Labels and ContainersBeer

Section § 25200

Explanation

In California, beer must have a label that meets federal standards before it can be sold. This label should include details like the brand, type, manufacturer's name and address, bottler's name if different, and alcohol content if above 5.7%. Manufacturers have to register their beer brand with the state before selling. Only the actual beer maker is responsible for following these rules. If these regulations aren't followed, the authorities can stop beer sales until compliance is met, although temporary sales might be allowed for the manufacturer to rectify issues.

(a)CA Business & Professions Code § 25200(a) A package or sealed container of beer shall not be sold in this state without having a label affixed to such package or container. The label shall meet the requirements of federal malt beverage labeling regulations contained in Parts 7 and 16 of Title 27 of the Code of Federal Regulations, regardless of whether the label is subject to approval by the federal Alcohol and Tobacco Tax and Trade Bureau or any successor agency.
(b)Copy CA Business & Professions Code § 25200(b)
(1)Copy CA Business & Professions Code § 25200(b)(1) In addition to label requirements pursuant to subdivision (a), if not already included, the following information shall appear on the label:
(A)CA Business & Professions Code § 25200(b)(1)(A) The brand, and class or type, of beer.
(B)CA Business & Professions Code § 25200(b)(1)(B) The true and correct name and address of the manufacturer of the beer. For purposes of this provision, if multiple beer manufacturers are involved in the production of the beer pursuant to a joint venture or other collaborative arrangement, each of those manufacturers may be identified on the label.
(C)CA Business & Professions Code § 25200(b)(1)(C) The true and correct name of the bottler of the beer, if other than the manufacturer.
(D)CA Business & Professions Code § 25200(b)(1)(D) A statement of alcoholic content if the beer contains more than 5.7 percent alcohol by volume.
(2)CA Business & Professions Code § 25200(b)(2) For purposes of this subdivision, the true and correct name of a manufacturer, bottler, or packager shall be deemed to include a fictitious business name for which the manufacturer, bottler, or packager has duly filed a fictitious business name statement pursuant to Section 17900.
(c)CA Business & Professions Code § 25200(c) 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. The registration shall include the following:
(1)CA Business & Professions Code § 25200(c)(1) The true name and address of the actual manufacturer of the beer.
(2)CA Business & Professions Code § 25200(c)(2) Any fictitious business name of the manufacturer under which the beer is manufactured.
(3)CA Business & Professions Code § 25200(c)(3) The class or type of beer and all brand names under which the beer is to be sold in this state.
(4)CA Business & Professions Code § 25200(c)(4) If manufactured under contract for another beer manufacturer or other person, the true name of such other beer manufacturer or person.
(5)CA Business & Professions Code § 25200(c)(5) If manufactured pursuant to a joint venture or other collaborative arrangement, the name and address of all manufacturers involved in the joint venture or other collaborative arrangement.
(d)CA Business & Professions Code § 25200(d) The manufacturer of the beer shall be responsible for compliance with the requirements of this section. In the case of beer manufactured pursuant to a joint venture or other collaborative arrangement, only the actual manufacturer of the beer need comply.
(e)CA Business & Professions Code § 25200(e) If beer is sold or offered for sale in this state without first complying with the provisions of this section, or violates any other provision of this division, the department may take such action as it deems reasonable and necessary, including, but not limited to, ordering that the beer no longer be sold or offered for sale until such time as the requirements of this section are complied with. Nothing in this section shall be deemed to prohibit the department from permitting beer that is sold or offered for sale in this state that does not comply with the requirements of this section to continue to be sold or offered for sale for a reasonable period of time to allow the manufacturer to meet the requirements of this section.
beer labeling federal malt beverage regulations alcohol content statement

Section § 25201

Explanation

This law says that beer manufacturers, importers, or wholesalers can't use containers with another brand's name for their beers. If a manufacturer refills a customer-supplied container, they must label it properly, removing or covering any old branding. This law also states that manufacturers can't refill containers holding five gallons or more for customers.

(a)CA Business & Professions Code § 25201(a) A manufacturer, importer, or wholesaler of beer shall not use a container or carton as a package or container of a beer other than the 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.
(b)CA Business & Professions Code § 25201(b) A beer manufacturer that refills any container supplied by a consumer shall affix a label that complies with this section on the container prior to its resale to the consumer. Any information concerning any beer previously packaged in the container, including, but not limited to, information regarding the manufacturer and bottler of the beer, or any associated brands or trademarks, shall be removed or completely obscured in a manner not readily removable by the consumer prior to the resale of the container to the consumer. This subdivision does not authorize a beer manufacturer to refill a container supplied by a consumer with a capacity of five liquid gallons or more.
beer containers refill containers brand labeling

Section § 25202

Explanation

This law says that you can't erase or change the labels, brands, or any marks on returnable beer containers, metal kegs, or cartons unless you have written permission from the manufacturer who put them there. However, this rule doesn't apply if the beer company has gone out of business and no longer holds a license.

(a)CA Business & Professions Code § 25202(a) Manufacturers’ names, brand names, print, or markings first placed on returnable beer containers, metal kegs, 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.
(b)CA Business & Professions Code § 25202(b) This section does not apply to metal kegs or 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.
returnable containers metal kegs beer cartons

Section § 25203

Explanation

If you manufacture or bottle beer and sell it in California, you need to register the brand names of your draught beer with the state authorities.

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.
beer manufacturer beer bottler draught beer

Section § 25205

Explanation

This law requires that any beer or alcoholic beverage, except sake, that is labeled for sale and contains at least 0.5% alcohol by volume from added flavors or distilled alcohol must have a clear label or sticker showing its alcohol content. This label must also include the phrase 'CONTAINS ALCOHOL' in bold, prominent letters. Any information submitted to the department for compliance is confidential and won't be publicly disclosed. The section's goal is solely to ensure such products are labeled correctly, not to reclassify them as beer, wine, or spirits.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 25205(a)(1) The percentage alcohol content of the beverage by volume.
(2)CA Business & Professions Code § 25205(a)(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)CA Business & Professions Code § 25205(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 (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c)CA Business & Professions Code § 25205(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.
beer labeling alcohol content labeling distilled alcohol

Section § 25206

Explanation
This law states that retailers cannot serve draught beer unless it has the correct tap sign indicating the beer's brand, and the manufacturer must follow specific regulations. If these rules aren't followed, the authorities can confiscate the beer and get rid of it as per certain procedures.
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.
draught beer tap sign retailer