2015 -- H 5492

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FOOD AND DRUGS-REGULATION OF POWDERED CAFFEINE

     Introduced By: Representatives Bennett, McNamara, Solomon, Amore, and Naughton

     Date Introduced: February 12, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 37

REGULATION OF POWDERED CAFFEINE

     21-37-1. Legislative findings and purpose. -- (a) Caffeine is a known alkaloid found in

coffee, tea, kola nuts and is naturally present in more than sixty (60) plants. While generally used

as a stimulant, it doesn't actually provide energy but on the contrary, provides the illusion of

energy. While caffeine can be found naturally, powdered caffeine is manufactured in a laboratory

setting and if used in small doses, can be used safely to caffeinate medicines, food and soft

drinks. When used in high doses however, caffeine can raise the user's blood pressure, cause

heartburn, dehydration and can lead to seizures, erratic heartbeats and in some cases, death.

     (b) Currently powdered caffeine is not regulated by the food and drug administration, and

it is the purpose of this chapter to promote the health and safety of the consumers, particularly

minors, by regulating the sale, possession and use of powdered caffeine within the state of Rhode

Island.

     21-37-2. Definition. -- As used in this chapter, the term "powdered caffeine" means any

concentrated powdered form of the stimulant caffeine, or any powder substance sold or marketed

as pure or concentrated caffeine.

     21-37-3. Prohibited activities. -- (a) It shall be illegal for any person, partnership,

corporation or other entity to sell, give, provide or otherwise supply powdered caffeine to any

person under the age of twenty-one (21) years.

     (1) Any person, partnership, corporation of other entity located within or without the state

of Rhode Island that violates this section, shall be punished upon conviction: (i) For a first

offense, by a fine of up to five hundred dollars ($500); (ii) For a second offense by a fine of up to

one thousand dollars ($1,000) and/or imprisonment of up to one year; and (iii) For a third offense

by a fine of up to three thousand dollars ($3,000) and/or imprisonment of up to three (3) years.

     (b) Any person being under the age of twenty-one (21) years who possesses powdered

caffeine may be punished upon conviction by a fine of up to five hundred dollars ($500) and may

be ordered to perform up to thirty (30) hours of community service, and upon a second violation

hereof may also be ordered to undergo a substance abuse assessment by a licensed substance

abuse professional.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS-REGULATION OF POWDERED CAFFEINE

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     This act would prohibit the sale of powdered caffeine to any person under the age of

twenty-one (21) years of age and would prohibit the possession of powdered caffeine by anyone

in that age group. Penalties would include fines and imprisonment for subsequent offenses and

fines and counseling for those found in possession.

     This act would take effect upon passage.

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