SB 819: Powdered alcohol.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-28
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That act imposes additional regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
This bill would require the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the specified violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That act imposes additional regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
This bill would require the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the specified violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That act imposes additional regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
This bill would prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and would require the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the specified violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That act imposes additional regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
This bill would prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and would require the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That act imposes additional regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
This bill would prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and would require the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. That act imposes additional regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
This bill would prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and would require the department to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Powdered alcohol means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. Powdered alcohol does not include vaporized alcohol, as defined in Section 25621.
SEC. 2.Section 23004 of the Business and Professions Code is amended to read:23004.Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Alcoholic beverage does not include powdered alcohol, as defined in Section 23003.1.
SEC. 3.Section 23005 of the Business and Professions Code is amended to read:23005.Distilled spirits means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. Distilled spirits does not include powdered alcohol, as defined in Section 23003.1.
SEC. 4.Section 24200.7 is added to the Business and Professions Code, to read:24200.7.The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
SEC. 5.Section 25623 is added to the Business and Professions Code, to read:25623.(a)A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b)Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500).
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Powdered alcohol means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. Powdered alcohol does not include vaporized alcohol, as defined in Section 25621.
SEC. 2.Section 23004 of the Business and Professions Code is amended to read:23004.Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Alcoholic beverage does not include powdered alcohol, as defined in Section 23003.1.
SEC. 3.Section 23005 of the Business and Professions Code is amended to read:23005.Distilled spirits means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. Distilled spirits does not include powdered alcohol, as defined in Section 23003.1.
SEC. 4.Section 24200.7 is added to the Business and Professions Code, to read:24200.7.The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
SEC. 5.Section 25623 is added to the Business and Professions Code, to read:25623.(a)A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b)Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500).
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Powdered alcohol means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. Powdered alcohol does not include vaporized alcohol, as defined in Section 25621.
SEC. 2.Section 23004 of the Business and Professions Code is amended to read:23004.Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Alcoholic beverage does not include powdered alcohol, as defined in Section 23003.1.
SEC. 3.Section 23005 of the Business and Professions Code is amended to read:23005.Distilled spirits means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. Distilled spirits does not include powdered alcohol, as defined in Section 23003.1.
SEC. 4.Section 23794 is added to the Business and Professions Code, to read:23794.A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.
SEC. 5.SEC. 4.Section 24200.7 is added to the Business and Professions Code, to read:24200.7.The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
SEC. 6.SEC. 5.Section 25623 is added to the Business and Professions Code, to read:25623.(a)A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b)(1)Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500).
(2)Any person who possesses, purchases, or uses powdered alcohol is guilty of an infraction and subject to a fine of one hundred twenty-five dollars ($125).
SEC. 7.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Powdered alcohol means an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. Powdered alcohol does not include vaporized alcohol alcohol, as defined in Section 25621.
SEC. 2.Section 23004 of the Business and Professions Code is amended to read:23004.Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Alcoholic beverage does not include powdered alcohol, as defined in Section 23003.1.
SEC. 3.Section 23005 of the Business and Professions Code is amended to read:23005.Distilled spirits means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. Distilled spirits does not include powdered alcohol, as defined in Section 23003.1.
SEC. 4.Section 23794 is added to the Business and Professions Code, to read:23794.A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.
SEC. 5.Section 24200.7 is added to the Business and Professions Code, to read:24200.7.The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
SEC. 6.Section 25623 is added to the Business and Professions Code, to read:25623.(a)A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b)(1)Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500).
(2)Any person who possesses, purchases, or uses powdered alcohol is guilty of an infraction and subject to a fine of one hundred twenty-five dollars ($125).
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Powdered alcohol means a powdered or crystalline substance that contains any amount of alcohol for either direct use or reconstitution. an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid. Powdered alcohol, alcohol does not include vaporized alcohol as defined in Section 25621.
SEC. 2.Section 23004 of the Business and Professions Code is amended to read:23004.Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Alcoholic beverage does not include powdered alcohol, as defined in Section 23003.1.
SEC. 3.Section 23005 of the Business and Professions Code is amended to read:23005.Distilled spirits means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. Distilled spirits does not include powdered alcohol, as defined in Section 23003.1.
SEC. 4.Section 23794 is added to the Business and Professions Code, to read:23794.A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.
SEC. 5.Section 24200.7 is added to the Business and Professions Code, to read:24200.7.The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
SEC. 6.Section 25623 is added to the Business and Professions Code, to read:25623.(a)A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b)(1)Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500).
(2)Any person who possesses, purchases, or uses powdered alcohol is guilty of an infraction and subject to a fine of one hundred twenty-five dollars ($125).
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Powdered alcohol means a powdered or crystalline substance that contains any amount of alcohol for either direct use or reconstitution. Powdered alcohol, does not include vaporized alcohol as defined in Section 25621.
SEC. 2.Section 23004 of the Business and Professions Code is amended to read:23004.Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. Alcoholic beverage does not include powdered alcohol, as defined in Section 23003.1.
SEC. 3.Section 23005 of the Business and Professions Code is amended to read:23005.Distilled spirits means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. Distilled spirits does not include powdered alcohol, as defined in Section 23003.1.
SEC. 4.Section 23794 is added to the Business and Professions Code, to read:23794.A license shall not be issued to any applicant to authorize the manufacture, distribution, or retail sale of powdered alcohol.
SEC. 5.Section 24200.7 is added to the Business and Professions Code, to read:24200.7.The department shall revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
SEC. 6.Section 25623 is added to the Business and Professions Code, to read:25623.(a)A person shall not possess, purchase, sell, offer for sale, manufacture, distribute, or use powdered alcohol.
(b)(1)Any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than five hundred dollars ($500).
(2)Any person who possesses, purchases, or uses powdered alcohol is guilty of an infraction and subject to a fine of one hundred twenty-five dollars ($125).
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Jun 14, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (June 8). |
| Sep 1, 2016 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 26, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 26, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5443.) Ordered to engrossing and enrolling. |
| Aug 25, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 24, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 11, 2016 | Ordered to third reading. |
| Aug 11, 2016 | From consent calendar on motion of Assembly Member Waldron. |
| Aug 11, 2016 | From consent calendar on motion of Assembly Member Cooper. |
| Aug 4, 2016 | Read second time. Ordered to consent calendar. |
| Aug 3, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 20. Noes 0.) (August 3). |
| Jun 28, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jun 15, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jan 5, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 9, 2016 | Referred to Com. on G.O. |
| Apr 18, 2016 | Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. |
| Apr 18, 2016 | Read third time. Passed. (Ayes 39. Noes 0. Page 3576.) Ordered to the Assembly. |
| Apr 18, 2016 | In Assembly. Read first time. Held at Desk. |
| Apr 12, 2016 | Read second time. Ordered to third reading. |
| Apr 11, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 1, 2016 | Set for hearing April 11. |
| Mar 15, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Mar 14, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0. Page 3192.) (March 8). |
| Mar 2, 2016 | Set for hearing March 8. |
| Jan 28, 2016 | Referred to Com. on G.O. |
| Jan 6, 2016 | From printer. May be acted upon on or after February 5. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 26, 2016 | Unfinished Business SB819 Huff Concurrence | Senate Floor |
Passed |
|
| Aug 24, 2016 | SB 819 Huff Senate Third Reading By IRWIN | Assembly Floor |
Passed |
|
| Aug 3, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 8, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Governmental Organization |
Passed |
|
| Apr 18, 2016 | Senate 3rd Reading SB819 Huff | Senate Floor |
Passed |
|
| Mar 8, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Board of Supervisors | ** Support | Jun 8, 2016 |
| Alcohol Justice | ** Support | Aug 26, 2016 |
| American Nurses Association, California Chapter | ** Support | Aug 26, 2016 |
| Association of California Health Care Districts | ** Support | Aug 26, 2016 |
| California Academy Of Family Physicians | ** Support | Aug 26, 2016 |
| California Academy of Preventative Medicine | ** Support | Aug 26, 2016 |
| California Alcohol Policy Alliance | ** Support | Aug 26, 2016 |
| California Association of Driver Treatment | * Indeterminate | Jun 8, 2016 |
| California Beer and Beverage Distributors | ** Support | Aug 26, 2016 |
| California College And University Police Chiefs Association | ** Support | Aug 26, 2016 |
| California Council on Alcohol Problems | ** Support | Aug 26, 2016 |
| California District Attorneys Association | ** Support | Aug 26, 2016 |
| California Friday Night Live Partnership | ** Support | Jun 8, 2016 |
| California Health Care Districts | * Indeterminate | Jun 8, 2016 |
| California Public Health Association | ** Support | Aug 26, 2016 |
| California Public Health Association-North | ** Support | Jun 8, 2016 |
| California School Employees Association | ** Support | Aug 26, 2016 |
| California State Parent Teacher Association | ** Support | Aug 26, 2016 |
| California State PTA | * Indeterminate | Jun 8, 2016 |
| California State PTA | * Support | Jun 8, 2016 |
| California State Sheriffs' Association | * Indeterminate | Jun 8, 2016 |
| Childrens Hospital Los Angeles | ** Support | Aug 26, 2016 |
| City of El Cajon City Council | ** Support | Jun 8, 2016 |
| City Of Hayward | ** Support | Aug 26, 2016 |
| City of San Francisco | ** Support | Aug 26, 2016 |
| Consumer Federation Of California | ** Support | Aug 26, 2016 |
| Contra Costa County Board of Supervisors | ** Support | Aug 26, 2016 |
| County Behavioral Health Directors Association | ** Support | Aug 26, 2016 |
| County Health Executives Association Of California | ** Support | Aug 26, 2016 |
| County of Los Angeles, Office of the Sheriff | ** Support | Aug 26, 2016 |
| Dolores Huerta Foundation | ** Support | Aug 26, 2016 |
| Eden Youth & Family Center | ** Support | Aug 26, 2016 |
| El Dorado County Board of Supervisors | ** Support | Aug 26, 2016 |
| Friday Night Live | ** Support | Aug 26, 2016 |
| Health Officers Association Of California | ** Support | Aug 26, 2016 |
| Institute for Public Strategies | ** Support | Aug 26, 2016 |
| Institute of Public Strategies | ** Support | Apr 18, 2016 |
| Janus of Santa Cruz | ** Support | Aug 26, 2016 |
| John McMahon, Sheriff-Coroner, San Bernardino County | ** Support | Jun 8, 2016 |
| Los Angeles County Sheriff's Office | ** Support | Jun 8, 2016 |
| Los Angeles Drug and Alcohol Policy Alliance | ** Support | Aug 26, 2016 |
| Los Angeles, City Of | ** Support | Aug 26, 2016 |
| Lutheran Office of Public Policy-California | ** Support | Aug 26, 2016 |
| Marin County | ** Support | Aug 26, 2016 |
| McGeorge Legislative and Public Policy Clinic | ** Support | Jun 8, 2016 |
| National Association Of Social Workers, California Chapter | ** Support | Jun 8, 2016 |
| Numerous Individual Letters from Public | ** Support | Jun 8, 2016 |
| Palcohol | ** Against | Aug 26, 2016 |
| Partnership for a Positive Pomona | ** Support | Aug 26, 2016 |
| Placer County Board of Supervisors | ** Support | Aug 26, 2016 |
| Pueblo y Salud, Inc. | ** Support | Jun 8, 2016 |
| San Bernardino County Sheriff | ** Support | Aug 26, 2016 |
| Saving Lives Coalition | ** Support | Aug 26, 2016 |
| SHIELDS for Families | ** Support | Aug 26, 2016 |
| Social Model Recovery Systems, Inc. | ** Support | Aug 26, 2016 |
| Sonoma County Board of Supervisors | ** Support | Aug 26, 2016 |
| The McGeorge Clinic | ** Support | Aug 26, 2016 |
| The Wall Las Memorias Project of Los Angeles | * Support | Mar 8, 2016 |
| Turn Utility and Reform Network | * Support | Jun 20, 2018 |
| Ventura County Board of Supervisors | ** Support | Aug 26, 2016 |
| Youth Leadership Institute | ** Support | Aug 26, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 819
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 3/8/16
AYES: Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Runner, Vidak
NO VOTE RECORDED: Galgiani
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 4/18/16
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR: 79-0, 8/24/16 - See last page for vote
DIGEST: This bill prohibits the purchase, sale, offer for sale, distribution, manufacture, possession, or use of powdered alcohol, as defined. Additionally, this bill requires the Department of Alcoholic and Beverage Control (ABC) to revoke the license of any licensee who manufacturers, distributes, or sells powdered alcohol.
Assembly Amendments (1) delete the $125 fine for any person who possesses, purchases, or uses powdered alcohol, (2) add Assembly Members Chavez, Cooper, Gipson, and Lackey as coauthors, and (3) make minor technical changes.
ANALYSIS: Existing federal law grants states the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.
Existing state law:
- Establishes the Alcoholic Beverage Control Act (Act) which contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by ABC.
- Imposes regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
- Grants ABC exclusive authority to administer the provisions of the Act.
- Establishes three types of alcoholic beverages for tax purposes, namely, distilled spirits, beer and wine.
- Prohibits the use in any advertisement of alcoholic beverages, of any subject matter, language or slogans addressed to and intended to encourage minors to drink alcoholic beverages.
This bill:
- Prohibits the purchase, sale, offer for sale, distribution, manufacture, possession, or use of powdered alcohol.
- Defines “powdered alcohol” to mean an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid.
- Requires ABC to revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
- Specifies that any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than $500.
Background
Purpose of the bill. According to the author, “the ease of this substance presents an array of potential health problems in California as it can be snorted, added to an energy drink, slipped to unknowing recipients, or even added to beverages already containing alcohol in an attempt to create a dangerously potent concoction.”
The author further argues that, “because this new drug can be easily sold and transferred, this is a prime product for abuse by children and teenagers. Alcohol-related harm to California youth can present itself in several ways including death, injuries, assaults, sexual violence, unsafe sex, suicide attempts, and academic problems. Permitting the sale of powdered alcohol in California sends the wrong message to youth and young adults about responsible drinking.”
Powdered alcohol. As the name suggests, powdered alcohol is powder that when mixed with water or any other liquid becomes an alcoholic beverage. Small amounts of liquid alcohol are enclosed in cyclodextrins, which are literally small rings of sugar. Once water or any other liquid is added the sugar dissolves and the alcohol is freed into the drink. Powdered alcohol gained media attention in the United States when in April 2014 the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) approved labels for a product called Palcohol.
Proponents of powdered alcohol have touted its light weight and its ease to transport as some of the benefits of powdered alcohol compared to liquid alcohol.
Critics of powdered alcohol argue that powdered alcohol will be much easier to over consume, conceal and be acquired by minors. Critics point to the ability to add powdered alcohol to liquid alcohol to produce a greater concentration than intended. In addition, critics point to the ease in which people, including youths, could bring alcohol to places where it is banned; such as sporting events, movie theaters, parks, and schools.
Powdered alcohol authorization. Though the TTB approved the Palcohol labels in April of 2014, within two weeks the TTB issued a statement stating that the approval had been issued in error. However in March 2015, the TTB again approved four powdered alcohol products with the brand name “Palcohol” for sale in the U.S.
Shortly after TTB approval, the U. S. Food and Drug Administration (FDA) responded to inaccurate reports that implied that the FDA had approved powdered alcohol as being safe. Rather, the FDA clarified that its role was to evaluate the nonalcoholic ingredients. Based on that evaluation, the FDA stated that “the use of ingredients in the proposed products was in compliance with FDA’s regulations. The agency notes that the ingredients used in the products are typical of ingredients found in many processed foods.” The FDA concluded that they had no legal basis to block their entry into the U.S. market.
However, individual states, not the TTB, are responsible for regulating the sale of alcohol and tobacco products at the retail level, including sales to minors. As of November 2015, 27 states have banned powdered alcohol outright. Two states, Maryland and Minnesota have a one year temporary statutory ban. Three states, Colorado, Delaware, and New Mexico have added powdered alcohol in their statutory definitions of alcohol so that the product can be regulated under existing alcohol regulations.
As of today, powdered alcohol is not being sold anywhere in the United States, though the Palcohol Web site does state that, “we will be working on getting the production facility up and running. It will take a while but hopefully it will be available soon.”
Related/Prior Legislation
AB 1554 (Irwin, 2016) prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and requires ABC to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. (To Engrossing and Enrolling)
SB 39 (Padilla, Chapter 140, Statutes of 2011) prohibited the importation, production, manufacture, distribution, or sale of beer to which caffeine has been directly added as a separate ingredient at retail locations in California, as defined.
AB 1598 (Beall, 2010) would have prohibited the sale, production, importation, manufacture or distribution of a caffeinated malted beverage, as defined. (Failed passage in the Assembly Governmental Organization Committee)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, minor absorbable workload to ABC to monitor and enforce the provisions of this bill.
Alcohol Justice
American Nurses Association, California Chapter
Association of California Health Care Districts
California Academy of Family Physicians
California Academy of Preventative Medicine
California Alcohol Policy Alliance
California Association of Driving Under the Influence Treatment Programs
California Beer and Beverage Distributors
California College and University Police Chiefs Association
California Council on Alcohol Problems
California District Attorneys Association
California Public Health Association
California School Employees Association
California State Parent Teacher Association
California State Sheriffs Association
Children’s Hospital Los Angeles
City of El Cajon
City of Hayward
City of Los Angeles
City of San Francisco
Consumer Federation of California
Contra Costa County Board of Supervisors
County Behavioral Health Directors Association
County Health Executives Association of California
County of Los Angeles, Office of the Sheriff
Dolores Huerta Foundation
Eden Youth & Family Center
El Dorado County Board of Supervisors
Friday Night Live
Health Officers Association of California
Institute for Public Strategies
Janus of Santa Cruz
Los Angeles Drug and Alcohol Policy Alliance
Lutheran Office of Public Policy-California
Marin County
National Council on Alcoholism and Drug Dependence of San Fernando Valley
Partnership for a Positive Pomona
Placer County Board of Supervisors
Pueblo Y Salud
San Bernardino County Sheriff
Saving Lives Coalition
Shields for Families
Social Model Recovery Systems, Inc.
Sonoma County Board of Supervisors
The McGeorge Clinic
The Wall Las Memorias Project
Ventura County Board of Supervisors
Youth Leadership Institute
OPPOSITION: (Verified 8/24/16)
Palcohol
ARGUMENTS IN SUPPORT: According to the California Alcohol Policy Alliance, “powdered alcohol is perhaps the most dangerous, youth attractive alcohol product allowed in the market. We cannot ignore the dangers the product poses to underage drinkers. If this product hits the California market, serious injuries, alcohol poisonings, and even deaths will result.”
The Health Officers Association of California states that, “mixing powdered alcohol with smaller amounts of water than directed will result in extremely potent beverages. In its powdered and compact form, this product will be easy to conceal and bring to areas where alcohol is prohibited, such as schools; or where alcohol is sold and regulated, such as cultural events. When alcohol is for sale at an event or location, retailers are required to monitor customers’ intake to prevent over intoxication. This becomes much more difficult when customers can bring their own alcohol in powdered form.”
ARGUMENTS IN OPPOSITION: According to Palcohol, “a study shows that 80% of Californians that drink want to use powdered alcohol for travel and outdoor recreation. In addition, because Palcohol is so much lighter to ship than liquid alcohol, it will reduce the carbon footprint.”
ASSEMBLY FLOOR: 79-0, 8/24/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Travis Allen
8/25/16 17:54:19
**** END ****
SENATE THIRD READING
STR Bill Id:SB 819
Author:()
As Ver:June 28, 2016
SENATE VOTE:
Committee | Votes | Ayes | Noes |
Governmental Organization | 15-0 | Gray, Bigelow, Bonta, Cooley, Cooper, Daly, Cristina Garcia, Eduardo Garcia, Gipson, Jones-Sawyer, Levine, Linder, Salas, Steinorth, Waldron | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood, Chau |
SUMMARY: Prohibits the purchase, sale, offer for sale, distribution, manufacture, possession, or use of powdered alcohol. It requires the Department of Alcoholic Beverage Control (ABC) to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol. Specifically, this bill:
- Prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol.
- Defines "powdered alcohol" to mean an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid.
- Prohibits the possession, purchase, sell, offer for sale, distribution, manufacture, or use of powdered alcohol.
- Provides any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than $500.
- Contains co-authors.
EXISTING LAW:
- Federal Law grants states the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.
- Establishes the Alcoholic Beverage Control Act (Act) which contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by ABC.
- Imposes regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
- Grants ABC exclusive authority to administer the provisions of the Act.
- Establishes three types of alcoholic beverages for tax purposes, namely, distilled spirits, beer and wine.
- Stipulates that any person who sells or offers for sale any vaporized form of alcohol produced by an alcohol vaporizing device shall be guilty of a misdemeanor punishable by a $1,000 fine or imprisonment in a county jail for up to six months. Provides that any person who purchases or uses any vaporized form of alcohol produced by an alcohol vaporizing device is subject to a fine of $250.
- Prohibits the use in any advertisement of alcoholic beverages, of any subject matter, language or slogans addressed to and intended to encourage minors to drink alcoholic beverages.
FISCAL EFFECT: According to the Senate Appropriations Committee, minor absorbable workload to ABC to monitor and enforce the provisions of this bill.
COMMENTS:
Powdered alcohol: As the name suggests, powdered alcohol is powder that when mixed with water or any other liquid becomes an alcoholic beverage. Small amounts of liquid alcohol are enclosed in cyclodextrins, which are literally small rings of sugar. Once water or any other liquid is added the sugar dissolves and the alcohol is freed into the drink. Powdered alcohol gained media attention in the United States (U.S.) when in April 2014 the U.S. Alcohol and Tobacco Tax and Trade Bureau (TBB) approved labels for a product called Palcohol.
Proponents of powdered alcohol have touted its lightweight and its ease to transport as some of the benefits of powdered alcohol compared to liquid alcohol. The creator of Palcohol, has stated that powdered alcohol is ideal for such outdoor activities as hiking. The Palcohol website had previously touted additional benefits including that it would be easier to sneak powdered alcohol into sporting events and concerts and the ability to sprinkle powdered alcohol on food for "an extra kick."
Critics of powdered alcohol argue that this type of product will be much easier to over consume, conceal and be acquired by minors. Critics point to the ability to add powdered alcohol to liquid alcohol to produce a greater concentration than intended. In addition, critics point to the ease in which people, including youths, could bring alcohol to places where it is banned; such as sporting events, movie theaters, parks, and schools.
Powdered Alcohol Authorization: Though the TBB approved the Palcohol labels in April of 2014, within two weeks the TBB issued a statement stating that the approval had been issued in error. However, in March 2015, the TBB again approved four powdered alcohol products with the brand name "Palcohol" for sale in the U.S.
Shortly after TBB approval, the U. S. Food and Drug Administration (FDA) responded to inaccurate reports that implied that the FDA had approved powdered alcohol as being safe. Rather, the FDA clarified that its role was to evaluate the nonalcoholic ingredients. Based on that evaluation, the FDA stated, "the use of ingredients in the proposed products was in compliance with FDA’s regulations. The agency notes that the ingredients used in the products are typical of ingredients found in many processed foods." The FDA concluded that they had no legal basis to block their entry into the U.S. market.
However, individual states, not the TBB, are responsible for regulating the sale of alcohol and tobacco products at the retail level, including sales to minors. As of January 2016, twenty-seven states have banned powdered alcohol outright. Two states, Maryland and Minnesota have a one-year temporary statutory ban. Three states, Colorado, Delaware, and New Mexico, have added powdered alcohol in their statutory definitions of alcohol so that the product can be regulated under existing alcohol regulations.
As of today, powdered alcohol is not being sold anywhere in the United States, though the Palcohol website does state that, "we will be working on getting the production facility up and running. It will take a while but hopefully it will be available soon."
Powdered distilled spirits are already taxed in California in the same manner and to the same extent as other distilled spirits in Title 18 of the California Code of Regulations, Article 6, Classification of Particular Beverages, Regulation 2557.
Vaporized alcohol: Existing state law bans the sale or use of any vaporized form of alcohol produced by an alcohol vaporizing device. Vaporized alcohol is alcohol mixed with pure oxygen or another gas to produce a vaporized product that can be inhaled. To date, no notable enforcement cost can be attributed to the ban of this type of alcohol.
Purpose of the bill: According to the author, "the ease of this substance presents an array of potential health problems in California as it can be snorted, added to an energy drink, slipped to unknowing recipients, or even added to beverages already containing alcohol in an attempt to create a dangerously potent concoction."
A 2013 study from the U.S. Centers for Disease Control and Prevention (CDC) found that the societal costs for binge drinking are higher in California than in any other state: $32 billion for one year of excessive alcoholic festivities. Problems caused by binge drinking include lost work productivity, poor health, crime, automobile accidents and property damage. The same study concluded that underage binge drinking cost California an additional $3.5 billion. It is incumbent on each state to decide if this product should be sold in their borders.
The author further argues that, "because this new product can be easily sold and transferred, this is a prime product for abuse by children and teenagers. Alcohol-related harm to California youth can present itself in several ways including death, injuries, assaults, sexual violence, unsafe sex, suicide attempts, and academic problems. Permitting the sale of powdered alcohol in California sends the wrong message to youth and young adults about responsible drinking."
Related legislation: AB 1554 (Irwin) of the current legislative session. Prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined. (Pending on Senate Floor)
Prior legislation: SB 39 (Padilla), Chapter 140, Statutes of 2011. Prohibited the importation, production, manufacture, distribution, or sale of beer to which caffeine has been directly added as a separate ingredient at retail locations in California, as defined.
AB 1598 (Beall) of 2010. Would have prohibited the sale, production, importation, manufacture or distribution of a caffeinated malted beverage, as defined. (Failed passage in Assembly Governmental Organization Committee)
AB 346 (Beall), Chapter 624, Statutes of 2008). Required that any container of beer or alcoholic beverage that derives 0.5% 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 to bear a label or a firmly affixed sticker that includes specified information regarding its alcohol content and its status as an alcoholic beverage.
AB 273 (Baca), Chapter 29, Statutes of 2006. Prohibits the sale, purchase, and use of any vaporized form of alcohol produced by an alcohol vaporizing device, as defined.
AB 1657 (Chan) of 2004. Would have limited the sale of any prepackaged alcoholic beverage product made with a "gelatin" base to businesses that prohibit the presence of persons under the age of 21. (Failed passage in Senate Governmental Organization Committee)
Analysis Prepared by: FN: 0004863
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 819
Author:(Huff) – As Amended Ver:June 28, 2016
Policy Committee: | Governmental Organization | Vote: | 15 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill prohibits the purchase, sale, offer for sale, distribution, manufacture, possession, or use of powdered alcohol. It requires the Department of Alcoholic Beverage Control (ABC) to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol.
FISCAL EFFECT:
Minor absorbable workload to ABC to monitor and enforce the provisions of this bill.
COMMENTS:
- Purpose. Proponents of SB 819 argue that powdered alcohol, a powder product that becomes an alcoholic beverage when mixed with water or any other liquid, is a dangerous product with potential great appeal to underage drinkers. It is cheap, potent, and easy to hide, and supporters point out that youth are especially vulnerable because they can sneak powdered alcohol products into events.
- Federal and state regulation of powdered alcohol. While powdered alcohol is technically legal, it is not currently being sold anywhere in the United States. In 2015, the US Alcohol and Tobacco Tax and Trade Bureau (TBB) approved labels for a product called Palcohol, and the Palcohol website states that “we will be working on getting production facility up and running. It will take a while but hopefully it will be available soon.” Twenty-seven states have already banned powdered alcohol, and three states, Colorado, Delaware, and New Mexico, have added powdered alcohol in their statutory definitions of alcohol so that the product can be regulated under existing alcohol regulations.
- Vaporized alcohol. Existing state law bans the sale or use of any vaporized form of alcohol produced by an alcohol vaporizing device. Vaporized alcohol is alcohol mixed with pure oxygen or another gas to produce a vaporized product that can be inhaled. To date, no notable enforcement cost can be attributed to the ban of this type of alcohol.
- Related legislation and recent amendments. An earlier version of AB 1554 (Irwin) of 2016, which is pending in the Senate Appropriations Committee, was nearly identical to this bill.
Recent amendments to both AB 1554 and SB 819 made the two bills complementary rather than competing pieces of legislation. Specifically, the duties of ABC related to the licensure of manufacturers, distributors, and sellers of powdered alcohol and the fines established for purchases of powdered alcohol and sellers of powdered alcohol were divided between the two bills.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: June 8, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SBPCA Bill Id:SB 819
Author:(Huff) – As Amended Ver:March 15, 2016
SENATE VOTE: 39-0
SUBJECT: Powdered alcohol
SUMMARY: Prohibits the possession, manufacture, distribution, or sale of powdered alcohol. Furthermore, it requires the Department of Alcoholic Beverage Control (ABC) to revoke the license of any licensee who engages in any such activity. The bill makes the violation of these provisions punishable as an infraction. Specifically, this bill:
1) Prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol.
2) Defines “powdered alcohol” to mean an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid.
3) Requires that ABC revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
4) Prohibits the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol.
5) Specifies that any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than $500.
6) Specifies that any person who possesses, purchases, or uses powdered alcohol is guilty of an infraction and subject to a fine of $125.
EXISTING LAW:
1) Federal Law grants states the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.
2) Establishes the Alcoholic Beverage Control Act (Act) which contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by ABC.
3) Imposes regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
4) Grants ABC exclusive authority to administer the provisions of the Act.
5) Establishes three types of alcoholic beverages for tax purposes, namely, distilled spirits, beer and wine.
6) Stipulates that any person who sells or offers for sale any vaporized form of alcohol produced by an alcohol vaporizing device shall be guilty of a misdemeanor punishable by a $1,000 fine or imprisonment in a county jail for up to six months. Provides that any person who purchases or uses any vaporized form of alcohol produced by an alcohol vaporizing device is subject to a fine of $250.
7) Prohibits the use in any advertisement of alcoholic beverages, of any subject matter, language or slogans addressed to and intended to encourage minors to drink alcoholic beverages.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Powdered alcohol: As the name suggests, powdered alcohol is powder that when mixed with water or any other liquid becomes an alcoholic beverage. Small amounts of liquid alcohol are enclosed in cyclodextrins, which are literally small rings of sugar. Once water or any other liquid is added the sugar dissolves and the alcohol is freed into the drink. Powdered alcohol gained media attention in the United States when in April 2014 the U.S. Alcohol and Tobacco Tax and Trade Bureau (TBB) approved labels for a product called Palcohol.
Proponents of powdered alcohol have touted its lightweight and its ease to transport as some of the benefits of powdered alcohol compared to liquid alcohol. The creator of Palcohol, has stated that powdered alcohol is ideal for such outdoor activities as hiking. The Palcohol website had previously touted additional benefits including that it would be easier to sneak powdered alcohol into sporting events and concerts and the ability to sprinkle powdered alcohol on food for “an extra kick.”
Critics of powdered alcohol argue that this type of product will be much easier to over consume, conceal and be acquired by minors. Critics point to the ability to add powdered alcohol to liquid alcohol to produce a greater concentration than intended. In addition, critics point to the ease in which people, including youths, could bring alcohol to places where it is banned; such as sporting events, movie theaters, parks, and schools.
Powdered Alcohol Authorization: Though the TBB approved the Palcohol labels in April of 2014, within two weeks the TBB issued a statement stating that the approval had been issued in error. However, in March 2015, the TBB again approved four powdered alcohol products with the brand name “Palcohol” for sale in the U.S.
Shortly after TBB approval, the U. S. Food and Drug Administration (FDA) responded to inaccurate reports that implied that the FDA had approved powdered alcohol as being safe. Rather, the FDA clarified that its role was to evaluate the nonalcoholic ingredients. Based on that evaluation, the FDA stated, “the use of ingredients in the proposed products was in compliance with FDA’s regulations. The agency notes that the ingredients used in the products are typical of ingredients found in many processed foods.” The FDA concluded that they had no legal basis to block their entry into the U.S. market.
However, individual states, not the TBB, are responsible for regulating the sale of alcohol and tobacco products at the retail level, including sales to minors. As of January 2016, twenty-seven states have banned powdered alcohol outright. Two states, Maryland and Minnesota have a one-year temporary statutory ban. Three states, Colorado, Delaware, and New Mexico, have added powdered alcohol in their statutory definitions of alcohol so that the product can be regulated under existing alcohol regulations.
As of today, powdered alcohol is not being sold anywhere in the United States, though the Palcohol website does state that, “we will be working on getting the production facility up and running. It will take a while but hopefully it will be available soon.”
Powdered distilled spirits are already taxed in California in the same manner and to the same extent as other distilled spirits in Title 18 of the California Code of Regulations, Article 6, Classification of Particular Beverages, Regulation 2557.
Vaporized alcohol: Existing state law bans the sale or use of any vaporized form of alcohol produced by an alcohol vaporizing device. Vaporized alcohol is alcohol mixed with pure oxygen or another gas to produce a vaporized product that can be inhaled. To date, no notable enforcement cost can be attributed to the ban of this type of alcohol.
Purpose of the bill: According to the author, “the ease of this substance presents an array of potential health problems in California as it can be snorted, added to an energy drink, slipped to unknowing recipients, or even added to beverages already containing alcohol in an attempt to create a dangerously potent concoction.”
A 2013 study from the U.S. Centers for Disease Control (CDC) found that the societal costs for binge drinking are higher in California than in any other state: $32 billion for one year of excessive alcoholic festivities. Problems caused by binge drinking include lost work productivity, poor health, crime, automobile accidents and property damage. The same study concluded that underage binge drinking cost California an additional $3.5 billion. It is incumbent on each state to decide if this product should be sold in their borders.
The author further argues that, “because this new product can be easily sold and transferred, this is a prime product for abuse by children and teenagers. Alcohol-related harm to California youth can present itself in several ways including death, injuries, assaults, sexual violence, unsafe sex, suicide attempts, and academic problems. Permitting the sale of powdered alcohol in California sends the wrong message to youth and young adults about responsible drinking.”
Related legislation: AB 819 (Irwin) of 2016. Prohibits the purchase, sale, offer for sale, distribution, manufacture, possession, or use of powdered alcohol. Prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and would require ABC to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol. (Pending in Senate Governmental Organization Committee)
Prior legislation: SB 39 (Padilla), Chapter 140, Statutes of 2011. Prohibited the importation, production, manufacture, distribution, or sale of beer to which caffeine has been directly added as a separate ingredient at retail locations in California, as defined.
AB 1598 (Beall, 2010). Would have prohibited the sale, production, importation, manufacture or distribution of a caffeinated malted beverage, as defined. (Failed passage in Assembly Governmental Organization Committee)
AB 346 (Beall), Chapter 624, Statutes of 2008). Required that any container of beer or alcoholic beverage that derives 0.5% 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 to bear a label or a firmly affixed sticker that includes specified information regarding its alcohol content and its status as an alcoholic beverage.
AB 273 (Baca), Chapter 29, Statutes of 2006. Prohibits the sale, purchase, and use of any vaporized form of alcohol produced by an alcohol vaporizing device, as defined.
AB 1657 (Chan, 2004). Would have limited the sale of any prepackaged alcoholic beverage product made with a “gelatin” base to businesses that prohibit the presence of persons under the age of 21. (Failed passage in Senate Governmental Organization Committee)
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Board of Supervisors
Alcohol Justice
American Nurses Association, California
Association of California Healthcare Districts
California Academy of Family Physicians
California Alcohol Policy Alliance
California Alcohol Policy Alliance
California Association of Driving Under the Influence Treatment Programs
California Beer and Beverage Distributors
California College and University Police Chiefs Association
California Council on Alcohol Problems
California District Attorneys Association
California Friday Night Live Partnership
California Public Health Association-North
California State PTA
California State Sheriffs Association
Children’s Hospital Los Angeles, Division of Adolescent and Young Adult Medicine
Children’s Hospital Los Angeles, Substance Abuse Prevention & Treatment Program
City of El Cajon City Council
City of Hayward
City of Los Angeles City Council
Consumer Federation of California
Contra Costa County Board of Supervisors
County Behavioral Health Directors Association
County Health Executives Association of California
County of El Dorado Board of Supervisors
Eden Youth and Family Center
Health Officers Association of California
Institute for Public Strategies
Janus of Santa Cruz
John McMahon, Sheriff-Coroner, San Bernardino County
Los Angeles County Sheriff’s Office
Los Angeles Drug and Alcohol Policy Alliance
Lutheran Office of Public Policy
McGeorge Legislative and Public Policy Clinic
National Association of Social Workers, California Chapter
National Council on Alcoholism and Drug Dependence of the San Fernando Valley
Partnership for a Positive Pomona
Pueblo Y Salud, Inc.
Saving Lives Coalition
SHIELDS For Families
Social Model Recovery Systems
Sonoma County Board of Supervisors
The Wall Las Memorias Project
Ventura County Board of Supervisors
Youth Leadership Institute
Numerous Individual Letters from Public
Opposition
None on file
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 819
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 3/8/16
AYES: Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Runner, Vidak
NO VOTE RECORDED: Galgiani
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill prohibits the Department of Alcoholic Beverage Control (ABC) from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined.
ANALYSIS: Existing federal law grants states the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.
Existing state law:
- Establishes the Alcoholic Beverage Control Act (Act) which contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by ABC.
- Imposes regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
- Grants ABC exclusive authority to administer the provisions of the Act.
- Establishes three types of alcoholic beverages for tax purposes, namely, distilled spirits, beer and wine.
- Prohibits the use in any advertisement of alcoholic beverages, of any subject matter, language or slogans addressed to and intended to encourage minors to drink alcoholic beverages.
This bill:
- Prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol.
- Defines “powdered alcohol” to mean an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid.
- Requires that ABC revoke or suspend any license if the licensee or the agent or employee of the licensee manufactures, distributes, or offers for retail sale powdered alcohol.
- Prohibits the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol.
- Specifies that any person who sells, offers for sale, manufactures, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than $500.
- Specifies that any person who possesses, purchases, or uses powdered alcohol is guilty of an infraction and subject to a fine of $125.
Background
Purpose of the bill. According to the author, “the ease of this substance presents an array of potential health problems in California as it can be snorted, added to an energy drink, slipped to unknowing recipients, or even added to beverages already containing alcohol in an attempt to create a dangerously potent concoction.”
The author further argues that, “because this new drug can be easily sold and transferred, this is a prime product for abuse by children and teenagers. Alcohol-related harm to California youth can present itself in several ways including death, injuries, assaults, sexual violence, unsafe sex, suicide attempts, and academic problems. Permitting the sale of powdered alcohol in California sends the wrong message to youth and young adults about responsible drinking.”
Powdered alcohol. As the name suggests, powdered alcohol is powder that when mixed with water or any other liquid becomes an alcoholic beverage. Small amounts of liquid alcohol are enclosed in cyclodextrins, which are literally small rings of sugar. Once water or any other liquid is added the sugar dissolves and the alcohol is freed into the drink. Powdered alcohol gained media attention in the United States when in April 2014 the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) approved labels for a product called Palcohol.
Proponents of powdered alcohol have touted its light weight and its ease to transport as some of the benefits of powdered alcohol compared to liquid alcohol.
Critics of powdered alcohol argue that powdered alcohol will be much easier to over consume, conceal and be acquired by minors. Critics point to the ability to add powdered alcohol to liquid alcohol to produce a greater concentration than intended. In addition, critics point to the ease in which people, including youths, could bring alcohol to places where it is banned; such as sporting events, movie theaters, parks, and schools.
Powdered alcohol authorization. Though the TTB approved the Palcohol labels in April of 2014, within two weeks the TTB issued a statement stating that the approval had been issued in error. However in March 2015, the TTB again approved four powdered alcohol products with the brand name “Palcohol” for sale in the U.S.
Shortly after TTB approval, the U. S. Food and Drug Administration (FDA) responded to inaccurate reports that implied that the FDA had approved powdered alcohol as being safe. Rather, the FDA clarified that its role was to evaluate the nonalcoholic ingredients. Based on that evaluation, the FDA stated that “the use of ingredients in the proposed products was in compliance with FDA’s regulations. The agency notes that the ingredients used in the products are typical of ingredients found in many processed foods.” The FDA concluded that they had no legal basis to block their entry into the U.S. market.
However, individual states, not the TTB, are responsible for regulating the sale of alcohol and tobacco products at the retail level, including sales to minors. As of November 2015, 27 states have banned powdered alcohol outright. Two states, Maryland and Minnesota have a one year temporary statutory ban. Three states, Colorado, Delaware, and New Mexico have added powdered alcohol in their statutory definitions of alcohol so that the product can be regulated under existing alcohol regulations.
As of today, powdered alcohol is not being sold anywhere in the United States, though the Palcohol web site does state that, “we will be working on getting the production facility up and running. It will take a while but hopefully it will be available soon.”
Prior/Related Legislation
AB 1554 (Irwin, 2016) prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and requires ABC to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. (Pending in the Assembly Appropriations Committee)
SB 39 (Padilla, Chapter 140, Statutes of 2011) prohibited the importation, production, manufacture, distribution, or sale of beer to which caffeine has been directly added as a separate ingredient at retail locations in California, as defined.
AB 1598 (Beall, 2010) would have prohibited the sale, production, importation, manufacture or distribution of a caffeinated malted beverage, as defined. (Failed passage in the Assembly Governmental Organization Committee)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Alcohol Justice
Association of California Healthcare Districts
California Academy of Family Physicians
California Alcohol Policy Alliance
California Association of Driving Under the Influence Treatment Programs
California Beer and Beverage Distributors
California College and University Police Chiefs Association
California Council on Alcohol Problems
California District Attorneys Association
California Friday Night Live Partnership
California State Sheriffs’ Association
Children’s Hospital Los Angeles
City and County of San Francisco Board of Supervisors
City of El Cajon
City of Hayward
Consumer Federation of California
Contra Costa County Board of Supervisors
County Behavioral Health Directors Association
County Health Executives Association of California
County of El Dorado Board of Supervisors
Eden Youth and Family Center
Health Officers Association of California
Institute of Public Strategies
Janus of Santa Cruz
Los Angeles County Sheriff’s Department
Los Angeles Drug and Alcohol Policy Alliance
Lutheran Office of Public Policy − California
Marin County Board of Supervisors
National Council on Alcoholism and Drug Dependence - San Fernando Valley
Partnership for a Positive Pomona
Placer County Board of Supervisors
Pueblo y Salud, Inc
Saving Lives Coalition
SHIELDS for Families
Social Model Recovery Systems, Inc.
Sonoma County Board of Supervisors
The Wall Las Memorias Project
Ventura County Board of Supervisors
Youth Leadership Institute
3 Individuals
OPPOSITION: (Verified 4/13/16)
Palcohol
ARGUMENTS IN SUPPORT: According to the California Alcohol Policy Alliance, “powdered alcohol is perhaps the most dangerous, youth attractive alcohol product allowed in the market. We cannot ignore the dangers the product poses to underage drinkers. If this product hits the California market, serious injuries, alcohol poisonings, and even deaths will result.”
The Health Officer’s Association of California states that, “mixing powdered alcohol with smaller amounts of water than directed will result in extremely potent beverages. In its powdered and compact form, this product will be easy to conceal and bring to areas where alcohol is prohibited, such as schools; or where alcohol is sold and regulated, such as cultural events. When alcohol is for sale at an event or location, retailers are required to monitor customers’ intake to prevent over intoxication. This becomes much more difficult when customers can bring their own alcohol in powdered form.”
ARGUMENTS IN OPPOSITION: According to Palcohol, “a study shows that 80% of Californians that drink want to use powdered alcohol for travel and outdoor recreation. In addition, because Palcohol is so much lighter to ship than liquid alcohol, it will reduce the carbon footprint.”
4/13/16 15:53:38
**** END ****
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: 819 Hearing Date: March 8, 2016
Author: | , et al. | ||
Version: | 1/5/2016 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Felipe Lopez | ||
SUBJECT: Powdered alcohol
DIGEST: This bill would prohibit the Department of Alcoholic Beverage Control (ABC) from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined.
ANALYSIS:
Existing law:
- Federal Law grants states the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.
- Establishes the Alcoholic Beverage Control Act (Act) which contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by ABC.
- Imposes regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations.
- Grants ABC exclusive authority to administer the provisions of the Act.
- Establishes three types of alcoholic beverages for tax purposes, namely, distilled spirits, beer and wine.
- Prohibits the use in any advertisement of alcoholic beverages, of any subject matter, language or slogans addressed to and intended to encourage minors to drink alcoholic beverages.
This bill:
- Prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol.
- Defines “powdered alcohol” to mean a powdered or crystalline substance that contains any amount of alcohol for either direct use or reconstitution.
- Requires that ABC revoke or suspend any license if the licensee or the agent or employee of the licensee manufacturers, distributes, or offers for retail sale powdered alcohol.
- Prohibits the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol.
- Specifies that any person who sells, offers for sale, manufacturers, or distributes powdered alcohol is guilty of an infraction that shall be punishable by a fine of not more than $500.
- Specifies that any person who possesses, purchases, or uses powdered alcohol is guilty of an infraction and subject to a fine of $125.
Background
Purpose of the Bill. According to the author, “the ease of this substance presents an array of potential health problems in California as it can be snorted, added to an energy drink, slipped to unknowing recipients, or even added to beverages already containing alcohol in an attempt to create a dangerously potent concoction.”
The author further argues that, “because this new drug can be easily sold and transferred, this is a prime product for abuse by children and teenagers. Alcohol-related harm to California youth can present itself in several ways including death, injuries, assaults, sexual violence, unsafe sex, suicide attempts, and academic problems. Permitting the sale of powdered alcohol in California sends the wrong message to youth and young adults about responsible drinking.”
Powdered alcohol. As the name suggests, powdered alcohol is powder that when mixed with water or any other liquid becomes an alcoholic beverage. Small amounts of liquid alcohol are enclosed in cyclodextrins, which are literally small rings of sugar. Once water or any other liquid is added the sugar dissolves and the alcohol is freed into the drink. Powdered alcohol gained media attention in the United States when in April 2014 the U.S. Alcohol and Tobacco Tax and Trade Bureau (TBB) approved labels for a product called Palcohol.
Proponents of powdered alcohol have touted its light weight and its ease to transport as some of the benefits of powdered alcohol compared to liquid alcohol.
Palcohol creator, Mark Phillips, has stated that powdered alcohol is ideal for such outdoor activities as hiking. The Palcohol website had previously touted additional benefits including that it would be easier to sneak powdered alcohol into sporting events and concerts and the ability to sprinkle powdered alcohol on food for “an extra kick.”
Critics of powdered alcohol argue that powdered alcohol will be much easier to over consume, conceal and be acquired by minors. Critics point to the ability to add powdered alcohol to liquid alcohol to produce a greater concentration than intended. In addition, critics point to the ease in which people, including youths, could bring alcohol to places where it is banned; such as sporting events, movie theaters, parks, and schools.
Powdered Alcohol Authorization. Though the TBB approved the Palcohol labels in April of 2014, within two weeks the TBB issued a statement stating that the approval had been issued in error. However in March 2015, the TBB again approved four powdered alcohol products with the brand name “Palcohol” for sale in the U.S.
Shortly after TBB approval, the U. S. Food and Drug Administration (FDA) responded to inaccurate reports that implied that the FDA had approved powdered alcohol as being safe. Rather, the FDA clarified that its role was to evaluate the nonalcoholic ingredients. Based on that evaluation, the FDA stated that “the use of ingredients in the proposed products was in compliance with FDA’s regulations. The agency notes that the ingredients used in the products are typical of ingredients found in many processed foods.” The FDA concluded that they had no legal basis to block their entry into the U.S. market.
However, individual states, not the TBB, are responsible for regulating the sale of alcohol and tobacco products at the retail level, including sales to minors. As of November 2015, 27 states have banned powdered alcohol outright. Two states, Maryland and Minnesota have a one year temporary statutory ban. Three states, Colorado, Delaware, and New Mexico have added powdered alcohol in their statutory definitions of alcohol so that the product can be regulated under existing alcohol regulations.
As of today, powdered alcohol is not being sold anywhere in the United States, though the Palcohol website does state that, “we will be working on getting the production facility up and running. It will take a while but hopefully it will be available soon.”
Suggested Amendment. The bill currently defines powdered alcohol to mean a “powdered or crystalline substance that contains any amount of alcohol for either direct use or reconstitution.” This definition does not take into consideration whether the powdered alcohol is meant for human consumption or some form of commercial application.
There has been discussion of using powdered alcohol in various medical, manufacturing and energy applications that are not intended for human consumption. Therefore the committee may wish to amend the bill to define powdered alcohol to mean “an alcohol prepared or sold in a powder or crystalline form that is used for human consumption in that form or reconstituted as an alcoholic beverage when mixed with water or any other liquid.”
Prior/Related Legislation
AB 1554 (Irwin, 2016) prohibits ABC from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and requires ABC to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol, as provided. (Pending in Assembly Governmental Organization Committee)
SB 39 (Padilla, Chapter 140, Statutes of 2011) prohibited the importation, production, manufacture, distribution, or sale of beer to which caffeine has been directly added as a separate ingredient at retail locations in California, as defined.
AB 1598 (Beall, 2010) would have prohibited the sale, production, importation, manufacture or distribution of a caffeinated malted beverage, as defined. (Failed passage in Assembly Governmental Organization Committee)
AB 346 (Beall, Chapter 624, Statutes of 2008) required that any container of beer or alcoholic beverage that derives 0.5% 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 to bear a label or a firmly affixed sticker that includes specified information regarding its alcohol content and its status as an alcoholic beverage.
AB 1657 (Chan, 2004) would have limited the sale of any prepackaged alcoholic beverage product made with a “gelatin” base to businesses that prohibit the presence of persons under the age of 21. (Failed passage in Senate Governmental Organization Committee)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
Alcohol Justice
California College and University Police Chiefs Association
California Alcohol Policy Alliance
California Council on Alcohol Problems
California District Attorneys Association
California Friday Night Live Partnership
California State Sheriffs’ Association
Children’s Hospital Los Angeles
City and County of San Francisco Board of Supervisors
City of El Cajon
City of Hayward
Consumer Federation of California
Contra Costa County Board of Supervisors
County Health Executives Association of California
Eden Youth and Family Center
Health Officers Association of California
Institute of Public Strategies
Janus of Santa Cruz
Los Angeles County Sheriff’s Department
Los Angeles Drug and Alcohol Policy Alliance
Lutheran Office of Public Policy − California
Marin County Board of Supervisors
Placer County Board of Supervisors
Pueblo y Salud, Inc
Saving Lives Coalition
The Wall Las Memorias Project
Youth Leadership Institute
3 Individuals
OPPOSITION:
None Received
ARGUMENTS IN SUPPORT: According to the California Alcohol Policy Alliance, “powdered alcohol is perhaps the most dangerous, youth attractive alcohol product allowed in the market. We cannot ignore the dangers the product poses to underage drinkers. If this product hits the California market, serious injuries, alcohol poisonings, and even deaths will result.”
The Health Officer’s Association of California states that, “mixing powdered alcohol with smaller amounts of water than directed will result in extremely potent beverages. In its powdered and compact form, this product will be easy to conceal and bring to areas where alcohol is prohibited, such as schools; or where alcohol is sold and regulated, such as cultural events. When alcohol is for sale at an event or location, retailers are required to monitor customers’ intake to prevent over intoxication. This becomes much more difficult when customers can bring their own alcohol in powdered form.”
Alcohol Justice states that, “the health and safety concerns that have been associated with powdered alcohol include: low cost; easy youth access; similar size and shape of packets to nonalcoholic children’s drink packets; potential mixing with a small amount of water to make a very potent drink; mixing with other alcoholic beverages or energy drinks; concealment by underage drinkers attending events/locations where alcohol is prohibited; ingestion of the product by snorting, eating, smoking or vaping; easy theft; possible extreme flammability, and more.”
Discussed in Hearing
2MIN
Assembly Standing Committee on Judiciary
2MIN
Assembly Standing Committee on Utilities and Energy
41SEC
Senate Floor
1MIN
Assembly Floor
19MIN
Assembly Standing Committee on Governmental Organization
1MIN
Senate Floor
10MIN
Senate Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):
