20250AB__108199INT INTRODUCED 2025-02-20 AB INT Introduced by Assembly Member Macedo LEAD_AUTHOR ASSEMBLY Macedo

An act to amend

Section of the Business and Professions Code, relating to alcoholic beverages. alcoholic beverages On-sale general public premises: drug testing devices. The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of and the conditions imposed upon various alcoholic beverage licenses.

The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type license to offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices. The act defines “drug testing devices” for this purpose to mean specified devices designed to detect the presence of controlled substances in a drink.

The act defines “controlled substances,” for these purposes, to include specified substances, including, but not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, as provided. This bill would additionally specify that, for the above-described purposes, the definition of “controlled substances” also includes carfentanil and fentanyl. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Business and Professions Code is amended to read: 25624. (

a) For purposes of this section, the following

definitions apply: (1) “Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. (2) “Controlled substances” includes, but is not limited to, carfentanil, fentanyl, flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by other names, including GHB, gamma hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate. (

b) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type license shall offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices. (

c) A licensee subject to subdivision (

b) shall post the following notice in a prominent and conspicuous location: “Don’t get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.” (

d) This

section does not prevent a Type licensee from offering drug testing devices to their customers free of charge. (

e) A Type licensee shall not be held liable for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result. (

f) A Type licensee shall ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or otherwise recommended by the manufacturer. (

g) Notwithstanding

Section 25617, a violation of this

section is not a crime. (

h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type licensed premises. (

i) This

section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.