10.20.2008  
 

How Bills Will Affect Wineries

Schwarzenegger signs legislation about tastings, pests and sales, mostly pro-industry

 
by Wines & Vines staff
 
California Wine Bill
 
California lawmakers voted in favor of several bills to expand the reach of wineries looking to educate consumers.
 
Sacramento, Calif. -- Effective Jan. 1, bills passed by the California state legislature during the 2007-08 session and signed by Gov. Arnold Schwarzenegger prior to Oct. 1 will become law. At least seven of them impact the wine industry directly--five allowing wineries and other groups more freedom to pour, sell and promote wine. Two deal with pests that may threaten grapegrowers. What follows is a recap of these pieces of legislation.

Legalizes picnic wines

Assembly Bill (AB) 2004, known by some as the "winery picnic bill" and sponsored by the Wine Institute, makes it possible for visitors to consume a bottle of wine they've purchased on winery premises. Many supporters said this practice has become commonplace, although regulations regarding the topic were unclear. AB 2004, introduced by Noreen Evans (D-7th Assembly District), passed the Senate on June 26, the Senate on June 26 and was signed by the governor July 16.

Associations may pour

AB 2090 creates a temporary license permitting winery and grower associations to organize tasting events intended to educate consumers and retailers about wine. The California Association of Winegrape Growers sponsored the bill, with proponents saying it would help spread the word about different growing regions and varietals. AB 2090, also introduced by Evans, passed the Senate on Aug. 7, passed the Assembly on Aug. 12, and was signed by the governor Sept. 27.

By invitation only

AB 2293 allows wineries and spirits manufacturers to provide their products (for free, if they choose) directly to consumers at invitation-only gatherings that have a caterer's permit. Attendees must be age 21 or older, and no location may hold more than eight such gatherings per year. According to the author, such parties are commonplace in other states when brands kick off a new product. AB 2293, introduced by Kevin de León (D-45th Assembly District), passed the Senate on Aug. 29, passed the Assembly on Aug. 31, and was signed by the governor Sept. 30.

Creates pest list

AB 2763, also called the Invasive Pest Planning Act of 2008, requires the California Department of Food and Agriculture to create a list of invasive pest species and create an eradication program to be carried out should they enter the state. According to the bill, possible pests include animals, plants, insects and diseases. AB 2763, introduced by John Laird (D-27th Assembly District), passed the Senate on Aug. 22, passed the Assembly on Aug. 27, and was signed by the governor Sept. 29.

Limits pest eradication

AB 2765, pertaining to pests in a different way, focuses on the aerial use of pesticide and sets limits on the emergency pest eradication steps that may be taken by the Secretary of Food and Agriculture. This legislation bars emergency aerial sprays in urban areas unless state health officials release the contents of the product and deem it safe. Additionally, before spraying is carried out, a public hearing must be held to explore spraying alternatives. AB 2765, introduced by Jared Huffman (D-6th Assembly District), passed the Senate on Aug. 22, passed the Assembly on Aug. 28, and was signed by the governor Sept. 29.

Allows minors at wineries

AB 3071 contends that a winery is not "public premises," and thus there should not be prohibitions regarding the presence of minors. According to Family Winemakers, "The bill also allows producers to work with on-sale licenses to offer safe-ride-home promotions." AB 3071, introduced by the Committee on Governmental Organization, passed the Senate on Aug. 27, passed the state Assembly on Aug. 31, and was signed by the governor Sept. 28.

OKs sales at nonprofit events

Senate Bill (SB) 157, sponsored by Family Winemakers of California, will permit qualified nonprofit groups to hold events where wine is sold in coordination with California wineries. At such events, wine orders may be taken, and custom crush producers will be able to donate and pour wine in order to increase brand awareness. SB 157, introduced by state Sen. Pat Wiggins (D-2nd Senate District), passed the Assembly on Aug. 7, passed the Senate on Aug. 11, and was signed by the governor Sept. 26.

To read these or other pieces of legislation in full, visit leginfo.ca.gov.
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