2016 -- H 7063 SUBSTITUTE A

========

LC003108/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO FOOD AND DRUGS-REGULATION OF POWDERED CAFFEINE

     Introduced By: Representatives Bennett, McNamara, Malik, Hull, and Diaz

     Date Introduced: January 07, 2016

     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

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

generally used as a stimulant, it does not 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. Definitions. -- As used in this chapter:

     (1) "Caffeine" means that central nervous-system stimulant and known alkaloid

commonly found in cocoa and coffee seeds or beans; and

     (2) "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 §21-37-3(a), 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 or subsequent 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 or

subsequent violation hereof may additionally be ordered to undergo a substance abuse assessment

by a licensed substance abuse professional.

     SECTION 2. This act shall take effect upon passage.

========

LC003108/SUB A

========

LC003108/SUB A - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS-REGULATION OF POWDERED CAFFEINE

***

     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/or imprisonment for suppliers, and fines and

counseling for those found in possession.

     This act would take effect upon passage.

========

LC003108/SUB A

========

LC003108/SUB A - Page 3 of 3