BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1040|
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CONSENT
Bill No: SB 1040
Author: Evans (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 9-0, 4/8/14
AYES: Correa, Berryhill, Cannella, De Le�n, Galgiani, Lieu,
Padilla, Torres, Vidak
NO VOTE RECORDED: Hernandez, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Alcoholic beverages: wine labeling
SOURCE : Author
DIGEST : This bill updates an existing provision of the
Alcoholic Beverage Control (ABC) Act relative to false
representations of a wines appellation made on the producers
label, business material, and advertising matter to also include
representations made on "bottles" and in an "electronic" format.
ANALYSIS :
Existing law:
1. Makes it unlawful to make any representation that dry wine
produced entirely from grapes grown in specified counties
(Sonoma, Napa, Mendocino, Lake, Santa Clara, Santa Cruz,
Alameda, San Benito, Solano, San Luis Obispo, Contra Costa,
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Monterey, and Marin) to be labeled with the words "California
central coast counties dry wine" unless the representation is
true. These provisions apply to representations made on
labels, advertising matter, letterheads, invoices, tags,
signs, business cards, and all other representations of any
kind whether oral, written, or printed. The ABC Act makes a
violation of these provisions a misdemeanor.
2. Requires that, when the word "Napa" (or any federally
recognized viticultural region within Napa County) appears on
a brand label, at least 75% of the grapes used to make that
wine must be from Napa County.
3. Requires wines produced within the "Napa Valley" to be
labeled as being derived from that valley, if the wine label
indicates that they are produced within a separate
viticultural area within the Napa Valley, in order to
preserve consumer identification and understanding.
4. Requires any wine bottled on or after January 1, 2014,
labeled with an American Viticultural Area established
pursuant to federal law, that is located entirely within
Sonoma County, to bear the designation "Sonoma County" on the
label in specified type size as determined by the size of the
wine container, as prescribed.
5. Prohibits the sale of wine produced, bottled, or labeled
after December 31, 2008, in this state that identifies, in a
brand name or otherwise, on any label, packaging material, or
advertising, the name "Sonoma," unless at least 75% of the
grapes used to make the wine are from Sonoma County, as
specified.
6. Requires all wines produced or bottled within the current
Paso Robles appellation to be labeled with the designation
"Paso Robles."
7. Requires all wines produced or bottled within the current
Lodi appellation to be labeled with the designation "Lodi."
8. Stipulates that every person who, with intent to defraud,
either falsely makes, alters, forges, or counterfeits the
label for any wine or uses the label or bottle of any wine
belonging to another, without his/her consent, is guilty of a
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misdemeanor.
This bill updates an existing provision of the ABC Act relative
to false representations of a wine's appellation made on the
producer's label, business material, and advertising matter to
also include representations made on "bottles" and in an
"electronic" format.
Comments
According to the author's office, the proposed change is needed
because the code section that established the unlawfulness of
falsely representing the origins of a wine's grapes is outdated
and has not been updated since the 1950s. The author's office
points out marketing techniques have evolved and the existing
code should reflect current market practices. This bill simply
includes representations made directly on "bottles" or in an
"electronic" format (e.g. e-mail or Internet Web sites).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
MW:k 4/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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