Unsealed beverage container portion cap.

Existing law establishes the State Department of Public Health, which, among other things, administers various programs that prevent disease and promote health. This bill would prohibit a retailer from selling, offering for sale, or otherwise providing to a consumer an unsealed beverage container, as defined, that is able to contain more than 16 fluid ounces, except for an unsealed beverage container designated for the consumption of water. The bill would define retailer to mean any person, firm, corporation, or business that sells, offers for sale, or otherwise provides a sugar-sweetened beverage to a consumer. This bill would make a violation of this prohibition punishable as an infraction, or a civil penalty in an action brought by the Attorney General, or a district attorney, county counsel, or city attorney, of $200 for the first violation, $500 for the second violation, and $1,000 for each subsequent violation. By creating a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.