AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS.

Legislation Document

SPONSOR:

Rep. Neal & Sen. Lockman & Rep. Kamela Smith

Reps. Romer, Minor-Brown

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 394

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS.

WHEREAS, the American Academy of Pediatrics (AAP) recommends that children under 12 avoid caffeine entirely; and

WHEREAS, the AAP recommends that for adolescents 12 through 18 years of age, caffeine should be limited to less than 100 mgs per day; and

WHEREAS, energy drinks are considered inappropriate for all children and teens due to high caffeine and sugar levels.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 30S. Purchase and Sale of Energy Drinks and Caffeinated Dietary Supplements

§ 3001S. Definitions.

For purposes of this chapter:

(1) “Caffeinated dietary supplement” means any product marketed for human consumption that is not regulated as a food and is in the form of a tablet, capsule, powder, liquid, or similar delivery mechanism that contains 100 or more milligrams of caffeine per serving.

(2) “Dealer” means an individual, business, partnership, corporation, limited liability company, trust, or association engaged in the business of selling energy drinks to retail consumers in the State.

(3) “Energy drink” means a beverage that contains 100 or more milligrams of caffeine per 8 fluid ounces and is advertised as being specifically designed to provide energy, generally including a combination of methylxanthines, B vitamins, and herbal ingredients. An energy drink does not include a beverage that solely contains caffeine brewed or steeped from coffee beans or tea leaves.

§ 3002S. Prohibitions; penalties.

(a) A dealer may not sell an energy drink or caffeinated dietary supplement to an individual under 18 years of age.

(b) A dealer, agent, or employee of the dealer must require an individual attempting to purchase an energy drink or caffeinated dietary supplement, whose age is in question, to present a valid form of identification displaying the individual’s age. If an individual fails to present identification, a dealer, agent, or employee may not sell an energy drink to the individual.

(c) Any dealer who violates the provisions of this section will be:

(1) Issued a warning for the first offense.

(2) Fined no more than $50 for a second offense occurring not more than 1 year after the first offense.

(3) Fined no more than $100 for a third or subsequent offense occurring not more than 1 year after a prior offense.

(d) The Division of Public Health shall enforce this section.

Section 2. This Act takes effect 1 year after enactment.

SYNOPSIS

This Act establishes a prohibition on the sale of energy drinks or caffeinated dietary supplements to minors. This Act does not prohibit a minor from possessing or consuming energy drinks or caffeinated dietary supplements.

The Division of Public Health will be responsible for enforcement of this Act. A dealer who violates this provision will be: (1) issued a warning for the first offense; (2) fined no more than $50 for a second offense occurring not more than 1 year after the first; and (3) fined no more than $100 for a third or subsequent offense occurring not more than 1 year after a prior offense.

This Act takes effect 1 year after enactment.