 16:07:28
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