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AB-1207 Powdered alcohol.(2017-2018)

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Date Published: 05/30/2018 09:00 PM
AB1207:v96#DOCUMENT

Amended  IN  Senate  May 30, 2018
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1207


Introduced by Assembly Member Brough

February 17, 2017


An act to add and repeal Section 114821 of the Health and Safety Code, relating to hazardous material. amend Sections 23003.1, 23794, 24200.7, 25623, and 25623.5 of, and to add Section 23003.2 to, the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1207, as amended, Brough. Radioactive material: transportation. Powdered alcohol.
The Alcoholic Beverage Control Act regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses, and is administered by the Department of Alcoholic Beverage Control. The act prohibits the department from issuing a license authorizing the manufacture, distribution, or retail sale of powdered alcohol, and defines powdered alcohol for these purposes. The act requires the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided, and prohibits the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol, the violation of which is punishable as an infraction.
This bill would define “crystalline ethanol product” and except it from the definition of powdered alcohol. The bill would except from the prohibitions, requirements, and penalties described above, the possession of powdered alcohol if it is exclusively for manufacturing, research, or development purposes, is not for retail sale in this state, and other specified conditions are met.

Existing law requires the State Department of Public Health to adopt reasonable regulations that, in its judgment, promote the safe transportation of radioactive materials. Existing law requires the Department of the California Highway Patrol to adopt regulations specifying the time at which shipments may occur and the routes that are to be used in the transportation of cargoes of hazardous radioactive materials.

This bill would require the California Nuclear Transport Working Group to conduct a study by January 1, 2019, to assess the efficacy of those regulations in minimizing the risks to public health and safety resulting from the transportation of hazardous radioactive materials.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 23003.1 of the Business and Professions Code, as added by Section 1 of Chapter 742 of the Statutes of 2016, is amended to read:

23003.1.
 “Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. “Powdered alcohol” does not include “vaporized alcohol,” as defined in Section 25621. 25621, or “crystalline ethanol product,” as defined Section 23003.2.

SEC. 2.

 Section 23003.1 of the Business and Professions Code, as added by Section 1 of Chapter 778 of the Statutes of 2016, is amended to read:

23003.1.
 “Powdered alcohol” means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. “Powdered alcohol” does not include “vaporized alcohol,” as defined in Section 25621. 25621, or “crystalline ethanol product,” as defined Section 23003.2.

SEC. 3.

 Section 23303.2 is added to the Business and Professions Code, to read:

23303.2.
 “Crystalline ethanol product” means ethanol sold in a crystalline form that is an ingredient of a product that cannot be reasonably altered to a loose powered alcohol form and, if combined or mixed with water or any other liquid, is not considered an alcoholic beverage.

SEC. 4.

 Section 23794 of the Business and Professions Code is amended to read:

23794.
 A (a) Except as provided in subdivision (b), a license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.
(b) It is not cause for denying issuance of a license if the powdered alcohol is possessed exclusively for manufacturing, research, or development purposes and is not for retail sale in this state and either of the following is true:
(1) The sale, offering for sale, or delivery, of powdered alcohol is to a bona fide manufacturer or public or private research institution.
(2) The possession of powdered alcohol is by a bona fide manufacturer or a public or private research institution.

SEC. 5.

 Section 24200.7 of the Business and Professions Code is amended to read:

24200.7.
 The (a) Except as provided in subdivision (b), the department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
(b) It is not cause for suspension or revocation of a license if the powdered alcohol is possessed exclusively for manufacturing, research, or development purposes and is not for retail sale in this state and either of the following is true:
(1) The sale, offering for sale, or delivery, of powdered alcohol is to a bona fide manufacturer or public or private research institution.
(2) The possession of powdered alcohol is by a bona fide manufacturer or a public or private research institution.

SEC. 6.

 Section 25623 of the Business and Professions Code is amended to read:

25623.
 (a) A Except as provided in subdivision (c), a person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b) Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500).
(c) A person acting in accordance with subdivision (b) of Section 23794, or subdivision (b) of Section 24200.7, as may be applicable, does not violate this section.

SEC. 7.

 Section 25623.5 of the Business and Professions Code is amended to read:

25623.5.
 (a) A Except as provided in subdivision (c), a person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b) Any person who purchases, possesses, or uses powdered alcohol is guilty of an infraction and subject to a fine of one hundred twenty-five dollars ($125).
(c) A person acting in accordance with subdivision (b) of Section 23794, or subdivision (b) of Section 24200.7, as may be applicable, does not violate this section.

SECTION 1.Section 114821 is added to the Health and Safety Code, to read:
114821.

(a)The California Nuclear Transport Working Group shall conduct a study by January 1, 2019, to assess the efficacy of the regulations adopted pursuant to Section 114820 in minimizing the risks to public health and safety resulting from the transportation of hazardous radioactive materials.

(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.