AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.

Plain English Breakdown

The effective date is missing from the source material; it will likely be set after Governor approval or by a specific statute section not included here.

Ban on Selling Energy Drinks at Delaware Middle and High Schools

This law stops schools from selling energy drinks to students during regular school hours and extended school activities.

What This Bill Does

• Prohibits the sale of energy drinks on middle and high school campuses in Delaware during regular school hours and the extended school day.
• Defines an energy drink as a caffeinated beverage advertised to provide energy, usually containing methylxanthines, B vitamins, or herbal ingredients.
• Excludes beverages that solely contain caffeine brewed from coffee beans or steeped from tea leaves from the definition of an energy drink.

Who It Names or Affects

• Public middle schools in Delaware
• Public high schools in Delaware
• Charter schools in Delaware

Terms To Know

Campus

Areas of property under the control of a school district or charter school that students can access.

Energy drink

A caffeinated beverage advertised to provide energy, usually containing methylxanthines, B vitamins, and herbal ingredients. It does not include plain coffee or tea made from beans or leaves.

Extended school day

Any required or optional school activity students attend, such as clubs, sports events, band practice, student government, drama performances, and dances.

Limits and Unknowns

• The law only bans the sale of energy drinks; it does not mention if students can bring them from home.
• The effective date is not listed in the provided text.
• The bill has passed both chambers but still requires action by the Governor to become final.

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.
This Act prohibits the sale of energy drinks on public middle and high school campuses during school hours or school events.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Neal & Sen. Lockman

Reps. Heffernan, Gorman, Morrison, Berry, Lambert, Harris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 459

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.

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

Section 1. Amend Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4137D. Prohibition of the sale of energy drinks on school campuses.

(a) For purposes of this section:

(1) “Campus” means areas of property under the jurisdiction of a school district or charter school that are accessible to students.

(2) “Energy drink” means a beverage that contains caffeine 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.

(3) “Extended school day” means any mandatory or voluntary school activity that students attend, including clubs, sporting events, band and choir practice, student government, drama performances, and school dances.

(b) The sale of energy drinks is prohibited on all middle and high school campuses in this State during regular school hours and the extended school day.

SYNOPSIS

This Act prohibits the sale of energy drinks on public middle and high school campuses during school hours or school events.