Updated November 8, 2026. This article was first written on November 2, 2026, about six weeks after AB 1991 was signed and before it takes effect. It describes the statute as enacted; it is not yet in force as of this update. Later developments are kept separate in the “Current context” section near the end. It is general information, not legal advice.
A new rule for paid taste tests, with RBS at the center
Alcohol producers have always wanted to know what consumers think of a new recipe, a new barrel program, or a new flavor. In California, getting that feedback has run into a basic rule: the Alcoholic Beverage Control Act generally prohibits licensees from giving a premium, gift, or free goods in connection with the sale and distribution of alcoholic beverages, except as the law provides.
Assembly Bill 1991 (Aguiar-Curry, Chapter 282, Statutes of 2026), approved by the Governor on September 18, 2026, creates a narrow exception for bona fide market research. It adds section 25600.01 to the Business and Professions Code. One feature makes it directly relevant to responsible beverage service: the people who run these taste tests must be RBS-certified.
When it takes effect
AB 1991 does not contain an urgency clause. Under California’s general rule, a non-urgency statute enacted in a regular session takes effect on January 1 of the following year, so section 25600.01 is expected to take effect on January 1, 2027. Until then, producers should not run taste tests in reliance on it. The section also has an end date: subdivision (d) says it “shall remain in effect only until January 1, 2032, and as of that date is repealed.”
Who may run a taste test
Subdivision (b) lists the licensees covered: a licensed winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier. Each “may furnish tastes of alcoholic beverages as part of a bona fide market research study undertaken by or for” the licensee “for the sole purpose of measuring consumer perceptions with respect to the sensory characteristics of the alcoholic beverages.”
Two phrases in that sentence set the boundaries. The study must be “bona fide,” and its “sole purpose” must be measuring sensory perceptions: taste, aroma, appearance, mouthfeel. It is not a promotional event, a launch party, or a tasting room by another name.
The RBS requirement
Section 25600.01 defines “appropriate training” as the Responsible Beverage Service training course defined in section 25680, and “responsible persons” as individuals certified under an RBS training program under Article 4. It then requires:
- “Only a responsible person qualified by appropriate training shall be employed to administer or assist with the taste testing.”
- “A responsible person, including an interviewer, shall be at least 21 years of age.”
That extends RBS certification beyond the bar and tasting room into research settings. A market research firm hired by a winery or brewery will need interviewers and assistants with current RBS certification, not just survey skills.
Participant protections
The statute limits who can take part and how much they can be served:
- Age. “A taste testing participant shall be at least 21 years of age.”
- Quantity. A participant “shall not be provided more taste samples than is reasonably necessary to formulate an opinion related to the sensory characteristics of an alcoholic beverage.”
- Frequency. The licensee “shall not allow the same person to participate in more than three of the licensee’s taste tests per year.”
- Industry exclusion. Anyone who holds a wholesaler or retail license, is an employee or agent of a wholesaler or retailer, or has an ownership interest in one “shall not be included in or participate in a taste testing.”
The quantity rule is where RBS skills matter most. “Reasonably necessary” is a judgment, and the responsible person administering the test is the one making it in real time.
Payment rules
Paying participants is normal in market research. The statute allows it within limits:
- No compensation “other than monetary” may be given.
- The monetary payment “shall not exceed five hundred dollars ($500) per participant.”
- “All participants shall receive the same uniform payment for participation on the day of the taste test study.”
The monetary-only rule rules out paying participants in bottles, merchandise, or vouchers. The uniform-payment rule prevents rewarding particular participants based on their answers.
Where tests can and cannot happen
Subdivision (c)(5) is strict about location. Except at the producer’s own licensed premises, a covered licensee “shall not conduct a taste testing in or about any location licensed by the department, or at any location that could be reasonably construed as being associated with a licensed premises.”
That keeps research out of bars, restaurants, and stores. A brewery could run a study at its own brewery, or at a neutral research facility, but not in the back room of a retail customer’s bar. The rule fits with the tied-house principles discussed in our article on payments between retailers and suppliers.
Guardrails against misuse
Three more conditions keep the exception from becoming a marketing tool:
- No subterfuge. The taste testing “shall not be used as a means or subterfuge for furnishing to consumers alcoholic beverage samples prohibited by this division and the department’s rules.”
- No advertising use. “Data, analyses, or conclusions related to the taste testing shall not be used in connection with any advertising or promotional activity.”
- No same-day sales. Beverages evaluated in the study “shall not be sold on the same day as the bona fide market study to any participant.”
The statute does allow brand disclosure. Under subdivision (c)(8), “the identity of the manufacturer and brands, including packaging, advertising, merchandising concepts, and logos, may be disclosed to participants.” Producers can test packaging concepts as well as liquids, but they cannot turn results into an ad claim.
Records
Subdivision (c)(9) requires the licensee to “maintain records of a taste testing pursuant to this section for a minimum of three years.” The statute does not list specific record contents. Sensible records would include the date and location, the products tested, participant eligibility checks, the frequency count for each participant, payments made, and the names and RBS certification of every responsible person who worked the session.
The frequency limit makes good records essential. A producer cannot confirm that no one has participated more than three times in a year without a reliable participant log.
Running a compliant session
For producers planning studies in 2027, a session plan might look like this:
- Staffing. Confirm every interviewer and assistant is 21 or older and holds current RBS certification. Keep copies.
- Recruiting. Screen out anyone connected to a wholesale or retail license. Check the participant log for prior sessions.
- Check-in. Verify age with valid identification for every participant.
- Sample design. Plan the smallest number and size of samples that will support the sensory questions, and write it into the protocol.
- Observation. Responsible persons watch for signs of impairment and stop serving any participant who shows them.
- Payment. Pay every participant the same cash amount, at or below $500.
- After the session. Do not sell the tested products to participants that day. Arrange safe transportation options if needed.
- Records. File everything for at least three years.
Why responsible service still applies
A research session can feel clinical, but the participants are still drinking. The responsible person’s job includes the same core skills taught in RBS training: checking age, recognizing intoxication, slowing or stopping service, and making sure people leave safely. Small samples add up over a long session with several products.
The rules echo what good tasting rooms already do. Our guide to tasting menus, flights, and responsible pours covers how to manage multiple small servings, and our article on the AB 445 glassware exception shows another example of the Legislature creating a narrow, conditioned exception to tied-house rules.
What research firms should know
Many producers will hire outside firms to run studies. The statute allows a study “undertaken by or for” the licensee, so outsourcing is contemplated. But the obligations in subdivision (c) are written as duties of the licensee: the licensee must strictly adhere to all applicable laws, the licensee may not give non-monetary compensation, the licensee must limit participation to three tests a year, and the licensee must keep records. A producer cannot hand those responsibilities to a vendor and walk away.
A sensible contract with a research firm would require RBS-certified staff, written sample protocols, participant screening for age and industry connections, a shared participant log across all of the producer’s studies, uniform cash payments, and delivery of complete records to the producer after each session. It should also prohibit holding sessions at or near any retail-licensed location.
Research firms that have not worked in alcohol before may underestimate the RBS requirement. California’s RBS certification involves training and an exam, and staff need to complete it before they can work a session. Building that lead time into the project schedule avoids last-minute substitutions with uncertified staff.
Questions producers ask
Can we run a study now and pay participants? Section 25600.01 is not expected to take effect until January 1, 2027. Until then, it provides no authority for paid taste tests.
Can we hold the study at a restaurant that carries our wine? No. Except at the producer’s own licensed premises, the statute bars tests at any department-licensed location or a location that could reasonably be construed as associated with one.
Can we say “preferred by consumers in a taste test” on our label? No. Data, analyses, or conclusions from the testing may not be used in advertising or promotion.
Can we give participants a bottle instead of cash? No. Only monetary compensation is allowed.
Current context as of November 8, 2026
As of this update, AB 1991 has not yet taken effect, and ABC’s Industry Advisories page does not list an advisory on the new market research exception. Producers should watch for ABC guidance before January 1, 2027, and should not begin paid taste tests under section 25600.01 before the law takes effect.
The bottom line
AB 1991 will let California alcohol producers pay adults to taste products for genuine sensory research, starting in 2027, under tight conditions. RBS-certified staff must run every session, samples must be limited to what is reasonably necessary, payments are cash only and capped at $500, and the results cannot be used to sell. Plan the staffing and records now.
Certify Your Research and Tasting Staff
AB 1991 puts RBS certification at the center of taste testing. ServeTrain’s ABC-approved online course helps California staff get certified before studies begin. Before enrolling, register or log in to your RBS Portal account with ABC and confirm your chosen course appears in the portal’s training provider search.
Sources
- AB 1991 (Aguiar-Curry, Chapter 282, Statutes of 2026), bill text
- ABC Industry Advisories (current note)
This article is general information, not legal advice.
