BILL ANALYSIS Ó
SB 133
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Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SB
133 (McGuire) - As Introduced January 22, 2015
SENATE VOTE: 36-0
SUBJECT: Alcoholic beverages: licenses: suspension and
revocation.
SUMMARY: Makes minor code maintenance changes to an outdated
section of the Alcoholic Beverage Control Act (Act) to reflect
current circumstances. Specifically, this bill :
1) 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 the
Department of Alcoholic Beverage Control (ABC) of the conviction
of any licensee of any violation of the Sherman Food, Drug, and
Cosmetic Law in connection with alcoholic beverages.
EXISTING LAW:
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1)Establishes ABC and grants it exclusive authority to
administer the provisions of the 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 ABC of the conviction of any licensee of any
violation of the California Pure Foods Act in connection with
alcoholic beverages. Also, requires 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 DPH of the packaging
and labeling of foods, drugs, devices, and cosmetics.
FISCAL EFFECT:
COMMENTS:
Purpose of the bill : 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outdated references.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replace the outdated references with the correct ones.
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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.
REGISTERED SUPPORT / OPPOSITION:
Support
Wine Institute
Opposition
None on file
Analysis Prepared by:Eric Johnson / G.O. / (916)
319-2531
SB 133
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