REQUIRE WARNINGS FOR PREGNANT WOMEN

AT RETAIL LIQUOR ESTABLISHMENTS

House Bill 4112 as amended and referred to second committee

Sponsor:  Rep. Hank Vaupel

1st Committee:  Regulatory Reform

2nd Committee:  Ways and Means

Complete to 2-28-19

SUMMARY:

House Bill 4112 would amend the Liquor Control Code to require all establishments where liquor is sold to have a sign warning of the dangers of drinking while pregnant.

The bill would require all persons licensed to sell alcohol at retail under the act to post in a conspicuous location a sign informing the public of the effects of alcohol consumption during pregnancy. The sign would have to contain the message: “Pregnancy and alcohol do not mix. Drinking alcoholic beverages during pregnancy can cause birth defects.” If the liquor license were for selling alcohol for consumption on the licensed premises (such as at restaurants), the license holder could place the message on a menu instead of posting a sign.

The Liquor Control Commission (LCC) would be charged with including this message on the sign it provides to licensees, and which they are required to post, regarding the prohibition against selling alcohol to anyone under 21 years of age.

The bill would take effect 180 days after its enactment.

Proposed MCL 436.1905a

FISCAL IMPACT:

House Bill 4112 would not have a significant fiscal impact on the Department of Licensing and Regulatory Affairs or any other unit of state or local government. Liquor licensees obtain other required postings from the LCC’s website, so administrative costs for the LCC under this bill would likely be nominal and supported by existing departmental appropriations. Approximately 19,300 establishments would be required to display the signage detailed in the bill.

BRIEF DISCUSSION:

According to the Centers for Disease Control and Prevention (CDC), there is no known safe amount of alcohol use either during pregnancy or when a woman is trying to conceive. Besides the possibility of miscarriage or stillbirth, consuming alcohol when pregnant can cause a range of disabilities known as fetal alcohol spectrum disorders (FASDs). These can include physical, intellectual, and/or behavioral disabilities that persist over a lifetime. In light of the potential for birth defects associated with consuming alcohol while pregnant, proponents of the bill have argued that a sign educating the public as to that danger should be posted wherever alcohol is sold.

POSITIONS:

Representatives of the Michigan Coalition for Fetal Alcohol Resources Education and Support testified in support of the bill. (2-19-19)

The following entities indicated support for the bill (2-19-19):

·         Michigan Council for Maternal and Child Health

·         Michigan Alcohol Policy Promoting Health and Safety

The Michigan Liquor Control Commission indicated no position on the bill. (2-26-19)

                                                                                         Legislative Analyst:   Nick Kelly

                                                                                                 Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations and does not constitute an official statement of legislative intent.