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HB786 • 2026

School bds.; authority to prohibit sale of caffeinated beverages to students in public high schools.

A BILL to amend and reenact § 22.1-207.4 of the Code of Virginia, relating to school boards; authority to prohibit sale of caffeinated beverages to students in public high schools.

Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Austin
Last action
2026-03-05
Official status
Failed
Effective date
Not listed

Plain English Breakdown

The official source material does not specify the effective date of this law.

School Boards Can Ban Caffeine Drinks for High School Students

This law allows Virginia school boards to ban the sale of caffeinated beverages to high school students, regardless of whether these drinks meet federal health guidelines.

What This Bill Does

  • Gives school boards the power to prohibit the sale of caffeinated beverages in public high schools.
  • Does not limit this authority based on whether a drink meets federal standards for being low-calorie or diet.

Who It Names or Affects

  • Virginia public high schools
  • School boards that run Virginia's public high schools

Terms To Know

Competitive food
Any food, excluding beverages, sold to students on school grounds during regular hours, except for breakfast or lunch programs.

Limits and Unknowns

  • Does not specify which types of caffeinated drinks are banned or how enforcement should be carried out.
  • The law does not affect middle or elementary schools, only public high schools.

Amendments

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

HB786AHC1

2026-01-27 • Committee

K-12 Subcommittee Subcommittee Amendment

Plain English: The amendment adds the phrase 'all or any variety of' to allow school boards more flexibility in prohibiting specific types of caffeinated beverages.

  • Adds the words 'all or any variety of' after a certain point in the bill text, giving school boards broader authority to restrict different kinds of caffeinated drinks.
  • The exact impact and scope of this change are limited by the lack of context about what specific types of beverages were previously covered.
  • It is unclear how this amendment will be applied in practice without more details on existing regulations or examples of prohibited beverages.
HB786AH1

2026-01-28 • Committee

Education Amendment

Plain English: The amendment adds language to allow school boards more flexibility in prohibiting the sale of caffeinated beverages by specifying that they can ban 'all or any variety' of such drinks.

  • Adds the phrase 'all or any variety of' after 'of' to give school boards broader authority to prohibit specific types or all caffeinated beverages.
  • The exact impact and implementation details are not fully explained in the amendment text provided.

Bill History

  1. 2026-03-05 Education and Health

    Stricken at request of Patron in Education and Health (15-Y 0-N)

  2. 2026-02-26 Public Education

    Assigned Education sub: Public Education

  3. 2026-02-18 Senate

    Constitutional reading dispensed (on 1st reading)

  4. 2026-02-18 Education and Health

    Referred to Committee on Education and Health

  5. 2026-02-18 House

    Fiscal Impact Statement from Department of Planning and Budget (HB786)

  6. 2026-02-17 House

    Floor substitute printed 26108107D-H2 (Austin)

  7. 2026-02-17 House

    Floor Offered

  8. 2026-02-17 House

    Delegate Austin substitute bill reprinted 26108107D

  9. 2026-02-17 House

    Engrossment reconsidered by House

  10. 2026-02-17 House

    Constitutional reading dispensed (on 3rd reading) (94-Y 0-N 0-A)

  11. 2026-02-17 House

    Passed House (83-Y 13-N 1-A)

  12. 2026-02-17 House

    Read second time

  13. 2026-02-17 House

    Delegate Austin Floor substitute agreed to

  14. 2026-02-17 House

    Engrossed by House - floor substitute

  15. 2026-02-16 House

    Read second time and engrossed

  16. 2026-02-13 House

    Read first time

  17. 2026-02-11 Education

    Reported from Education (15-Y 5-N 1-A)

  18. 2026-02-03 House

    Motion to rerefer to Education agreed to

  19. 2026-02-03 Education

    Rereferred to Education

  20. 2026-02-02 House

    Floor substitute printed 26106742D-H1 (Austin)

  21. 2026-02-02 House

    Floor Offered

  22. 2026-02-02 House

    Fiscal Impact Statement from Department of Planning and Budget (HB786)

  23. 2026-02-02 House

    Read second time

  24. 2026-02-02 House

    committee amendment rejected

  25. 2026-02-02 House

    Delegate Austin Floor substitute agreed to

  26. 2026-02-02 House

    Engrossed by House - floor substitute

  27. 2026-01-30 House

    Read first time

  28. 2026-01-28 Education

    Reported from Education with amendment(s) (20-Y 1-N)

  29. 2026-01-27 K-12 Subcommittee

    Subcommittee recommends reporting with amendment(s) (10-Y 0-N)

  30. 2026-01-23 K-12 Subcommittee

    Assigned HED sub: K-12 Subcommittee

  31. 2026-01-19 House

    Fiscal Impact Statement from Department of Planning and Budget (HB786)

  32. 2026-01-13 House

    Prefiled and ordered printed; Offered 01-14-2026 26101685D

  33. 2026-01-13 Education

    Referred to Committee on Education

Official Summary Text

School boards; authority to prohibit sale of caffeinated beverages to students in public high schools.
Permits any school board to prohibit the sale of caffeinated beverages to students in public high schools in the local school division, regardless of whether any such beverage meets the requirements to be considered a diet or low-calorie beverage under any relevant federal regulation.

Current Bill Text

Read the full stored bill text
HOUSE BILL NO. 786
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Delegate Austin
on February 17, 2026)
(Patron Prior to Substitute--Delegate Austin)
A BILL to amend and reenact §
22.1-207.4
of the Code of Virginia, relating to school boards; authority to prohibit sale of caffeinated beverages to students in public high schools.
Be it enacted by the General Assembly of Virginia:
1. That §
22.1-207.4
of the Code of Virginia is amended and reenacted as follows:
§
22.1-207.4
. Nutritional guidelines for competitive foods; fundraisers; authority to prohibit sale of caffeinated beverages to students in public high schools.
A. For purposes of this section, "competitive food" means any food, excluding beverages, sold to students on school grounds during regular school hours that is not part of the school breakfast or school lunch program.
B. The Board, in cooperation with the Department of Health, shall promulgate regulations setting nutritional guidelines for all competitive foods.
C. The Board, with assistance from the Department of Health, shall periodically review the nutritional guidelines for competitive foods to ensure that they remain current and science-based and shall also review the nutritional guidelines upon changes to federal law or regulations for competitive foods.
D. The regulations promulgated pursuant to this section shall include but not be limited to: calorie, fat, sugar, and sodium content.
E. The regulations promulgated pursuant to this section shall permit each public school to conduct on school grounds during regular school hours no more than 30 school-sponsored fundraisers per school year, during which food that does not meet the nutrition guidelines for competitive foods may be sold to students.
F. Any school board may prohibit the sale of
all or any variety of
caffeinated beverages to students in public high schools in the local school division, regardless of whether any such beverage meets the requirements to be considered a diet or low-calorie beverage under any relevant federal regulation.