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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Aguiar-Curry

February 17, 2026

An act to add and repeal Section 25600.01 of the Business and Professions Code, relating to alcoholic beverages.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and issuance and suspension of, alcoholic beverage licenses. The Alcoholic Beverage Control Act prohibits a licensee from giving a premium, gift, or free goods in connection with the sale and distribution of any alcoholic beverage, except as provided.

This bill would authorize a licensed winegrower, licensed beer manufacturer, licensed distilled spirits manufacturer, licensed craft distiller, licensed brandy manufacturer, licensed rectifier, or licensed wine rectifier to furnish tastes of alcoholic beverages as part of a bona fide market research study undertaken by or for the licensee for the sole purpose of measuring consumer perceptions with respect to the sensory characteristics of the alcoholic beverages. The bill would authorize the taste testing to be conducted in the state, subject to specified conditions, including, among other things, prohibiting a taste testing participant from being provided more taste samples than is reasonably necessary to formulate an opinion related to the sensory characteristics of an alcoholic beverage.

This bill would repeal these provisions on January 1, 2032.

The people of the State of California do enact as follows:

SECTION 1.

Section 25600.01 is added to the Business and Professions Code, to read:

25600.01.

(a) For purposes of this section, the following definitions apply:

(1) “Appropriate training” means the Responsible Beverage Service (RBS) training course as defined in Section 25680.

(2) “Responsible persons” are individuals certified under an RBS training program, as described in Article 4 (commencing with Section 25680).

(b) A licensed winegrower, licensed beer manufacturer, licensed distilled spirits manufacturer, licensed craft distiller, licensed brandy manufacturer, licensed rectifier, or licensed wine rectifier may furnish tastes of alcoholic beverages as part of a bona fide market research study undertaken by or for the winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier for the sole purpose of measuring consumer perceptions with respect to the sensory characteristics of the alcoholic beverages.

(c) The taste testing may be conducted in the state, subject to all of the following conditions:

(1) A licensed winegrower, licensed beer manufacturer, licensed distilled spirits manufacturer, licensed craft distiller, licensed brandy manufacturer, licensed rectifier, or licensed wine rectifier shall strictly adhere to all state, federal, and local statutory and regulatory provisions that apply to furnishing or consumption of an alcoholic beverage.

(2) (A) Only a responsible person qualified by appropriate training shall be employed to administer or assist with the taste testing.

(B) A responsible person, including an interviewer, shall be at least 21 years of age.

(B) A taste testing participant shall not be provided more taste samples than is reasonably necessary to formulate an opinion related to the sensory characteristics of an alcoholic beverage.

(4) (A) The winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier shall not give inducement or compensation, other than monetary, to a consumer for participation in the taste testing.

(D) The winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier shall not allow the same person to participate in more than three of the licensee’s taste tests per year pursuant to this section.

(5) With the exception of the winegrower’s, beer manufacturer’s, distilled spirits manufacturer’s, craft distiller’s, brandy manufacturer’s, rectifier’s, or wine rectifier’s licensed premises, a winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier shall not conduct a taste testing in or about any location licensed by the department, or at any location that could be reasonably construed as being associated with a licensed premises.

(6) The taste testing shall not be used as a means or subterfuge for furnishing to consumers alcoholic beverage samples prohibited by this division and the department’s rules.

(7) Data, analyses, or conclusions related to the taste testing shall not be used in connection with any advertising or promotional activity. Alcoholic beverages evaluated in the taste testing shall not be sold to any participant in the taste testing on the same day. during a bona fide market research study pursuant to this section shall not be sold on the same day as the bona fide market study to any participant in the bona fide market research study.

(8) The identity of the manufacturer and brands, including packaging, advertising, merchandising concepts, and logos, may be disclosed to participants as part of a taste testing. bona fide market research study.

(9) The winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier shall maintain records of a taste testing pursuant to this section for a minimum of three years.

(10) Any person who holds a wholesaler or retail license, is an employee or agent of a wholesaler or retailer, or has an ownership interest in a wholesaler or retail license shall not be included in or participate in a taste testing.

(d) This section shall remain in effect only until January 1, 2032, and as of that date is repealed.