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PRIOR PRINTER'S NO. 3167 PRINTER'S NO. 3674
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2377
Session of
2026
INTRODUCED BY DOUGHERTY, FREEMAN, GIRAL, McNEILL, HILL-EVANS,
HOHENSTEIN, NEILSON, SANCHEZ, MADDEN, HOWARD, GALLAGHER,
BELLMON, CIRESI AND FRANKEL, APRIL 10, 2026
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
JUNE 23, 2026
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, providing for caffeine safety.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
THIS ACT MAY BE REFERRED TO AS THE SARAH KATZ CAFFEINE SAFETY
LAW.
Section 1. Section 5705 of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5705. [(Reserved)] Caffeine safety.
(a) Disclosure required.--A proprietor of a retail food
facility that offers for sale a beverage containing at least 80
250 milligrams of total caffeine per serving, whether as a
standard menu item or temporary menu item, shall clearly and
conspicuously display a disclosure for the beverage.
(b) Contents and placement of disclosure.--The disclosure
required under subsection (a) shall:
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(1) state "high caffeine" or use another similar
warning, icon or symbol approved by the department; and
(2) appear directly next to the name of the beverage and
be clearly associated with the beverage on each menu on which
the beverage appears.
(c) Enforcement.--If a licensor receives a written complaint
or otherwise has reason to believe that a proprietor has
violated this section, the licensor shall provide written notice
to the proprietor of the alleged violation and order the
proprietor to take appropriate corrective action. A proprietor
that remains in violation of subsection (a) 30 days after
receiving the written notice shall be subject to the penalties
under section 5714 (relating to penalties).
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Menu." A posted, written or electronic list or display,
including a menu board, that identifies the name and price of a
beverage offered for sale by a retail food facility.
"Temporary menu item." An item that appears on a menu for
less than a total of 60 days in a calendar year, whether
consecutively or nonconsecutively.
Section 2. This act shall take effect in 90 days.
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