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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-27</ns0:ActionDate>
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<ns0:ActionDate>2026-03-25</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Laird</ns0:AuthorText>
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<ns0:House>SENATE</ns0:House>
<ns0:Name>Laird</ns0:Name>
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<ns0:Title> An act to amend Section 23399.4 of the Business and Professions Code, relating to alcoholic beverages. </ns0:Title>
<ns0:RelatingClause>alcoholic beverages</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Alcoholic beverages: certified farmers’ market sales permit.</ns0:Subject>
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<html:p>The Alcoholic Beverage Control Act authorizes the Department of Alcoholic Beverage Control to issue a certified farmers’ market sales permit to a licensed winegrower, which authorizes the licensee, a member of the licensee’s family, or an employee of the licensee to sell wine at certified farmers’ market locations, as provided. The act places certain restrictions on the wine that the licensed winegrower may sell at a certified farmers’ market, including requiring the wine to be produced entirely from grapes or other agricultural products grown by the winegrower.</html:p>
<html:p>This bill would remove the requirement that the grapes or other agricultural products that produced the wine be grown by the winegrower.</html:p>
<html:p>Under existing law, the certified farmers’ market sales permit authorizes an instructional tasting event by
the licensee on the subject of wine at a certified farmers’ market. Existing law prohibits more than one licensee from conducting an instructional tasting event during the operational hours of a certified farmers’ market.</html:p>
<html:p>This bill would
increase the number of licensees allowed to conduct an instructional tasting event during the operational hours of a certified farmers’ market to 3.</html:p>
<html:p>Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as provided. Existing law requires an alcohol server to successfully complete an RBS training course and to obtain a certification of successful completion of that course, as demonstrated by the successful completion of an exam. Existing law applies the RBS training requirement to a person who serves alcoholic beverages for consumption, or a person who manages or
supervises that person, on premises licensed to serve alcoholic beverages, including a designee for alcoholic beverage sales and service pursuant to a temporary license. Existing law requires a nonprofit organization that has obtained a temporary daily on-sale license or a temporary off-sale license from the department to designate a person or persons to receive RBS training before the event, and requires that designated person or persons to remain onsite for the duration of the event.</html:p>
<html:p>This bill would provide that instructional tastings under a certified farmers’ market sales permit are subject to the RBS training requirement.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 23399.4 of the
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is amended to read:
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<ns0:Num>23399.4.</ns0:Num>
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(a)
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A licensed winegrower may apply to the department for a certified farmers’ market sales permit. A certified farmers’ market sales permit shall authorize the licensee, a member of the licensee’s family, or an employee of the licensee to sell wine at a certified farmers’ market at any place in the state approved by the department. The licensee may only sell wine that is produced entirely from grapes or other agricultural products and that is bottled by the winegrower. In addition, the permit will allow an instructional tasting event by the licensee on the subject of wine at a certified farmers’ market. The permit may be issued for up to 12 months but shall not be valid for more than one day a week at any single specified certified farmers’ market location. A winegrower may hold more than one certified farmers’ market sales
permit. The department shall notify the city, county, or city and county and applicable law enforcement agency where the certified farmers’ market is to be held of the issuance of the permit. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code, and the regulations adopted pursuant thereto.
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(b)
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(1)
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An instructional tasting event is subject to the authorization and managerial control of the operator of the certified farmers’ market. The licensee, a member of the licensee’s family, or an employee of the licensee may conduct an instructional tasting event for consumers on the subject of wine at a certified farmers’ market.
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(2)
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(A)
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At all times during an instructional tasting event, the instructional tasting event area shall be
separated from the remainder of the market by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier. Only three licensees may conduct an instructional tasting event during the operational hours of any one certified farmers’
market.
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<html:p>
(B)
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The licensee shall not permit any consumer to leave the instructional tasting area with an open container of wine.
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<html:p>
(c)
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The licensee shall not pour more than three ounces of wine per person per day.
</html:p>
<html:p>
(d)
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The licensed winegrower eligible for the certified farmers’ market sales permit shall not sell more than 5,000 gallons of wine annually pursuant to all certified farmers’ market sales permits held by any single winegrower. The licensed winegrower shall report total certified farmers’ market wine sales to the department on an annual basis. The report may be included within the annual report of production submitted to the department, or pursuant to any regulation as may be prescribed by the department.
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(e)
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Except as otherwise provided in this division or by the rules of the department, no premium, gift, free goods, or other thing of value shall be given away by the licensee, a member of the licensee’s family, or an employee of the licensee in connection with an instructional tasting event conducted pursuant to this section that includes tastings of wine.
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<html:p>
(f)
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The fee for any permit issued pursuant to this section shall be the annual fee as specified in subdivision (b) of Section 23320.
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(g)
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Instructional tastings under a certified farmers’
market sales permit shall be subject to RBS training pursuant to Article 4 (commencing with Section 25680) of Chapter 16.
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