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Public Act 099-0050


 

Public Act 0050 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0050
 
SB0009 EnrolledLRB099 04051 JLK 24069 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Powdered Caffeine Control and Education Act.
 
    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.
 
    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.
 
    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.
 
    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.
 
    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.
 
    Section 99. Effective date. This Act takes effect January
1, 2016.

Effective Date: 1/1/2016