BILL NUMBER: AB 893	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2015
	AMENDED IN SENATE  MAY 28, 2015

INTRODUCED BY   Assembly Member Mark Stone
   (Coauthors: Assembly Members Levine, Maienschein, and McCarty)

                        FEBRUARY 26, 2015

   An act  to add Section 25203.5 to   to add
Section 25201 to, to repeal Section 25204 of, and to repeal and add
Section 25200 of,  the Business and Professions Code, relating
to alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 893, as amended, Mark Stone. Beer: labels.
   The Alcoholic Beverage Control Act imposes various requirements
relating to the labels and containers of alcoholic beverages sold
within the state, including a requirement that every manufacturer or
bottler of beer whose beer is sold within the state file with the
Department of Alcoholic Beverage Control the brand name or names
under which the beer is sold or labeled, as provided. The act
provides that a violation of its provisions is a misdemeanor if not
otherwise specified. 
   This bill would prohibit beer from being imported into, or sold
within, this state unless the label for that beer is first filed with
the department, in accordance with any rules and regulations of the
department, and would provide that a violation of this provision does
not subject the licensee to civil or criminal provisions pursuant to
the act.  
   This bill would require a manufacturer, before the first sale of
beer in this state, to register the product with the department, as
specified, and would make the manufacturer responsible for compliance
with labeling and registration requirements. The bill, if beer is
sold or offered for sale in this state without first complying with
these provisions or other provisions of the act, would authorize the
department to take action it deems reasonable and necessary
including, but not limited to, ordering that the beer not be sold, or
allowing it to be sold for a reasonable time, until these
requirements are met.  
   This bill, by expanding the scope of an existing crime, would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25200 of the  
Business and Professions Code  is repealed.  
   25200.  (a) All beer sold in this state shall have a label affixed
to the package or container thereof, containing the brand and type
of beer, upon which shall appear the true and correct name and
address of the manufacturer of the beer, and also the true and
correct name of the bottler of the beer if other than the
manufacturer.
   (b) A manufacturer, importer, or wholesaler of beer shall not use
a container or carton as a package or container of a beer other than
the beer as is manufactured by the manufacturer whose name or brand
of beer appears upon the container or carton, or use as a package or
container of a beer a container or carton which bears the name of a
manufacturer of beer or the brand of any beer other than those of the
manufacturer of the beer contained in the container or carton.
   (c) A beer manufacturer that refills any container supplied by a
consumer shall affix a label that complies with this section on the
container prior to its resale to the consumer. Any information
concerning any beer previously packaged in the container, including,
but not limited to, information regarding the manufacturer and
bottler of the beer, or any associated brands or trademarks, shall be
removed or completely obscured in a manner not readily removable by
the consumer prior to the resale of the container to the consumer.
This subdivision does not authorize a beer manufacturer to refill a
container supplied by a consumer with a capacity of five liquid
gallons or more. 
   SEC. 2.    Section 25200 is added to the  
Business and Professions Code   , to read:  
   25200.  (a) A package or sealed container of beer shall not be
sold in this state without having a label affixed to such package or
container. The label shall meet the requirements of federal malt
beverage labeling regulations contained in Parts 7 and 16 of Title 27
of the Code of Federal Regulations, regardless of whether the label
is subject to approval by the federal Alcohol and Tobacco Tax and
Trade Bureau or any successor agency.
   (b) In addition to label requirements pursuant to subdivision (a),
if not already included, the following information shall appear on
the label:
   (1) The brand, and class or type, of beer.
   (2) The true and correct name and address of the manufacturer of
the beer. For purposes of this provision, if multiple beer
manufacturers are involved in the production of the beer pursuant to
a joint venture or other collaborative arrangement, each of those
manufacturers may be identified on the label.
   (3) The true and correct name of the bottler of the beer, if other
than the manufacturer.
   (4) A statement of alcoholic content if the beer contains more
than 5.7 percent alcohol by volume.
   (c) Prior to the first sale of beer in this state, the
manufacturer of that beer shall register the product with the
department. The registration shall include the following:
   (1) The true name and address of the actual manufacturer of the
beer.
   (2) Any fictitious business name of the manufacturer under which
the beer is manufactured.
   (3) The class or type of beer and all brand names under which the
beer is to be sold in this state.
   (4) If manufactured under contract for another beer manufacturer
or other person, the true name of such other beer manufacturer or
person.
   (5) If manufactured pursuant to a joint venture or other
collaborative arrangement, the name and address of all manufacturers
involved in the joint venture or other collaborative arrangement.
   (d) The manufacturer of the beer shall be responsible for
compliance with the requirements of this section. In the case of beer
manufactured pursuant to a joint venture or other collaborative
arrangement, only the actual manufacturer of the beer need comply.
   (e) If beer is sold or offered for sale in this state without
first complying with the provisions of this section, or violates any
other provision of this division, the department may take such action
as it deems reasonable and necessary, including, but not limited to,
ordering that the beer no longer be sold or offered for sale until
such time as the requirements of this section are complied with.
Nothing in this section shall be deemed to prohibit the department
from permitting beer that is sold or offered for sale in this state
that does not comply with the requirements of this section to
continue to be sold or offered for sale for a reasonable period of
time to allow the manufacturer to meet the requirements of this
section. 
   SEC. 3.    Section 25201 is added to the  
Business and Professions Code   , to read:  
   25201.  (a) A manufacturer, importer, or wholesaler of beer shall
not use a container or carton as a package or container of a beer
other than the beer as is manufactured by the manufacturer whose name
or brand of beer appears upon the container or carton, or use as a
package or container of a beer a container or carton which bears the
name of a manufacturer of beer or the brand of any beer other than
those of the manufacturer of the beer contained in the container or
carton.
   (b) A beer manufacturer that refills any container supplied by a
consumer shall affix a label that complies with this section on the
container prior to its resale to the consumer. Any information
concerning any beer previously packaged in the container, including,
but not limited to, information regarding the manufacturer and
bottler of the beer, or any associated brands or trademarks, shall be
removed or completely obscured in a manner not readily removable by
the consumer prior to the resale of the container to the consumer.
This subdivision does not authorize a beer manufacturer to refill a
container supplied by a consumer with a capacity of five liquid
gallons or more. 
   SEC. 4.    Section 25204 of the   Business
and Professions Code   is repealed.  
   25204.  (a) Any beer container sold within this state shall bear a
label that conforms with the alcohol content labeling requirements
prescribed in Section 7.71 of Part 7 of Title 27 of the Code of
Federal Regulations, as adopted pursuant to the Federal Alcohol
Administration Act (27 U.S.C. Sec. 201 et seq.).
   (b) Any beer container sold within this state that contains more
than 5.7 percent alcohol by volume shall include a statement of
alcoholic content.
   (c) This section shall become operative on July 1, 1997. 

   SEC. 5.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 25203.5 is added to the
Business and Professions Code, to read:
   25203.5.  (a) Beer shall not be imported into, or sold within,
this state unless the label for that beer is first filed with the
department, in accordance with any rules and regulations of the
department.
   (b) The department may accept the filing of labels by any means it
determines are appropriate, including filing by mail or electronic
filing. To ensure consistency in the filings, the department may
promulgate guidelines by rules and regulations establishing the label
information it deems necessary. The adoption of these rules and
regulations shall not be subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   (c) The department may elect to waive all or part of any fees paid
or incurred by licensees in filing labels as required pursuant to
this part.
   (d) A violation of this section shall not subject the licensee to
any civil or criminal penalties pursuant to this division.