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California bill could crack down on sale of sodas 16 ounces or greater

A bill introduced to the California state legislature would set penalties of $200, $500, and $1,000 for violations of selling fountain drinks that hold more than 16 fluid oz.

SACRAMENTO, Calif. — Selling a soda that contains more than 16 fluid ounces could lead to possible penalties of up to $1,000 for sellers if a new bill passes in the state legislature.

The recently introduced bill, AB 766, cites links between obesity, diabetes, dental disease, and heart disease and the consumption of sugary drinks, ranging from soft drinks and energy drinks to sweet teas and sports drinks.

Language in the bill also notes that thousands of Californians require medical treatment due to the consumption of those beverages.

David Chiu (D-San Francisco) introduced the bill on Feb. 19, along with a series of other bills that would impact the soda businesses. The series of bills is aimed at reducing the amount of sugary drinks people consume. 

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Generally, the bill would prevent a retailer from selling a fountain drink that can hold more than 16 fluid ounces. Specifically, this would apply to an “unsealed beverage container” that can hold more than 16 fluid ounces, and retailers would not be able to sell it, offer it for sale, or otherwise provide it to a consumer.

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The “unsealed beverage container” is not limited to fountain drinks and can pertain to beverage containers where drinks are poured at the business where the it is purchased or received.

Under the current language of the bill, retailers would mean any “person, firm, corporation, or business that sells, offers for sale, or otherwise provides a sugar-sweetened beverage to a consumer."

According to the bill, a "sugar-sweetened beverage" would mean any "sweetened, nonalcoholic beverage, carbonated or non-carbonated, intended for human consumption that has added caloric sweeteners and contains 75 calories or more per 12 fluid ounces."

That definition would not include beverages with 100 percent natural fruit or vegetable juices with no added sweeteners or dietary aids. A full list can be find in the bill.

Enforcement would come in the way of penalties that are tiered into $200 for the first violation, $500 for the second violation, and $1,000 for each subsequent violation.

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