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AB-1054 Powdered alcohol.(2017-2018)



Current Version: 02/16/17 - Introduced

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AB1054:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1054

Introduced by Assembly Member Brough

February 16, 2017

An act to amend Sections 24200.7, 25623, and 25623.5 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1054, as introduced, Brough. Powdered alcohol.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That 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 exempt from the above-described provisions the use of powdered alcohol as an ingredient in nonpowdered products and the production, sale, or offering for sale or delivery, receipt, or purchasing for resale powdered alcohol for use as an ingredient in nonpowdered products.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

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

24200.7.
 (a) 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) This section does not apply to both of the following:
(1) The use of powdered alcohol as an ingredient in nonpowdered products.
(2) The production, sale, or offering for sale or delivery, receipt, or purchasing for resale powdered alcohol for use as an ingredient in nonpowdered products.

SEC. 2.

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

25623.
 (a) 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) This section does not apply to both of the following:
(1) The use of powdered alcohol as an ingredient in nonpowdered products.
(2) The production, sale, or offering for sale or delivery, receipt, or purchasing for resale powdered alcohol for use as an ingredient in nonpowdered products.

SEC. 3.

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

25623.5.
 (a) 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) This section does not apply to both of the following:
(1) The use of powdered alcohol as an ingredient in nonpowdered products.
(2) The production, sale, or offering for sale or delivery, receipt, or purchasing for resale powdered alcohol for use as an ingredient in nonpowdered products.