Regulation 130 Statement of Reasons

Statement of Reasons Pursuant to Title 1, California Code of Regulations, Section 100 For

Title 4. Business Regulations
Division 1. Department of Alcoholic Beverage Control
Article 19. Malt Beverage Regulations
Section 130. Beer Labeling Requirements

The Department of Alcoholic Beverage Control (ABC) proposes amending Section 130 to delete specific regulatory provisions for which all statutory authority has been repealed. As of January 1, 2016, given the repeal of Business and Professions Code Section 25204, this change will not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element because the statutory authority for the regulation will be void.

Specifically, the Department of Alcoholic Beverage Control (ABC) proposes to amend Section 130 of Title 4 by:

1. Deleting section (c), subsections (1) and (2), and section (e) to conform to Business and Professions Code Section 25200 repealed and added by AB 893 (Stone), Chapter 410, Statutes of 2015, effective January 1, 2016 (see Attachment A).

   Business and Professions Code Section 25200 supersedes this language of Rule 130 by specifying that:

    

   “Prior to the first sale of a brand of beer in this state, the manufacturer of that beer shall register the brand with the department. Upon the filing of the registration with the department, the brand may be sold in this state without further action by the department.”

2. Renaming section (d) to section (c).
3. Removing Section 25204 from the Reference because Section 25204 was repealed by AB 893 (Stone), Chapter 410, Statutes of 2015 (see Attachment A).

This change was not on the rulemaking calendar for 2016 because AB 893 (see Attachment A) had not been enacted when the calendar was submitted.

Having this amendment effective January 1, 2016, will coincide with the effective date of the statute necessitating this change.