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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. | ||||
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.
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Section 99. Effective date. This Act takes effect January | ||
1, 2016.
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