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| The proposal to update California Code of Regulations Title 4 sections 105-105.2 was originally noticed to the public on October 28, 2022. The proposed regulation had a 45-day comment period that ended at 5:00 pm on December 13, 2022. A public hearing was also held on December 13, 2022. Modifications to the proposed regulations were noticed to the public on January 31, 2023. The 15-day comment period for the modifications to the proposed regulations ended at 12:00 pm on February 16, 2023. An additional 15-day comment period for the second modifications to the proposed regulations began on March 28, 2023, and ended at 12:00 pm on April 12, 2023. Based on comments received during the additional comment period for the proposed modifications, the Department of Alcoholic Beverage Control has made the following changes to the proposed regulations:Clarified definitions for the online price posting systemAdded a definition of “customer” to ensure no confusion over the word being applied to retail customers.Grammatical change to the “delivered” definitionClarification of the “Price Promotion” definitionClarification of the “Depletion Allowance” definitionClarification of Wholesaler’s discretion when participating in price promotionsGrammatical and typo corrections for clarityClarification of the authority to bring administrative actions under this section The necessity of each of these changes will be explained in the Final Statement of Reasons to be submitted at the close of this rulemaking record and the Response to Comments. A copy of the full text of the regulation with the proposed changes indicated can be found here. The third modifications to the proposed language will appear in double underlined italics and deletions will appear in double strikethrough italics. Any interested person may submit a written statement relating to the modified language during the 15-day public comment period from August 16, 2023 to September 1, 2023. The written comment period will close at 12:00 p.m. on September 1, 2023. Submit written comments to: |
| The Department of Alcoholic Beverage Control3927 Lennane Drive, Suite 100 Sacramento, CA 95834Attention: Law and Policy UnitComments may also be submitted by email to [email protected]. |
