Notice of Second Modification to Text of Proposed Regulations

Pursuant to the requirements of Government Code section 11346.8(c), and section 44 of Title 1 of the California Code of Regulations, the Department of Alcoholic Beverage Control is providing notice of changes that have been made to the text of the proposed addition of Title 4 of the California Code of Regulations Title 4 sections 105-105.2.

The proposal to update California Code of Regulations Title 4 sections 105-105.2 was originally noticed to the public on October 28, 2022. The proposed regulation had a 45-day comment period that ended at 5:00 pm on December 13, 2022. A public hearing was also held on December 13, 2022. Modifications to the proposed regulations were noticed to the public on January 31, 2023. The 15-day comment period for the modifications to the originally proposed regulations ended at 12:00 pm on February 16, 2023. Based on comments received during the comment period for the modifications, the Department of Alcoholic Beverage Control has made the following changes to the proposed regulations:

1. Alphabetizing common terms and adding the term “importer”.
2. Clarifying that wholesalers retain discretion in choosing to participate in a price promotion program offered by a manufacturer or importer.
3. Clarifying that a notice to wholesalers in effected areas of a price promotion must still be provided in addition to indicating a promotion within the beer price posting system.
4. Clarify the area in which a wholesaler that participates in a manufacturer’s or importer’s price promotion shall adjust its posted pricing to retailers.
5. Clarifies that a failure to comply with requirements of beer price posting as stated in the section is a violation of the section.

The necessity of each of these changes will be explained in the Final Statement of Reasons to be submitted at the close of this rulemaking record and the Response to Comments attached.

A copy of the full text of the regulation with the proposed changes indicated is attached for your review. Modifications to the previously proposed language appear in bold underline italics and deletions in strikethrough italics.

Any interested person may submit a written statement relating to the modified language during the 15-day public comment period from March 28, 2023 to April 12, 2023. The written comment period will close at 12:00 p.m. on April 12, 2023. Submit written comments to:

The Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

Attention: Law and Policy Unit

Comments may also be submitted by email to rpu@abc.ca.gov.

All written comments received by the Department of Alcoholic Beverage Control by 12:00 pm on April 12, 2023, which pertain to the indicated changes, will be reviewed and responded to by the Department’s staff as part of the compilation of the rulemaking file. Please limit your comments to the proposed modifications to the text which will appear in bold underline italics or in strikethrough italics.

Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419-8958, or (designated backup contact) Sarah Easter, Associate Governmental Program Analyst, Law and Policy Unit, (916) 823-1310 or via email at rpu@abc.ca.gov.