§ 25607.3. Alcoholic Beverage Exposure Warnings - Methods of Transmission
(a) A warning for exposures to alcoholic beverages meets the requirements of this subarticle if it complies with the content requirements in Section 25607.4 and is provided using the following methods, as specified:
(1) For alcoholic beverages sold at a physical location:
(A) An 8 1/2 by 11 inch sign in no smaller than 22-point type, placed at eye level so that it is readable and conspicuous to customers as they enter the area or areas where, by permit or license, alcoholic beverages are served or,
(B) A notice or sign no smaller than 5 by 5 inches placed at each retail point of sale or display so as to assure that it is readable and conspicuous. The warning message must be in a type size no smaller than 20-point type and be enclosed in a box or,
(C) For alcoholic beverages provided for consumption on the premises served by food or beverage persons, or sold through an over-the-counter service, the warning message is provided on a menu or list identifying the alcoholic beverages served on the premises. If there is no menu or list identifying the alcoholic beverages served on the premises, then the warning message is provided on the menu or list identifying the food or other beverages sold on the premises.
(2) For alcoholic beverages delivered to consumers in California at a location other than the point of sale: a product-specific warning provided to the purchaser or delivery recipient prior to or during the purchase of the product.
(3) For alcoholic beverages sold over the internet or through a catalog:
(A) In addition to the warning provided on the internet site or in the catalog as specified in subsections 25602(b) and (c), a warning must also be provided to the purchaser or delivery recipient prior to or contemporaneously with the delivery of the product using the content in Section 25607.4. The warning must be readable and conspicuous to the recipient prior to consumption of the alcoholic beverages, and must be provided using one or more of the following methods:
1. On or in the shipping container or delivery package in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall the warning appear in a type size smaller than 8-point or,
2. By email or text message as part of the electronically delivered receipt or confirmation for the applicable purchase.
(b) The warning must be provided in English and in any other language used for labeling or advertising the product on the premises, the internet, including mobile device applications, or catalog.(1. New section filed 8-30-2016; operative 8-30-2018 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 36). 2. Change without regulatory effect amending section heading filed 8-30-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 35). 3. Amendment filed 1-13-2021; operative 4-1-2021 (Register 2021, No. 3). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.))
Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 25249.6 and 25249.11, Health and Safety Code.
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