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.
(3) (A) A taste testing participant 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 compensation, other than monetary, to a consumer for participation in the taste testing.
(B) The monetary payment shall not exceed five hundred dollars ($500) per participant.
(C) All participants shall receive the same uniform payment for participation on the day of the taste test study.
(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 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 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.