Assembly Bill 346 (Beall)CURRENT BILL STATUS April 27, 2007
MEASURE : A.B. No. 346
AUTHOR(S) : Beall and Saldana.
TOPIC : Alcoholic beverages: labels.
HOUSE LOCATION : ASM
+LAST AMENDED DATE : 04/18/2007
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 04/26/2007
LAST HIST. ACTION : Joint Rule 62(a), file notice waived.
COMM. LOCATION : ASM GOVERNMENTAL ORGANIZATION
COMM. ACTION DATE : 04/25/2007
COMM. ACTION : Hearing postponed by committee.
TITLE : An act to add Section 25205 to the Business and
Professions Code, relating to alcoholic beverages.
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Bill Analysis
Purpose of the bill . According to the author. many alcoholic
beverages currently available in California are packaged and
labeled in a manner that is similar to packaging and labels used
for nonalcoholic beverages and products like energy drinks,
colas, sodas, fruit drinks and gelatins.
This packaging and labeling practice has the potential for
confusing underage youth, parents, teachers, law enforcement
personnel, retail employers that sell alcoholic beverages, and
other
members of the public regarding the alcoholic content of these
beverages.
The author further states, "ensuring that underage youth,
parents, teachers, law enforcement personnel, retail employees
that sell alcoholic beverages, and other members of the public
are able to readily discern the fact that a particular product
contains alcohol and the amount of alcohol the beverage contains
is a high priority for California. California currently
regulates information, including information regarding the
contents of the container, located on containers of alcoholic
beverages sold within the state."
The purpose of this bill is to provide additional consumer
information regarding the alcohol content on the container of
specified alcoholic beverages as a means to reduce potential
consumer confusion and is not intended to provide health
information or a warning.
In support . Supporters note this bill would require appropriate
disclosure and helpful behavior in the marketing of new
soda-like and energy drinks containing alcohol.
Supporters further state, product labeling and packaging in some
cases make it nearly impossible to determine whether FMBs
contain alcohol and, if they do, their alcohol content.
Supporters believe this bill attempts to address the serious
issues surrounding the targeting of youth, most especially young
women, for the purchase and consumption of "Alcopops" in
California.
Supporters note respected research and studies show elements of
the alcohol industry have begun to market, advertise, package,
distribute, place, and sale troubling alcoholic beverages with
strong appeal to youth.
In opposition . The California Small Brewers Association states,
"the standards which would trigger the excessive labeling
requirements under this bill are too subjective. Small brewers
produce craft beers to be enjoyed by adults. CSBA does not
condone or promote advertising that appeals to drinkers under
the age of twenty-one. Products produced by CSBA members,
however, could potentially be brought into consideration of the
regulatory authority provided by this bill. This is despite the
fact that they are packaged in traditional glass bottles and
containers. Often times, craft brewers include creative and
artistic rendering on their labels that could be subjectively
considered as cartoons, etc. In addition, some of our members
market soft drinks in dark colored glass that resemble beer
bottles. Would this trigger attention by the regulation?"
Anheuser-Busch Companies, Inc. writes "Alcohol beverage
manufacturers would be required to place a "new" label on these
products stating they contain alcohol. This requirement is
duplicative of federal and state laws. Today, labels on alcohol
beverages sold in California must state the percentage of
alcohol by volume; and have a Prop. 65 Warning that spells out
the following information: 1) pregnant women should not drink
alcoholic beverages during pregnancy because of the risk of
birth defects, 2) consumption of alcoholic beverages impairs
ones ability to drive a car or operate machinery, and 3) may
cause health problems. Beer products are also required to
provide recycling information. Adding another "California-only"
labeling requirement is costly, and does not address the
fundamental issue of how minors are getting access to alcohol
beverages."
Related legislation .
AB 345 (Saldana) of 2007, provides that, for calendar years
beginning on or after January 1, 2008, the State Board of
Equalization (BOE) shall calculate the total amount of all
surtaxes, interest, and penalties that would be collected as a
result of a reclassification of any alcoholic beverage from beer
to a distilled spirit, specified. (Assembly G.O. Committee)
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Board of Supervisors
American Medical Association
California Catholic Conference
California Council on Alcohol Problems
California State PTA
Council of Churches Santa Clara County
County Alcohol and Drug Program Administrators Association of
California (CADPAAC)
Girl Scout Councils of California
Los Angeles County Office of Education
Lutheran Office of Public Policy
Santa Clara County Board of Supervisors
Stanislaus County Children's Council
Opposition
7-Eleven Stores Inc.
Allied Beverages, Inc.
American GI Forum of California
Anheuser-Busch Companies, Inc.
Asian Business Coalition
Black Business Association
California Beer and Beverage Distributors (CBBD)
California Beverage Merchants
California Black Chamber of Commerce
California Grocers Association
California Retailers Association
California Service Station and Automotive Repair Association
Coors Brewing Company.
Diageo North America, Inc.
Distilled Spirits Council of the United States
Family Winemakers of California
Miller Brewing Company
Neighborhood Market Association
Numerous letters from employees of Harbor Distributing
Numerous letters from employees of Mesa Distributing Company
The California Small Brewers Association
The Regional Hispanic Chamber of Commerce
Wine Institute
Read Full Bill Analysis
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