Legislation Document

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

Section 1. Amend Chapter 45, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

CHAPTER 45. Food and Storage [Repealed]. Caffeine Disclosure Requirements.

§ 4501-4511. Definition of food; applicability; marking date of receipt of food for storage or refrigerating; removing food without marking storage date; storage longer than 12 months; inspection and supervision by health boards; rules and regulations; quarterly report by warehousepersons; report of food stored longer than 12 months; certificate of board of health authorizing delivery; extension of time for delivery; transfer from 1 refrigerating warehouse to another; disposition of food kept longer than prescribed time; disposal of cold storage poultry, game or eggs; penalties [Repealed].

§ 4501. Definitions.

For purposes of this section:

(1) “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.

(2) “Hand-crafted beverage” means any drink, except for a beverage that solely contains caffeine brewed, steeped, or derived from coffee beans or tea leaves, that requires a barista, bartender, or server to create the drink by hand at the service location.

(3) “High caffeine” means a hand-crafted beverage that exceeds 100 mg or more of caffeine per serving.

(4) “Menu” means a printed list, paper list, digital list (QR Code), or any other communication detailing the name or image of a beverage item, or food item being sold, or provided by, a retail food establishment.

(5) “Retail food establishment” means a business that sells food and beverages directly to consumers.

(6) “Temporary menu item” means an item that appears on a menu for less than 60 consecutive days.

§ 4502. Mandatory menu warnings for high caffeine beverages.

(a) A retail food establishment with at least 20 locations in Delaware is required, while all other retail food establishments are encouraged, to do the following:

(1) Provide warning symbols next to the hand-crafted or energy drink beverage items that have high caffeine content on any menu or other place where beverages may be found by a consumer of the retail food establishment. The warning symbols must be the same font size as prices that are listed on the menu. The menu must include an explanation or key of the symbols that indicate which beverages have high caffeine content.

(2) Provide the content described in paragraph (a)(1) of this subsection in the same manner on menus utilized by third party delivery platforms.

(b) Retail food establishments are encouraged to, but not required to, use warning symbols required by this subsection on temporary menu items.

§ 4503. Exemptions.

Alcoholic beverages, and bar and restaurant establishments that sell alcohol, are exempt from the provisions of this chapter.

§ 4504. Enforcement.

(a) The Division of Public Health has the authority to investigate and enforce the provisions of this chapter.

(b) The Division of Public Health must provide written notice to the applicable retail food establishments of any violations of this chapter.

(d) A retail food establishment has the right to cure a first violation and second violation by offering proof they are in compliance with these requirements within 90 days of receiving notice of the violation from the Department of Public Health.

Section 2. This Act takes effect 1 year after its enactment into law.

SPONSOR:	Rep. Neal & Sen. Lockman
Reps. Minor-Brown, Romer, Berry