HB396 • 2025

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Neal
Last action: 2026-06-24
Official status: Lieu/Substituted 6/4/26
Effective date: Not listed

Plain English Breakdown

The official text defines 'High caffeine' as exceeding 100 mg, which means exactly 100 mg is not covered. The original summary used 'or more', which was corrected.

Delaware Law on Warning Labels for High Caffeine Drinks

This law requires large restaurant chains in Delaware to put warning symbols next to hand-made drinks with high caffeine levels, while smaller businesses are encouraged but not forced to do the same.

What This Bill Does

Requires restaurants with at least 20 locations worldwide to place warning symbols on menus for hand-crafted drinks containing more than 100 mg of caffeine per serving.
Mandates that these warning symbols must be printed in the same font size as the prices listed on the menu and includes a key explaining what the symbols mean.
Requires businesses to share this same warning information with third-party delivery apps or websites that display their menus.
Exempts bar establishments, alcoholic drinks, traditional coffee, and tea from these labeling rules.
Sets up a process where health officials issue a warning first before charging fines for violations.

Who It Names or Affects

Retail food establishments in Delaware that have at least 20 locations globally
Smaller retail food establishments, which are encouraged but not required to follow the rules
Third-party delivery platforms that show menu information from these businesses

Terms To Know

Hand-crafted beverage: A drink made by hand at the service location by a barista, bartender, or server.
High caffeine: Any hand-crafted drink that contains more than 100 milligrams of caffeine per serving.

Limits and Unknowns

The law does not take effect until one year after it is signed into law.
Fines only apply if a business fails to fix the problem within 90 days of receiving an official warning.
Traditional coffee and tea are exempt, but juice-based drinks infused with coffee or tea must follow the rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Neal

PWB 5/5/26

Plain English: This amendment changes the bill so it only applies to large businesses with over 20 stores located specifically in Delaware instead of anywhere in the world.

The rule now targets companies that have more than 20 locations within Delaware, rather than counting their total number of locations worldwide.
Bars and restaurants are officially exempt from these new caffeine disclosure rules if they sell alcoholic beverages.

Bill History

2026-06-24 Delaware General Assembly
Substituted in House by HS 1 for HB 396
2026-06-23 Delaware General Assembly
Substituted in House by HS 1 for HB 396
2026-06-10 Delaware General Assembly
Substituted in House by HS 1 for HB 396
2026-06-04 Delaware General Assembly
Substituted in House by HS 1 for HB 396
2026-05-20 Delaware General Assembly
Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 8 On Its Merits
2026-05-05 Delaware General Assembly
Amendment HA 1 to HB 396 - Introduced and Placed With Bill
2026-04-30 Delaware General Assembly
Introduced and Assigned to Health & Human Development Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS.
This Act requires retail food establishments in the State with at least 20 locations globally, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted drinks that contain high caffeine in the same font size as prices listed on the menu with an explanation of these symbols, and provide this same content to third party platforms that display menu information.
This Act exempts alcoholic, coffee, and tea beverages as well as bar establishments.
The Department of Health will first issue a warning. If the retail food establishment does not cure the violation after receiving the warning, a fine of not more than $50 shall be assessed for a first violation, and not more than $100 for each subsequent violation.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Neal & Sen. Lockman

Reps. Romer, Minor-Brown

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 396

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CAFFEINE DISCLOSURE REQUIREMENTS.

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

Section 1. Amend Chapter 45, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

CHAPTER 45.

Food and Storage [Repealed].

Caffeine Disclosure Requirements.

§ 4501-4511. Definition of food; applicability; marking date of receipt of food for storage or refrigerating; removing food without marking storage date; storage longer than 12 months; inspection and supervision by health boards; rules and regulations; quarterly report by warehousepersons; report of food stored longer than 12 months; certificate of board of health authorizing delivery; extension of time for delivery; transfer from 1 refrigerating warehouse to another; disposition of food kept longer than prescribed time; disposal of cold storage poultry, game or eggs; penalties [Repealed].

§ 4501. Definitions.

For purposes of this section:

(1) “Hand-crafted beverage” means any drink that requires a barista, bartender, or server to create the drink by hand at the service location.

(2) “High caffeine” means a hand-crafted beverage that exceeds 100 mg or more of caffeine per serving.

(3) “Menu” means a printed list, paper list, digital list (QR Code), or any other communication detailing the name or image of a beverage item, or food item being sold, or provided by, a retail food establishment.

(4) “Retail food establishment” means a business that sells food and beverages directly to consumers.

(5) “Temporary menu item” means an item that appears on a menu for less than 60 consecutive days.

§ 4502. Mandatory menu warnings for high caffeine beverages.

(a) A retail food establishment with at least 20 locations globally is required, while all other retail food establishments are encouraged, to do the following:

(1) Provide warning symbols next to the hand-crafted beverage items that have high caffeine content on any menu or other place where beverages may be found by a consumer of the retail food establishment. The warning symbols must be the same font size as prices that are listed on the menu. The menu must include an explanation or key of the symbols that indicate which beverages have high caffeine content.

(2) Provide the content described in paragraph (a)(1) of this subsection in the same manner on menus utilized by third party delivery platforms.

(b) Retail food establishments are encouraged, but not required, to use warning symbols required by this subsection on temporary menu items.

§ 4503. Exemptions.

Bar establishments and alcoholic beverages are exempt. Traditional coffee and tea beverages, not to include coffee or tea infused juice-based beverages, are also exempt.

§ 4504. Enforcement.

(a) A retail food establishment that violates the provisions of this chapter must first receive a warning from the Division of Public Health. If the retail food establishment does not cure the violation within 90 days of receiving the warning, a retail food establishment may be fined not more than $50 for a first violation and not more than $100 for each subsequent violation.

(b) The Division of Public Health has the authority to investigate and enforce the provisions of this chapter.

(d) A retail food establishment has the right to cure a first violation and second violation by offering proof they are in compliance with these requirements within 90 days of receiving notice of the violation from the Department of Public Health.

Section 2. This Act takes effect 1 year after its enactment into law.

SYNOPSIS

This Act requires retail food establishments in the State with at least 20 locations globally, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted drinks that contain high caffeine in the same font size as prices listed on the menu with an explanation of these symbols, and provide this same content to third party platforms that display menu information.

This Act exempts alcoholic, coffee, and tea beverages as well as bar establishments.

The Department of Health will first issue a warning. If the retail food establishment does not cure the violation after receiving the warning, a fine of not more than $50 shall be assessed for a first violation, and not more than $100 for each subsequent violation.