BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1393|
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CONSENT
Bill No: SB 1393
Author: Negrete McLeod (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 11-0, 4/10/12
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Hernandez, Padilla, Walters, Yee
NO VOTE RECORDED: Evans, Wyland
SUBJECT : Alcoholic beverage control: licensees:
returns
SOURCE : California Beer & Beverage Distributors
DIGEST : This bill makes the following changes to an
existing provision of the Alcoholic Beverage Control Act
that currently allows a manufacturer or wholesaler of beer
to accept the return of recalled beer for health or safety
issues and exchange the beer or credit the retailer: (1)
permits the return of recalled beer that is considered by a
manufacturer, importer, or governmental entity to present
health or safety issues if distributed, offered for sale or
sold in the state; and (2) allows the seller of beer to
exchange with the manufacturer or importer the returned
beer and the seller of beer's inventory that was recalled
or considered to present health or safety issue for
identical product provided safe inventory is available. If
safe product is unavailable then the manufacturer or
importer must provide the seller of beer a refund or a
CONTINUED
SB 1393
Page
2
credit memorandum.
ANALYSIS : Existing law permits the return of beer for
errors in delivery, health and safety recalls and the
identical exchange of out-of-code products.
Existing law also authorizes a wholesaler or manufacturer
of beer to accept the return of quantities of discontinued
or seasonal brands of beer from a retail licensee, provided
that the returned beer is exchanged for a quantity of beer
of a brand produced or sold by the same manufacturer with a
value not greater than the original sales price to the
retail licensee of the returned beer.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/11/12)
California Beer & Beverage Distributors (source)
ARGUMENTS IN SUPPORT : According to the author's office,
this bill is simply intended to allow a retailer to return
beer that has been recalled or declared to pose a health
and safety threat to the public by the manufacturer,
importer, or governmental entity, for a full exchange,
refund or credit memorandum.
DLW:do 4/11/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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