HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 394

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PURCHASE AND SALE OF ENERGY DRINKS AND CAFFEINNATED SUPPLEMENTS.

WHEREAS, the American Academy of Pediatrics (AAP) recommends that children under 12 avoid caffeine entirely; and

WHEREAS, the AAP recommends that for adolescents 12 through 18 years of age, caffeine should be limited to less than 100 mgs per day; and

WHEREAS, energy drinks are considered inappropriate for all children and teens due to high caffeine and sugar levels.

NOW, THEREFORE:

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

Section 1. Amend Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 30S. Purchase and Sale of Energy Drinks and Caffeinated Dietary Supplements

§ 3001S. Definitions.

For purposes of this chapter:

(1) “Caffeinated dietary supplement” means any product marketed for human consumption that is not regulated as a food and is in the form of a tablet, capsule, powder, liquid, or similar delivery mechanism that contains more than 100 milligrams of caffeine per serving.

(2) “Dealer” means an individual, business, partnership, corporation, limited liability company, trust, or association engaged in the business of selling energy drinks or caffeinated dietary supplements to retail consumers in the State.

(3) “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.

§ 3002S. Signage.

(a) The Division of Public Health must create, and provide for dealers to display, signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, and individuals who are pregnant or nursing.

(b) The signage must be in a clear and conspicuous font to be displayed next to the energy drinks and caffeinated dietary supplements offered for sale by the dealer.

§ 3003S. Sign display.

A dealer must display the signage provided under [sec.] 3002S of this title in a publicly visible location next to the energy drinks and caffeinated dietary supplements.

Section 2. This Act takes effect 1 year after enactment.

SYNOPSIS

This House Substitute for House Bill No. 394 creates a process for which the Division of Public Health creates signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, pregnant women, or women who are nursing. Dealers of energy drinks and caffeinated dietary supplements are then required to display the sign in a publicly visible location next to the products.