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          SUMMARY:  Makes minor code maintenance changes to an outdated  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












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