Public Act 099-0050

SB0009 Enrolled LRB099 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.