Delaware General Assembly

House Health & Human Development 4/30/26

Committee Hearing takes place within twelve legislative days.

4/30/26

Neal

Sen. Lockman

Rep. Romer

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.

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