Cal. Code Regs. tit. 4, § 165.1
Curriculum Requirements for How to Prevent or Protect a Person from Drink Spiking.
Effective Apr 1, 2026Register 2026, No. 2Authority cited: Section 22, Article XX, California Constitution, 25681(a), 25681(f) and 25685(a), Business and Professions Code. Reference: Section 25680(c)(1), Business and Professions Code.State of California
(a) Methods of creating a safe environment.
- (1) Staff to observe patrons and report behavior indicating drink spiking to managers.
- (2) Knowledge and enforcement of capacity limits and creation of a crowd control plan for the licensed premises.
(3) Establish policies or procedures to prevent drink spiking in drinks served.
- (A) Drink lids being available by request pursuant to Business and Professions Code section 25625 in a Type 48 licensed premises.
(B) Develop testing kit policies and trainings to ensure the use, reading, and understanding of the testing kits in use at the licensed premises by employees of the licensee.
- (i) Type 48 licensees are required to comply with Section 25624 by posting signs notifying customers about the availability of drink spike testing kits and providing testing kits upon request. Other licensees are not required to post but may institute similar policies.
- (ii) Drug testing devices most commonly test for ketamine and gamma-hydroxybutyric acid (GHB) flunitrazepam and may include but are not limited to test strips, stickers, and straws.
- (C) Develop policies and trainings for employees of the licensed premises on how to handle unattended drinks.
(b) Best practices on how to recognize drink spiking, which includes observation of the following by persons required to obtain an alcohol server certification
1) Person appears intoxicated after ingesting little or no alcohol at all.
2) Complaints about the strength of the drinks being served.
3) Dizziness or nausea.
4) Sudden loss of bladder or bowel control.
5) Sudden body temperature changes.
Curriculum required in an approved training provider program pursuant to section 25681(f)(1)(A) of the Business and Professions Code shall include all the following:
Note: Authority cited: Section 22, Article XX, California Constitution, 25681(a), 25681(f) and 25685(a), Business and Professions Code. Reference: Section 25680(c)(1), Business and Professions Code.
History
1. New section filed 1-8-2026; operative 4-1-2026 (Register 2026, No. 2).