§ 25170. Label; Contents.
Any person who delivers to the premises of any on- or off-sale general licensee, or any on- or off-sale general licensee who has upon his licensed premises, or any person who possesses any distilled spirits the container of which does not bear a label plainly indicating the quantity and proof strength of the contents and the name of the manufacturer, rectifier, importer, or wholesaler thereof is guilty of a misdemeanor. To the extent that such information is blown into the glass of the container, it constitutes a compliance with this section.
(Added by Stats. 1953, Ch. 152.)
§ 25171. Conformity with federal standards.
Any rectifier or wholesaler of distilled spirits who delivers to the premises of any on- or off-sale general licensee or any on- or off-sale general licensee who sells or has in his possession at the licensed premises distilled spirits in packages containing standards of fill for distilled spirits which do not conform in all respects to the federal standards established pursuant to the regulations issued under the Federal Alcohol Administration Act (27 U.S.C. Secs. 201 et seq.) and any amendments thereto is guilty of a misdemeanor.
(Amended by Stats. 1980, Ch. 24, Sec. 2.)
§ 25171.1. Conformity with federal standards; Exception.
The provisions of Section 25171 shall not apply to any sightseeing, tourist or charter vessels holding on-sale general licenses for boats and regularly operated for the convenience of the general public and which have a capacity of carrying 100 or more passengers.
(Added by Stats. 1975, Ch. 647.)
§ 25172. Packages or containers larger than one gallon.
Any unlicensed person or any on- or off-sale general licensee who has in his possession any distilled spirits in packages or containers larger than one gallon is guilty of a misdemeanor, unless the distilled spirits have been sold and delivered to the person or licensee by the holder of an industrial alcohol dealer’s, distilled spirits manufacturer’s, brandy manufacturer’s, or rectifier’s license for use in the trades, professions, or industries.
(Added by Stats. 1953, Ch. 152.)
§ 25173. Packages or containers larger than one gallon; Label.
Any industrial alcohol dealer, distilled spirits manufacturer, craft distiller, brandy manufacturer, or rectifier who delivers undenatured ethyl alcohol or other distilled spirits in packages of more than one gallon for use in the trades, professions, or industries is guilty of a misdemeanor, unless the packages bear a label plainly stating the true and correct name and address of the industrial alcohol dealer, distilled spirits manufacturer, brandy manufacturer, or rectifier.
(Amended by Stats. 2018, Ch. 695, Sec. 6. (SB 1164) Effective January 1, 2019.)
§ 25174. Seizure of spirits.
The department may seize any distilled spirits sold, served, removed, possessed, delivered, or held in any manner in violation of Sections 25170 to 25173, inclusive.
(Amended by Stats. 1955, Ch. 447.)
§ 25175. Products labeled as whiskey.
Any person who sells at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20 or more percent of straight whiskey or whiskeys which have been aged in charred oak containers for three or more years after distillation and before bottling is guilty of a misdemeanor, except that this section does not prohibit the sale at retail of unaged corn whiskey, when so labeled, or the sale at retail of gins, brandies, rums, cordials, liqueurs, bitters, or other distilled liquor products, or products compounded of distilled spirits and other materials, when in no wise labeled as whiskey or blended whiskey or blends of straight whiskeys, or the sale at retail of Scotch whiskeys, or spirit whiskeys containing not less than 5 percent straight whiskey, three years old or older.
(Amended by Stats. 1984, Ch. 921, Sec. 1.)
§ 25176. Refilling containers.
Every person who refills or causes to be refilled with distilled spirits any distilled spirits container is guilty of a misdemeanor.
(Amended by Stats. 2009, Ch. 68, Sec. 2. (SB 825) Effective January 1, 2010.)
§ 25177. Sale of spirits in refilled container.
Every person who sells, offers for sale, or keeps for sale distilled spirits in any package which has been refilled or partly refilled is guilty of a misdemeanor.
(Added by Stats. 1953, Ch. 152.)
§ 25178. Sale of empty distilled spirits bottle.
No on-sale general licensee or any person employed by such licensee shall sell, offer for sale, or keep for sale an empty distilled spirits bottle. No criminal penalty shall be imposed for a violation of this section. For such a violation the department may impose a monetary penalty of not more than one hundred dollars ($100) or suspend or revoke a license.
(Repealed and added by Stats. 1973, Ch. 177.)
§ 25179. “California agave spirits” or similar labeling.
(a) Only agave spirits produced entirely from agaves grown within California, without flavoring or coloring additives, may be labeled with the words “California agave spirits” or any combination of the words “California agave spirits,” “California agave,” or a substantially similar description. This section does not preclude the use of the word “California” to describe the location of a distillery.
(b) The department may seize agave spirits labeled in violation of this section, regardless of where they are found, and may dispose of the spirits pursuant to Section 25355.
(Added by Stats. 2022, Ch. 694, Sec. 1. (AB 2303) Effective January 1, 2023.)