HomeMy WebLinkAboutMINUTES - 05071991 - 1.69 TO: BOARD OF SUPERVISORS
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FROM: Phil Batchelor, County Administrator
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DATE:
May 1, 1991 ~' ���� County
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SUBJECT: LEGISLATION - AB 1438 (Archie-Hudson)
SPECIFIC REOUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
RECO]ll MMMATION:
Adopt a position in SUPPORT of AB 1438 by Assemblywoman
Marguerite Archie-Hudson which would require that all fortified
wines sold in California contain a distinctive label or package
which clearly distinguishes fortified wine from nonalcoholic
beverages.
BACKGROUND:
The Board of Supervisors has for some time been a leader in the
movement to prevent the illegal use and misuse of alcoholic
beverages. Among the efforts the Board has made in this regard
is the campaign to restrict the sale of CISCO and require that
the marketing effort not confuse CISCO with nonalcoholic
beverages or with wine coolers. This effort has apparently been
largely successful at the national level, through the efforts of
Congressman George Miller III and the Surgeon General of the
United States.
The Board of Supervisors has been looking at what efforts could
be taken on a statewide basis to further regulate fortified
wines. Assemblywoman Archie-Hudson has introduced AB 1438, which
as amended April 17, 1991 would do all of the following:
1. Define fortified wine as a wine to which alcohol has been
added by other than natural fermentation to bring the
alcohol content to at least 15% by volume.
CONTINUED ON ATTACHMEN1YeS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON May a 1-9-91
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
q UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
t'» as3 •; _
CC: MAY
ATTESTED
Please see Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY e k4t, DEPUTY
2 . Requires that every container of fortified wine sold in
California must have a distinctive label or package which
clearly distinguishes fortified wine from nonalcoholic
beverages.
3 . Requires that every container of fortified wine with two or
more base alcohols must include a list of the alcohols on
the label or package.
4. Prohibits fortified wines from being mislabeled. Specifies
that a fortified wine is mislabeled if any of the following
occur:
* The labeling or packaging of the container is found to
be false or misleading.
* The label or package does not clearly specify the
common or usual name of each base alcohol in descending
order of percentage of alcohol by volume.
* The Alcoholic Beverage Control Board finds that the
size and shape of the container, when considered in
conjunction with the placement of the label and the
packaging of the product, are likely to mislead the
purchaser as to the identity of the product.
5. Requires the Department to prescribe regulations that define
the required standards for clear and distinctive labeling or
packaging for fortified wines.
AB 1438 appears to further the Board of Supervisors objectives in
regulating the packaging, marketing and sale of fortified wines
and it is, therefore, recommended that the Board indicate its
support of AB 1438.
cc: County Administrator
Health Services Director
Alcohol Program Administrator
Assemblywoman Marguerite Archie-Hudson
Room 5119, State Capitol, Sacramento, CA 95814
Assemblyman Richard E. Floyd, Chairman
Assembly Committee on Governmental Organization
Room 4016, State Capitol
Sacramento, CA 95814
Les Spahnn, SRJ. Jackson, Barish & Associates