AB 1982 Makes Type 48 Drink Lid and Test Kit Rules Permanent: What Bars Need to Do

Updated November 8, 2026. This article was first written on October 13, 2026, four days after ABC issued an advisory on AB 1982. It describes the statute and guidance as they stood then. Later developments, if any, are kept separate in the “Current context” section near the end. It is general information, not legal advice.

The drink lid and test kit rules are here to stay

Since July 2024, California bars and nightclubs holding Type 48 licenses have had to offer drug testing devices, provide drink lids on request, and post a notice about both. Those requirements, in Business and Professions Code sections 25624 and 25625, were written with an expiration date of January 1, 2027.

That date is gone. Assembly Bill 1982 (Lowenthal, Chapter 377, Statutes of 2026), approved by the Governor on September 20, 2026, repeals the sunset. The Legislative Counsel’s digest says the bill “would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.” It also gives licensees a choice between two notices.

On October 9, 2026, ABC issued an industry advisory, “Type 48 Licenses: Drug Testing Device and Drink Lid Availability Requirements Extended Indefinitely,” stating that the change makes “these safety protocols permanent.” Its FAQ answers the question directly: “these laws have been permanently extended and will not self-repeal in the future.”

We covered the original requirements in our AB 1013 readiness checklist and the lid rules in our article on Type 48 drink lids under AB 2375. This article walks through the sections as amended.

Who is covered

Both sections apply to “an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license.” ABC’s advisory adds that the requirements apply to Type 48 license holders “including those issued an interim operating permit.”

Drug testing devices: section 25624

Section 25624 defines “drug testing devices” as “test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.” “Controlled substances” includes, but is not limited to, flunitrazepam, ketamine, and GHB, along with other names for GHB listed in the statute.

The core requirements:

• Offer devices. The licensee “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.” Subdivision (d) says nothing prevents offering them free of charge.
• Keep them current. Under subdivision (f), the licensee must ensure that all testing devices “have not exceeded their expiration date or recommended period of use,” according to the label, packaging, or manufacturer.
• Post a notice. Subdivision (c) requires one of two notices “in a prominent and conspicuous location.”

Subdivision (e) adds protection for the business: “A Type 48 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.”

Drink lids: section 25625

Section 25625 requires the licensee to, “upon request, provide a lid with a customer’s drink.” A “lid” means “a removable cover of any size that attaches to the rim of a beverage.” The statute adds that the lid “is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.”

The licensee may charge for a lid, but the fee “shall not exceed a reasonable amount based on the wholesale cost of those lids.” Lids may also be offered free.

The two approved notices

AB 1982 lets licensees post either of two notices. Both appear in sections 25624(c) and 25625(a)(2):

1. “Don’t get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.”
2. “Drink spiking is a crime we take seriously. Concerned about your drink? Drink lids and test kits are available—ask a staff member for details.”

ABC’s advisory says licensees must post one of these notices “verbatim,” and it offers printable versions of both. The second option gives venues a more measured tone, which some operators may prefer.

Penalties and the first-offense warning

Both sections say that, notwithstanding section 25617, a violation “is not a crime.” ABC’s advisory adds that violations “may result in administrative action against the license.”

Section 25625(e) includes a softer first step for lids: “A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.” That provision appears in section 25625; section 25624, covering test devices, does not contain the same language. Operators should not treat the warning as a guarantee for every type of violation.

ABC’s practical answers

The October 9 advisory includes an FAQ that settles several day-to-day questions:

• Must each kit test for all three listed drugs? No. ABC says that as long as a licensee offers tests that can detect at least one controlled substance used to drug someone via a beverage, “such as GHB, ketamine, or flunitrazepam, that would be considered compliant.”
• What do devices cost? ABC says there are devices “that can be readily purchased in bulk for less than $1.00 per device,” and that the most common and widely available strips test for GHB and ketamine. ABC does not recommend specific manufacturers.
• Is a napkin a lid? No. ABC says a lid “is a removable cover that attaches to the rim of a beverage.”
• Do lids need to fit every glass? No. If a customer requests a lid, ABC says the drink “should be served in a cup/glassware/container that the lid fits.”
• What counts as prominent and conspicuous? ABC says the sign “must be both clearly visible and readable to patrons present.”

What else the amended sections say

Beyond the sunset and the second notice, the amended sections keep several provisions that are easy to overlook. Section 25624(h) still requires ABC to post on its website a page with information about the requirements, “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 48 licensed premises.” The October 9 advisory, with its printable signs and FAQ, serves that purpose.

The sections also apply to applicants, not only existing licensees. A business applying for a new permanent Type 48 license, or operating under an interim permit while its application is processed, should set up lids, devices, and signage before opening night rather than after the license is issued.

Finally, the statute leaves the choice of free or paid devices and lids to the licensee, within the wholesale-cost limit. Many venues find that offering them free is simpler: no pricing decisions, no register entry, and no hesitation from a worried guest.

Questions guests ask

Staff will hear the same questions repeatedly. Short, accurate answers help:

• “Do you have lids?” Yes. Hand one over with the drink, in a glass or cup the lid fits.
• “Can I test my drink?” Yes. Provide a device and explain where to find the instructions on the package.
• “Does the test catch everything?” No test detects every substance. Encourage the guest to tell staff right away if they feel unwell, regardless of the result.
• “Why do you have these?” California requires them at bars like ours, and we want guests to feel safe.

Making the rules work behind the bar

Permanent requirements deserve permanent systems. A few habits make compliance routine:

1. Stock in two places. Keep test devices and lids at every service station, not just one bar well.
2. Check dates monthly. Expired devices do not comply. Add a date check to the monthly inventory.
3. Pair glass and lid. Identify which glass or cup your lids fit, and keep that glassware stocked for lid requests.
4. Check the sign. Confirm one approved notice is posted verbatim where guests can read it.
5. Train the response. Staff should hand over a lid or test without questions or attitude.

When a test is positive

The law requires access to tests; it does not script what happens next. Venues should have a plan:

• Take the guest’s concern seriously and move them somewhere safe and calm.
• Bring in a manager immediately.
• Set the drink aside rather than pouring it out.
• Watch for signs of a medical emergency and call 911 if the guest appears unwell.
• Help the guest contact a trusted friend, and offer to contact police if they wish.
• Document the incident, including the time, what the guest reported, the test result, and what staff did in response. A written record helps managers review the response afterward and supports the guest if they choose to report the incident.

Remember that subdivision (e) of section 25624 protects the licensee from liability for a defective or inaccurate test. That protection should make staff more willing, not less, to offer tests freely.

How this fits with RBS training

Drink spiking awareness is becoming part of the standard responsible service toolkit in California. Our article on AB 2402 and drink spiking content in RBS training covers how training content is expected to change in 2027. The lid and test kit rules are the practical, everyday side of that same effort: they give guests tools, and they give staff a clear way to respond.

A compliance checklist for Type 48 venues

• One approved notice posted verbatim in a prominent, readable location.
• Unexpired drug testing devices available for sale at a reasonable wholesale-based price, or free.
• Lids available on request, fitting at least one container you serve in.
• Glassware that matches your lids kept stocked.
• Monthly expiration date check logged.
• Staff trained on handing out lids and tests, and on what to do after a positive result.
• Interim permit holders following the same rules.

Current context as of November 8, 2026

As of this update, ABC’s Industry Advisories page lists the October 9, 2026 advisory as current guidance on these requirements. We have seen no later change to sections 25624 or 25625. Because the sunset was repealed, January 1, 2027 is no longer an end date for these rules.

The bottom line

AB 1982 makes California’s Type 48 drink lid and drug test kit requirements permanent and adds a second approved notice. Keep devices unexpired and affordable, provide lids that fit at least one glass, post one approved sign verbatim, and train staff to respond calmly when a guest asks for help.

Sources

1. AB 1982 (Lowenthal, Chapter 377, Statutes of 2026), bill text
2. ABC Industry Advisory: Type 48 Licenses: Drug Testing Device and Drink Lid Availability Requirements Extended Indefinitely (Oct. 9, 2026)
3. ABC Industry Advisories (current note)

This article is general information, not legal advice.