AB 2609, as introduced, Nestande. Home brewers and home winemakers.
Existing law authorizes a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer from the premises where made under specified circumstances and requires beer or wine donated to a nonprofit organization to be labeled with designated information, as provided.
This bill would make a technical, 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)
P2 1begin delete 200 gallons per calendar year if there are two or more adults in begin insert 100 gallons per calendar year if there
2the household or (2) 100 gallons per calendar year if there is only
3one adult in the householdend delete
4is only one adult in the household or (2)end insertbegin insert 200 gallons per calendar
5year if there are two or more adults in the householdend insert.
6(b) Beer or wine produced pursuant to this section may be
7removed from the premises where made only under any of the
8following circumstances:
9(1) For use, including tasting by judges, in a bona fide
10competition or exhibition.
11(2) For personal or family use.
12(3) When donated to a nonprofit organization for use as provided
13in subdivision (c).
14(c) (1) Beer or wine produced pursuant to this section may be
15donated to a nonprofit organization for sale at fundraising events
16conducted solely by and for the benefit of the nonprofit
17organization. Beer and wine donated pursuant to this subdivision
18may be sold by the nonprofit organization only for consumption
19on the premises of the fundraising event, under a license issued
20by the department to the nonprofit organization pursuant to this
21division.
22(2) Beer or wine donated and sold
pursuant to this subdivision
23shall bear a label identifying its producer and stating that the beer
24or wine is homemade and not available for sale or for consumption
25off the licensed premises. The beer or wine is not required to
26comply with other labeling requirements under this division.
27However, nothing in this paragraph authorizes the use of any false
28or misleading information on a beer or wine label.
29(3) A nonprofit organization established for the purpose of
30promoting home production of beer or wine, or whose membership
31is composed primarily of home brewers or home winemakers, shall
32not be eligible to sell beer or wine pursuant to this subdivision.
33(d) Except as provided in subdivision (c), this section does not
34authorize the sale or offering for sale by any person of any beer
35or wine produced pursuant to this section.
36(e) Except as provided herein, nothing in this section authorizes
37any activity in violation of Section
23300, 23355, or 23399.1.
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