Bill Text: IL SB0009 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Creates the Powdered Caffeine Control and Education Act. Prohibits any person from selling, offering to sell, giving away, or providing free samples of powdered pure caffeine to any person under age 18 located in the State or to any person under age 18 making the purchase from within the State. Sets forth penalties for violations of the Act. Contains legislative findings. Defines required terms. Amends the Critical Health Problems and Comprehensive Health Education Act. Provides that the Comprehensive Health Education Program shall include information regarding the use of powdered pure caffeine. Effective January 1, 2016.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2015-07-15 - Public Act . . . . . . . . . 99-0050 [SB0009 Detail]
Download: Illinois-2015-SB0009-Chaptered.html
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| Public Act 099-0050 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Powdered Caffeine Control and Education Act.
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Section 5. Findings. The General Assembly finds that the | ||||
United States Food and Drug Administration issued a warning | ||||
concerning powdered pure caffeine that companies market to | ||||
consumers. The powder, often sold in bulk, is nearly 100% pure | ||||
caffeine. Caffeine powder is easily purchased online, | ||||
including on websites that sell vitamins and supplements. | ||||
Because the product is unregulated by the United States Food | ||||
and Drug Administration, health experts indicate that it is | ||||
nearly impossible to know what dose of caffeine an individual | ||||
is consuming, even if the powder is measured carefully. While | ||||
caffeine in small quantities is generally not dangerous for | ||||
human consumption, large quantities of caffeine can be | ||||
extremely dangerous, even fatal. The American Academy of | ||||
Pediatrics discourages the consumption of caffeine and related | ||||
stimulants by children and adolescents.
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Section 10. Purpose. The purpose of this Act is to ban the | ||||
sale of powdered pure caffeine to minors within the State in | ||||
order to protect their health and safety.
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Section 15. Definitions. As used in this Act: | ||
"Person" means any natural person, corporation, | ||
partnership, firm, organization, association, or other legal | ||
entity. | ||
"Powdered pure caffeine" means any product composed purely | ||
of caffeine in a loose powdered form.
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Section 20. Control of the sale of powdered pure caffeine. | ||
(a) No person may sell, offer for sale, give away, or | ||
provide free samples of powdered pure caffeine to any person | ||
under age 18 located within the State or to any person under | ||
age 18 making the purchase from within the State. | ||
(b) The prohibition of subsection (a) of this Section does | ||
not apply to the sale of any powdered pure caffeine product | ||
that receives explicit approval as safe and effective for its | ||
intended use under the federal Food, Drug, and Cosmetic Act or | ||
is lawfully marketed under an over-the-counter monograph | ||
issued by the United States Food and Drug Administration.
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Section 25. Penalties. | ||
(a) Any person who violates this Act is guilty of a Class A | ||
misdemeanor. | ||
(b) For a second or subsequent violation of this Act, a | ||
person is guilty of a Class 4 felony.
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Section 99. Effective date. This Act takes effect January | ||
1, 2016.
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