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HB396 • 2025

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

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
Last action
2026-05-20
Official status
Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 8 On Its Merits
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Caffeine Warning Symbols in Food Establishments

This act requires large food stores to put warning symbols next to hand-crafted drinks with high caffeine content and tells them how much they might be fined if they don't follow the rules.

What This Bill Does

  • Requires big food stores (with at least 20 locations worldwide) to show warning signs for hand-crafted drinks that contain a lot of caffeine.
  • Makes sure these warnings match the size and style of prices on menus.
  • Requires stores to give this information to websites or apps that show their menu items.

Who It Names or Affects

  • Big food stores with at least 20 locations worldwide
  • All food stores in Delaware, encouraged but not required

Terms To Know

Retail Food Establishment
A place that sells prepared foods and drinks to customers.
Hand-crafted Drinks
Drinks made specially by a person, like smoothies or coffee with added flavors.

Limits and Unknowns

  • Does not apply to alcoholic drinks, regular coffee, tea, or bars.
  • The Department of Health will first warn stores before fining them.
  • Fines start at $50 for the first time and go up to $100 each time after that.

Amendments

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

HA 1

1 • Neal

PWB

Plain English: PWB 1 by Neal

  • The official amendment file could not be read automatically during the last sync, so only the official amendment metadata is shown right now.

Bill History

  1. 2026-05-20 Delaware General Assembly

    Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 8 On Its Merits

  2. 2026-05-05 Delaware General Assembly

    Amendment HA 1 to HB 396 - Introduced and Placed With Bill

  3. 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.