2009 California Business and Professions Code - Section 25200-25206 :: Article 2. Beer

BUSINESS AND PROFESSIONS CODE
SECTION 25200-25206

25200.  All beer sold in this State shall have a label affixed to
the package or container thereof, 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. No manufacturer, importer, or wholesaler of
beer shall use a container or carton as a package or container of a
beer other than such 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.

25202.  Manufacturers' names, brand names, print, or markings first
placed on returnable beer containers or cartons made of wood or fiber
board shall not be obliterated, mutilated, or marked out without the
written consent of the manufacturer whose name, brand, or printed
markings is to be obliterated, mutilated, or marked out. This section
does not apply to wood or fiber board containers or cartons of a
beer manufacturer who has discontinued business and production and is
no longer a licensed beer manufacturer.

25203.  Every manufacturer or bottler of beer in this State or
elsewhere whose beer is sold within the State shall file with the
department the brand name or names under which he sells or labels his
draught beer sold in the State.

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.

25205.  (a) Any container of beer or alcoholic beverage, other than
sake, that is approved for labeling as a malt beverage under the
Federal Alcohol Administration Act (27 U.S.C. Sec. 201 et seq.), that
derives 0.5 percent or more of its alcoholic content by volume from
flavors or other ingredients containing distilled alcohol and that is
sold by a manufacturer or importer to a wholesaler or retailer
within this state on or after July 1, 2009, shall bear a distinctive,
conspicuous, and prominently displayed label, or firmly affixed
sticker, containing the following information:
   (1) The percentage alcohol content of the beverage by volume.
   (2) The phrase "CONTAINS ALCOHOL" in bold capitalized letters at
least three millimeters in height and that is distinguishable from
the background and placed conspicuously in either horizontal or
vertical lettering on the front of the brand label. A firmly affixed
sticker need not be placed on the brand label provided it is placed
on the front of the container.
   (b) The department may require licensees to submit information as
it determines to be necessary, and may adopt regulations as may be
required, to implement and enforce this section. The regulations
shall be for the limited purpose of ensuring compliance with this
section and shall not place additional requirements on the label or
sticker required by this section. Any information required to be
provided by any licensee to the department pursuant to this section
shall be considered confidential and corporate proprietary
information. This information shall not be subject to disclosure
under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
   (c) It is the exclusive purpose of this section to identify and
specially label products described in subdivision (a) and not to
classify these specially labeled products. Nothing in this section
shall be construed to permit the classification of any product in a
manner that is inconsistent with the definitions of beer, wine, and
distilled spirits set forth in Chapter 1 (commencing with Section
23000) of this division.

25206.  No retailer shall dispense any draught beer upon which the
proper tap sign or draught beer sign is not displayed or the
manufacturer or bottler of which has not complied with this article.
The department may seize any draught beer displayed to the public in
violation of this section and may dispose of the beer pursuant to
Section 25355.



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