2005 California Business and Professions Code Sections 25235-25241 Article 3. Wine

25235.  It is unlawful for any person to sell to any on- or off-sale
licensee or to deliver to the premises of any on- or off-sale
licensee, or for any on- or off-sale licensee to sell or to have upon
his or her licensed premises, wine packaged or bottled in any pocket
flask container of less than 750 milliliters, the face of which is
substantially rectangular and the minimum thickness of which is less
than two-thirds of its maximum width, the measurements to be made on
the cross-sectional axes, excluding the neck portion of the
container.  This section does not apply to the possession of wine in
such containers on the premises of a licensed wine grower or at the
branch office or warehouse or United States bonded storeroom of the
wine grower located away from his place of production or manufacture.
25236.  Only dry wine produced entirely from grapes grown within the
Counties of Sonoma, Napa, Mendocino, Lake, Santa Clara, Santa Cruz,
Alameda, San Benito, Solano, San Luis Obispo, Contra Costa, Monterey,
and Marin may be labeled with the words "California central coast
counties dry wine."  It is unlawful to label any other wine with a
label containing the words "California central coast counties dry
wine."
   The department may seize wine labeled in violation of this
section, regardless of where found and may dispose of the wine
pursuant to Section 25355.
25237.  It is unlawful to make any representation that a wine is
produced entirely from grapes grown in the counties mentioned in
Section 25236 unless the representation is true.  This section
applies to representations made on labels, advertising matter,
letterheads, invoices, tags, signs, business cards, and all other
representations of any kind whether oral, written, or printed.
25238.  Every wine grower or bottler of wine of any kind within the
counties specified in Section 25236 shall keep a record of all wine
not produced by him and obtained and used by him for any purpose.
The record shall show the date the wine is obtained, the amount
thereof, the source from which obtained, the kind or type of wine,
and, in detail, the purpose or purposes for which it is used.  Each
wine grower or bottler of wine shall keep a complete record showing
the total amount of wine produced by him, or bottled by him, made
entirely from grapes grown within the counties mentioned in Section
25236.
25239.  Every person who, with intent to defraud, either falsely
makes, alters, forges, or counterfeits the label for any wine or uses
the label or bottle of any wine belonging to another, without his or
her consent, is guilty of a misdemeanor.  The department may seize
wine labeled in violation of this section, regardless of where found
and may dispose of the wine pursuant to Section 25355.
25240.  Any wine labeled with a viticultural area appellation of
origin established pursuant to Part 9 (commencing with Section 9.1)
of Title 27 of the Code of Federal Regulations, other than the
viticultural area "Napa Valley," and which is located entirely within
a county of the 29th class, shall bear the designation "Napa Valley"
on the label in direct conjunction therewith in a type size not
smaller than 1mm less than that of the viticultural area designation
provided neither designation is smaller than 2mm on containers of
more than 187ml or smaller than 1mm on containers of 187ml or less.
This requirement shall apply to all wines bottled on or after January
1, 1990.
   The department may suspend or revoke the license of any person who
violates this section.
25241.  (a) (1) The Legislature finds and declares that for more
than a century, Napa Valley and Napa County have been widely
recognized for producing grapes and wine of the highest quality.
Both consumers and the wine industry understand the name Napa County
and the viticultural area appellations of origin contained within
Napa County (collectively "Napa appellations") as denoting that the
wine was created with the distinctive grapes grown in Napa County.
   (2) The Legislature finds, however, that certain producers are
using Napa appellations on labels, on packaging materials, and in
advertising for wines that are not made from grapes grown in Napa
County, and that consumers are confused and deceived by these
practices.
   (3) The Legislature further finds that legislation is necessary to
eliminate these misleading practices.  It is the intent of the
Legislature to assure consumers that the wines produced or sold in
the state with brand names, packaging materials, or advertising
referring to Napa appellations in fact qualify for the Napa County
appellation of origin.
   (b) No wine produced, bottled, labeled, offered for sale or sold
in California shall use, in a brand name or otherwise, on any label,
packaging material, or advertising, any of the names of viticultural
significance listed in subdivision (c), unless that wine qualifies
under Section 4.25a of Title 27 of the Code of Federal Regulations
for the appellation of origin Napa County and includes on the label,
packaging material, and advertising that appellation or a
viticultural area appellation of origin that is located entirely
within Napa County, subject to compliance with Section 25240.
   Notwithstanding the above, this subdivision shall not grant any
labeling, packaging, or advertising rights that are prohibited under
federal law or regulations.
   (c) The following are names of viticultural significance for
purposes of this section:
   (1) Napa.
   (2) Any viticultural area appellation of origin established
pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the
Code of Federal Regulations that is located entirely within Napa
County.
   (3) Any similar name to those in paragraph (1) or (2) that is
likely to cause confusion as to the origin of the wine.
   (d) The appellation of origin required by this section shall meet
the legibility and size-of-type requirements set forth in either
Section 4.38 or Section 4.63 of Title 27 of the Code of Federal
Regulations, whichever is applicable.
   (e) Notwithstanding subdivision (b), any name of viticultural
significance may appear either as part of the address required by
Sections 4.35 and 4.62 of Title 27 of the Code of Federal
Regulations, if it is also the post office address of the bottling or
producing winery or of the permittee responsible for the
advertising, or as part of any factual, nonmisleading statement as to
the history or location of the winery.
   (f) The department may suspend or revoke the license of any person
who produces or bottles wine who violates this section.  Following
notice of violation to the person in possession of the wine and a
hearing to be held within 15 days thereafter, if requested by any
interested party within five days following the notice, the
department may seize wine labeled or packaged in violation of this
section regardless of where found, and may dispose of the wine upon
order of the department.  From the time of notice until the
departmental determination, the wine shall not be sold or
transferred.
   (g) This section applies only to wine which is produced, bottled,
or labeled after January 1, 2001.