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S4183
SENATE, No. 4183
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 11, 2026
Sponsored by:
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Requires retail food establishments to provide
disclosures for certain caffeinated beverages.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning retail food establishments and
supplementing Title 26 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� For purposes of this
section:
���� �
Menu� means a printed list of the names or images of a
beverage item or items, and the primary writing or similar signage of a retail
food establishment from which a customer makes an order selection.� Menus shall
include breakfast, lunch, and dinner menus; dessert menus; beverage menus;
children�s menus; other specialty menus; electronic menus; and menus available
on the Internet, and may be in various forms, including booklets, pamphlets,
single sheets of paper, or electronic screens.� Menus shall also include menu
boards inside the retail food establishment, as well as drive-through menu
boards outside the food retail establishment.
���� �Retail food establishment�
means the same as the term is defined in subsection l. of P.L.2009, c.306 (C.26:3E-17).
���� �Temporary menu item� means an
item that appears on a menu or menu board for less than a total of 60 days per
calendar year. �The 60 days shall include the total of consecutive and
non-consecutive days the item appears on the menu.
���� b.��� Any retail food
establishment organized under the laws of this State shall clearly and
conspicuously display a disclosure for any beverage offered for sale, whether
as a standard or temporary menu item, that contains at least 80 milligrams or
more of total caffeine per serving.� The disclosure for these beverage items
shall have the statement �High caffeine� or another similar warning, icon, or
symbol approved by the commissioner. �The disclosure shall appear directly next
to the name of the beverage item and be clearly associated with it on all
menus, including drive-through menu boards.
���� c.���� The Department of
Health or the local board of health or the board, body, or officers exercising
the functions of the local board of health according to law, upon written
complaint or having reason to suspect that a violation of this section has
occurred, shall, by written notification, advise the proprietor of the retail
food establishment accordingly and order appropriate action to be taken.
���� d.��� A proprietor of a retail
food establishment who violates the provisions of this section shall be subject
to a penalty of not less than $200 or more than $500 for the first offense, and
not less than $500 or more than $1,000 for the second or any subsequent
offense.� A municipal court shall have jurisdiction over proceedings to enforce
and collect any penalty imposed because of a violation of this section if the
violation has occurred within the territorial jurisdiction of the court.� The
proceedings shall be summary and in accordance with the �Penalty Enforcement
Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� Process shall be in the
nature of a summons or warrant and shall issue only at the suit of the
Commissioner of Health or the local board of health, as the case may be, as
plaintiff.
���� When the plaintiff is the
Commissioner of Health, the penalty recovered shall be paid by the commissioner
into the State treasury.� When the plaintiff is a local board of health, the
penalty recovered shall be paid by the local board into the treasury of the
municipality where the violation occurred.
���� e.���� The provisions of this
section shall not be construed to create or enhance any claim, right of action,
or civil liability that did not previously exist under State law or limit any
claim, right of action, or civil liability that otherwise exists under State
law.
���� f.���� There shall be no
private right of action against the proprietor of a retail food establishment
for failure to comply with the provisions of this section.
���� g.��� To the extent consistent
with federal law, the provisions of this section, as well as any other State
law regulating disclosures for beverages containing at least 80 milligrams or
more of total caffeine per serving, shall be a matter of Statewide concern and
shall occupy the entire field of regulation regarding the disclosure of such
beverages by a retail food establishment, as well as content required to be
posted on menus, menu board systems or similar signage, or stanchions, as
applicable.�
���� No ordinance or regulation of
a local government or local board of health shall regulate the dissemination of
information regarding beverages containing at least 80 milligrams or more of
total caffeine per serving or the content required to be placed on menus, menu
board systems or similar signage, or stanchions by a retail food
establishment.� Any local government or local board of health ordinance or
regulation that violates this prohibition is void and shall have no force or
effect.
���� h.��� In accordance with the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner
of Health may promulgate rules and regulations to effectuate the provisions of
this section.
���� 2.��� This act shall take
effect on the tenth month following the date of enactment, except that the Commissioner
of Health may take any anticipatory administrative action in advance as shall
be necessary for the implementation of this act.
STATEMENT
���� This bill requires retail food
establishments to provide disclosures for certain caffeinated beverages.� Under
the bill, a retail food establishment organized under the laws of this State is
required to clearly and conspicuously display a disclosure for a beverage
offered for sale, whether as a standard or temporary menu item, that contains
at least 80 milligrams of total caffeine per serving. The disclosure for these
items is to have the statement �High caffeine� or another similar warning,
icon, or symbol approved by the Commissioner of Health and appear directly next
to the name of the beverage item and be clearly associated with it on all
menus, including drive-through menu boards.
���� Under the bill, if a person
files a complaint or if there is reason to believe a violation has occurred,
the Department of Health or local health board will notify the proprietor of
the retail food establishment in writing and require them to take the necessary
actions.
���� Furthermore, a proprietor of a
retail food establishment who violates the provisions of this bill is subject
to a penalty of not less than $200 or more than $500 for the first offense, and
not less than $500 or more than $1,000 for the second or any subsequent
offense. A municipal court has jurisdiction over proceedings to enforce and
collect any penalty imposed due to a violation of the provisions of this bill,
provided that the violation occurred within the territorial jurisdiction of the
court. The process is to be initiated by the Commissioner of Health or the
local board of health, as the plaintiff.
���� Additionally, under the bill,
when the Commissioner of Health is the plaintiff, any recovered penalties will
be paid into the State Treasury. However, if the local board of health is the
plaintiff, the recovered penalty will be directed to the treasury of the
municipality where the violation occurred.
���� The provisions of this bill
are not to be construed to create or enhance any claim, right of action, or
civil liability that did not previously exist under State law or limit any
claim, right of action, or civil liability that otherwise exists under State
law. The bill provides that any local ordinance or regulation that conflicts
with its provisions is void and has no legal effect.