Notice of Proposed Rulemaking

Public Hearing

ABC has not scheduled a public hearing on this proposed action. However, the ABC will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period.

Written Comment Period

Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory amendments to ABC. Comments may also be submitted by email to [email protected]. Please include “RBS Regulation Amendments” in the subject line of your email. The comment period begins June 13, 2025, and closes at 12 p.m. on July 29, 2025. ABC will only consider comments received at ABC Headquarters by that time. Submit written comments to:

Law and Policy Unit – RBS Regulation Amendments
Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

Authority and Reference

Business and Professions Code Section 25681 and 25685 authorizes ABC to adopt these proposed regulations. The proposed regulations implement, interpret, and make specific sections 25680-25686 of the Business and Professions Code.

Informative Digest/Policy Statement Overview

Summary of Existing Laws and Regulations

The Legislature adopted Subsection (f) (AB 2402) to CA Business and Professions Code Section § 25681 which requires the Department of Alcoholic Beverage Control (ABC) to develop, implement, and administer a curriculum addressing drink spiking to go into effect on or before January 1, 2027. This addendum adds to the current Responsible Beverage Service Training Program (RBS) which was adopted in 2017. RBS authorized ABC to develop, implement, and administer a curriculum for a statewide RBS Program and granted ABC general authority to adopt rules necessary for the administration of program. [1]

AB 2402 was passed by the Legislature on August 27, 2024, and signed by Governor Newsom on September 28, 2024. The Legislature has addressed the issue of drink spiking before, including AB 1013 and AB 2375. However, AB 2402 is the first bill to require alcohol servers to be trained on preventing and mitigating the effects of drink spiking.

The proposed regulation is presented to establish a baseline of topics for a training provider to expound upon in an RBS course regarding preventing and mitigating the effects of drink spiking.

Summary of Effect

The proposed regulation will add to California Business and Professions Code, Title 4, Article 25 in adding § 165.1-165.2, creating curriculum to be expounded upon by training providers and taught to alcohol servers in preventing drink spiking and protocol to follow if a person believes they have, or someone they know has, become the victim of drink spiking. The proposed regulation will ensure that training providers and alcohol servers in California have a better understanding of the requirements to meet the standards of responsible beverage service training to curb the harms to the California community caused by drink spiking.

Comparable Federal Statute or Regulations

ABC has determined that this proposed regulation does not have a comparable federal statute or regulation.

Policy Statement Overview

This regulation is necessary to establish a minimum baseline of topics to be expounded upon by a training provider for the prevention of drink spiking to comply with AB 2402.

Benefits Anticipated

In creating curriculum aimed at preventing drink spiking, the proposed regulation will ensure alcoholic beverage servers are aware of the danger of drink spiking and the signs and symptoms to watch for. By enabling the alcohol serving community to be vigilant of these problems, the risk of drink spiking can be reduced for a safer California. The proposed regulation will ensure the continued viability and success of the RBS Training program and will be ready well before its required implementation date of January 1, 2027.

Determination of Inconsistency/Incompatibility with Existing State Regulations

ABC has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations. The proposed regulation will establish a minimum baseline of topics that address the prevention and mitigation of drink spiking to be taught by an accredited training provider as part of the broader RBS training program, thus creating standards for training provider and alcohol server requirements.

Effect upon Small Businesses in California

Although training providers may be small business owners, this proposed regulation will have limited effect on them except for the costs of changing and modifying their programs. There will be no fees associated with the ABC review and submission of these changes because they are statutorily mandated changes pursuant to Title 4 California Code of Regulations168.3 (h). The cost per training provider should not be so great as to have a large effect upon small businesses in California, even if the training providers happen to be small businesses.

Disclosures Regarding the Proposed Regulatory Action

The ABC has made the following initial determinations:

1. Mandate on local agencies or school districts: None.
2. Costs or Savings to any state agency: None.
3. Cost to any local agency or school district that is required to be reimbursed by the state: None.
4. Other nondiscretionary cost or savings imposed on local agencies: None.
5. Cost or savings in federal funding to the state: None.
6. Cost impacts on housing costs: None.

Determination of Statewide Adverse Economic Impact Directly Affecting Business

ABC has made an initial determination that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

However, the proposed amendments do directly affect a small percentage of responsible beverage service training providers who will need to modify their training programs to include the required changes to curriculum. These training provider costs will vary depending on their process to resubmit their program to ABC, but all fees and costs for changes to existing training programs imposed by ABC are waived because these changes constitute a statutorily required change pursuant to Title 4 California Code of Regulations section 168.3 (h).

Results of the Economic Impact Assessment

ABC concludes that it is (1) unlikely that the proposal will eliminate any jobs, (2) unlikely that the proposal will create an unknown number of jobs, (3) unlikely that the proposal will create an unknown number of new businesses, (4) unlikely that the proposal will eliminate any existing businesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state.

The proposed regulation will benefit the health and welfare of California residents by ensuring alcohol servers are trained to watch for, prevent, and mitigate the harmful effects of drink spiking. By enabling the alcohol serving community to be vigilant of drink spiking problems, the risk of it can be reduced and remedied for a safer California. ABC has made the determination that the adoption of these regulations will have minimal economic impact on current and prospective training providers due to the addition of new curriculum to their already existing programs. None of these amendments or additions add or remove costs of the program not already accounted for in past regulatory actions on the RBSTPA.

The proposed regulations will not affect worker safety because it does not address specific safety concerns for the workers, and so it will not improve worker safety. The proposed regulation will not affect the environment because the changes focus on preventing harmful effects of drink spiking.

Description of All Economic Impacts that a Representative Private Person or Business Would Necessarily Incur in Reasonable Compliance with the Proposed Action

ABC approved responsible beverage service training providers who choose to change their current training program will not incur any cost for fees paid to ABC because this is a mandated change. The only costs that they may incur will be for the man-hours spent to make the changes to their program. However, if the training providers choose not to add the mandated information, they will be removed from participating in the Responsible Beverage Service Training Program as they will no longer meet the mandated curriculum requirements determined by the Legislature.

ABC is not aware of any cost impacts that a representative, private person, or business, would necessarily incur in reasonable compliance with the proposed actions.

The Need to Require Report from Businesses

The proposed regulation does not require any reports from ABC licensees or any other business.

Consideration of Alternatives

ABC must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

ABC invites interested persons to present statements or arguments with respect to alternatives to the proposed amended regulations during the written comment period.

Agency Contact Person

Inquiries concerning the proposed regulatory action prior to the open comment period may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419-8958, or Sarah Easter, Associate Governmental Program Analyst, (916) 928-7627. During the comment period, comments or questions should be addressed to [email protected].

Availability of Documents

The ABC prepared an Initial Statement of Reasons for the proposed action, which includes a summary of the economic impacts of the proposal.

Copies of the Initial Statement of Reasons and the full text of the proposed regulations may be accessed on ABC’s website listed below or may be obtained from the Law and Policy Unit- RBS Regulation Amendments, Department of Alcoholic Beverage Control, 3927 Lennane Drive, Suite 100, Sacramento, CA 95834, on or after June 13, 2025.

The ABC staff has compiled a record for this rulemaking action, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

Change to the Proposed Full Text of the Regulation Action

If there is any change to the proposed full text of the regulation action in a substantial, or sufficiently related way, it will be made available for comment for at least 15 days prior to the date on which the ABC adopts the resulting regulation.

Final Statement of Reasons Availability

Upon its completion, the Final Statement of Reasons will be available, and copies may be requested from the ABC contact persons in this notice or may be accessed on ABC’s website listed below.

Internet Access

This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, including the Final Statement of Reasons, when completed, are available on ABC’s website for this rulemaking.

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Footnote

[1] Business and Profession Code § 25685(b)