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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Powdered Caffeine Control and Education Act.
 
6    Section 5. Findings. The General Assembly finds that the
7United States Food and Drug Administration issued a warning
8concerning powdered pure caffeine that companies market to
9consumers. The powder, often sold in bulk, is nearly 100% pure
10caffeine. Caffeine powder is easily purchased online,
11including on websites that sell vitamins and supplements.
12Because the product is unregulated by the United States Food
13and Drug Administration, health experts indicate that it is
14nearly impossible to know what dose of caffeine an individual
15is consuming, even if the powder is measured carefully. While
16caffeine in small quantities is generally not dangerous for
17human consumption, large quantities of caffeine can be
18extremely dangerous, even fatal. The American Academy of
19Pediatrics discourages the consumption of caffeine and related
20stimulants by children and adolescents.
 
21    Section 10. Purpose. The purpose of this Act is to ban the
22sale of powdered pure caffeine to minors within the State in

 

 

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1order to protect their health and safety.
 
2    Section 15. Definitions. As used in this Act:
3    "Person" means any natural person, corporation,
4partnership, firm, organization, association, or other legal
5entity.
6    "Powdered pure caffeine" means any product composed purely
7of caffeine in a loose powdered form.
 
8    Section 20. Control of the sale of powdered pure caffeine.
9    (a) No person may sell, offer for sale, give away, or
10provide free samples of powdered pure caffeine to any person
11under age 18 located within the State or to any person under
12age 18 making the purchase from within the State.
13    (b) The prohibition of subsection (a) of this Section does
14not apply to the sale of any powdered pure caffeine product
15that receives explicit approval as safe and effective for its
16intended use under the federal Food, Drug, and Cosmetic Act or
17is lawfully marketed under an over-the-counter monograph
18issued by the United States Food and Drug Administration.
 
19    Section 25. Penalties.
20    (a) Any person who violates this Act is guilty of a Class A
21misdemeanor.
22    (b) For a second or subsequent violation of this Act, a
23person is guilty of a Class 4 felony.
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2016.