AB 2571, as introduced, Mansoor. Alcoholic beverages: personal use.
The Alcoholic Beverage Control Act requires, among other things, a license or permit to manufacture beer or wine, except that no license or permit is required for the manufacture of beer or wine for personal or family use, as specified.
This bill would make a nonsubstantive change to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 23356.2 of the Business and Professions
2Code is amended to read:
(a) No license or permit shall be required for the
4manufacture of beer or wine for personal or family use, and not
5for sale, by a person over 21 years of age. The aggregate amount
6of beer or wine with respect to any household shall not exceed (1)
7200 gallons per calendar year if there are two or more adults in
8the household or (2) 100 gallons per calendar year if there is only
9one adult in the household.
P2 1(b) Beer or wine produced pursuant to this section may be
2removed from the premises where made only under any of the
3following circumstances:
4(1) For use, including tasting by judges, in a bona fide
5competition or exhibition.
6(2) For personal or family use.
7(3) When donated to a nonprofit organization for use as provided
8in subdivision (c).
9(c) (1) Beer or wine produced pursuant to this section may be
10donated to a nonprofit organization for sale at fundraising events
11conducted solely by and for the benefit of the nonprofit
12organization. Beer and wine donated pursuant to this subdivision
13may be sold by the nonprofit organization only for consumption
14on the premises of the fundraising event, under a license issued
15by the department to the nonprofit organization pursuant to this
16division.
17(2) Beer or wine donated and sold pursuant to this subdivision
18shall bear a label identifying its producer and stating that the beer
19or wine is homemade and not available for sale or for consumption
20off the licensed premises. The beer or wine
is not required to
21comply with other labeling requirements under this division.
22However, nothing in this paragraph authorizes the use of any false
23or misleading information on a beer or wine label.
24(3) A nonprofit organization established for the purpose of
25promoting home production of beer or wine, or whose membership
26is composed primarily of home brewers or home winemakers, shall
27not be eligible to sell beer or wine pursuant to this subdivision.
28(d) Except as provided in subdivision (c), this section does not
29authorize the sale or offering for sale by any person ofbegin delete anyend delete beer
30or wine produced pursuant to this section.
31(e) Except as provided herein, nothing in this section authorizes
32any activity in violation of Section 23300, 23355,
or 23399.1.
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