Connecticut 2019 Regular Session

Connecticut House Bill HB07007 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 3487 1 of 7
4	4
5	5	General Assembly Raised Bill No. 7007
6	6	January Session, 2019
7	7	LCO No. 3487
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9	9
10	10	Referred to Committee on COMMITTEE ON CHILDREN
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12	12
13	13	Introduced by:
14	14	(KID)
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19	19	AN ACT PROHIBITING THE SALE OF ENERGY DRINKS TO PER SONS
20	20	UNDER SIXTEEN YEARS OF AGE.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective July 1, 2019) (a) As used in this section: 1
25	25	(1) "Cardholder" means any person who presents a motor vehicle 2
26	26	operator's license or identity card to a seller or seller's agent or 3
27	27	employee; 4
28	28	(2) "Dealer" means any person who is engaged in this state in the 5
29	29	business of selling energy drinks to retail consumers; 6
30	30	(3) "Deliver" or "delivery" means an act done intentionally by any 7
31	31	person, whether as principle, proprietor, agent, servant or employee, 8
32	32	of transferring or offering or attempting to transfer, physical 9
33	33	possession or control of one or more energy drinks; 10
34	34	(4) "Energy drink" means a soft drink that contains (A) not less than 11
35	35	eighty milligrams of caffeine per nine fluid ounces, and (B) 12
36	36	methylxanthines, B vitamins or herbal ingredients; 13 Raised Bill No. 7007
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40	40	LCO No. 3487 2 of 7
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42	42	(5) "Give" or "giving" means an act done intentionally by any 14
43	43	person, whether done as principle, proprietor, agent, servant or 15
44	44	employee, of transferring or offering or attempting to transfer without 16
45	45	consideration one or more energy drinks; 17
46	46	(6) "Identity card" means an identification card issued pursuant to 18
47	47	section 1-1h of the general statutes; 19
48	48	(7) "Proper proof" means a motor vehicle operator's license, valid 20
49	49	passport or identity card; 21
50	50	(8) "Sale" or "sell" means an act done intentionally by any person, 22
51	51	whether done as principle, proprietor, agent, servant or employee, of 23
52	52	transferring or offering or attempting to transfer, for consideration, one 24
53	53	or more energy drinks, including bartering or exchanging or offering 25
54	54	to barter or exchange, one or more energy drinks; 26
55	55	(9) "Transaction scan" means the process by which a seller or seller's 27
56	56	agent or employee checks, by means of a transaction scan device, the 28
57	57	validity of a motor vehicle operator's license or identity card; and 29
58	58	(10) "Transaction scan device" means any commercial device or 30
59	59	combination of devices used at a point of sale that is capable of 31
60	60	deciphering in an electronically readable format the information 32
61	61	encoded on the magnetic strip or bar code of a motor vehicle operator's 33
62	62	license or identity card. 34
63	63	(b) On and after January 1, 2020, any person who sells, gives or 35
64	64	delivers an energy drink to any person under sixteen years of age shall 36
65	65	be fined not more than two hundred dollars for the first offense, not 37
66	66	more than three hundred fifty dollars for the second offense within a 38
67	67	twenty-four-month period and not more than five hundred dollars for 39
68	68	each subsequent offense within a twenty-four-month period. The 40
69	69	provisions of this subsection shall not apply to a person under sixteen 41
70	70	years of age who is delivering or accepting delivery of one or more 42
71	71	energy drinks (1) in such person's capacity as an employee, or (2) as 43
72	72	part of a scientific study being conducted by an organization for the 44 Raised Bill No. 7007
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75	75
76	76	LCO No. 3487 3 of 7
77	77
78	78	purpose of medical research to further efforts to understand the effects 45
79	79	of energy drinks on the body, provided such medical research has 46
80	80	been approved by the organization's institutional review board, as 47
81	81	defined in section 21a-408 of the general statutes. 48
82	82	(c) On and after January 1, 2020, each seller of energy drinks or such 49
83	83	seller's agent or employee shall require a person who is purchasing or 50
84	84	attempting to purchase one or more energy drinks, whose age is in 51
85	85	question, to exhibit proper proof of age. If a person fails to provide 52
86	86	such proof, such seller or seller's agent or employee shall not sell an 53
87	87	energy drink to the person. 54
88	88	(d) (1) On and after January 1, 2020, a seller or seller's agent or 55
89	89	employee may perform a transaction scan to check the validity of a 56
90	90	motor vehicle operator's license or identity card presented by a 57
91	91	cardholder as a condition for selling, giving or delivering an energy 58
92	92	drink to the cardholder. 59
93	93	(2) If the information deciphered by the transaction scan performed 60
94	94	pursuant to subdivision (1) of this subsection fails to match the 61
95	95	information printed on the motor vehicle operator's license or identity 62
96	96	card presented by the cardholder or the transaction scan indicates that 63
97	97	the printed information is false or fraudulent, neither the seller nor 64
98	98	seller's agent or employee shall sell, give or deliver an energy drink to 65
99	99	the cardholder. 66
100	100	(3) Subdivision (1) of this subsection shall not preclude a seller or 67
101	101	seller's agent or employee from using a transaction scan device to 68
102	102	check the validity of a document other than a motor vehicle operator's 69
103	103	license or identity card if the document includes a bar code or 70
104	104	magnetic strip that may be scanned by the device, as a condition for 71
105	105	selling, giving or delivering one or more energy drinks. 72
106	106	(e) (1) No seller or seller's agent or employee shall record or 73
107	107	maintain any information derived from a transaction scan, except the 74
108	108	name and date of birth of the person listed on the motor vehicle 75
109	109	operator's license or identity card presented by a cardholder and the 76 Raised Bill No. 7007
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113	113	LCO No. 3487 4 of 7
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115	115	expiration date and identification number of the motor vehicle 77
116	116	operator's license or identity card presented by a cardholder. 78
117	117	(2) No seller or seller's agent or employee shall use a transaction 79
118	118	scan device for a purpose other than those specified in subsection (c) of 80
119	119	section 30-86 of the general statutes, subsection (d) of section 53-344 of 81
120	120	the general statutes, subsection (e) of section 53-344b of the general 82
121	121	statutes, as amended by this act, and subsection (d) of this section. 83
122	122	(3) No seller or seller's agent or employee shall sell or otherwise 84
123	123	disseminate the information derived from a transaction scan to any 85
124	124	third party, including, but not limited to, selling or otherwise 86
125	125	disseminating that information for any marketing, advertising or 87
126	126	promotional activities, except that a seller or seller's agent or employee 88
127	127	may release such information pursuant to a court order. 89
128	128	(4) Nothing in subsection (d) of this section relieves a seller or 90
129	129	seller's agent or employee of any responsibility to comply with 91
130	130	applicable state and federal laws and rules governing the sale, giving 92
131	131	or delivering of energy drinks. 93
132	132	(5) Any person who violates this subsection shall be subject to a civil 94
133	133	penalty of not more than one thousand dollars. 95
134	134	(f) (1) In any prosecution of a seller or seller's agent or employee for 96
135	135	a violation of subsection (b) of this section, it shall be an affirmative 97
136	136	defense that the following occurred: (A) A cardholder attempting to 98
137	137	purchase or receive one or more energy drinks presented a motor 99
138	138	vehicle operator's license or identity card; (B) a transaction scan of the 100
139	139	motor vehicle operator's license or identity card indicated that the 101
140	140	license or card was valid; and (C) one or more energy drinks was sold, 102
141	141	given or delivered to the cardholder in reasonable reliance upon the 103
142	142	identification presented and the completed transaction scan. 104
143	143	(2) In determining whether a seller or seller's agent or employee has 105
144	144	proven the affirmative defense provided by subdivision (1) of this 106
145	145	subsection, the trier of fact in such prosecution shall consider that 107 Raised Bill No. 7007
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149	149	LCO No. 3487 5 of 7
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151	151	reasonable reliance upon the identification presented and the 108
152	152	completed transaction scan may require a seller or seller's agent or 109
153	153	employee to exercise reasonable diligence and that the use of a 110
154	154	transaction scan device does not excuse a seller or seller's agent or 111
155	155	employee from exercising such reasonable diligence to determine 112
156	156	whether the cardholder is sixteen years of age or older and the 113
157	157	description and picture appearing on the motor vehicle operator's 114
158	158	license or identity card presented by the cardholder is that of the 115
159	159	cardholder. 116
160	160	(g) (1) On and after January 1, 2020, each dealer shall place and 117
161	161	maintain in legible condition at each point of sale of energy drinks to 118
162	162	consumers, including the front of each vending machine containing 119
163	163	energy drinks, a notice which states that the sale, giving or delivering 120
164	164	of energy drinks to any person under sixteen years of age is prohibited 121
165	165	by this section. 122
166	166	(2) The Commissioner of Consumer Protection may investigate any 123
167	167	alleged violation of the provisions of subdivision (1) of this subsection 124
168	168	and, if there appears to be reasonable cause therefor, on reasonable 125
169	169	notice to any dealer accused of any such violation, may make 126
170	170	complaint to the prosecuting authority having jurisdiction of any such 127
171	171	complaint or may, after notice and a hearing as provided in section 20-128
172	172	321 of the general statutes, fine a dealer who violates subdivision (1) of 129
173	173	this subsection one hundred dollars per violation. Each day a dealer 130
174	174	fails to post a notice in violation of subdivision (1) of this subsection 131
175	175	shall be a separate violation. 132
176	176	Sec. 2. (NEW) (Effective July 1, 2019) Not later than January 1, 2020, 133
177	177	the Commissioner of Public Health shall publish information 134
178	178	concerning the dangers of energy drink consumption on the Internet 135
179	179	web site of the Department of Public Health. 136
180	180	Sec. 3. Subdivision (2) of subsection (d) of section 30-86 of the 137
181	181	general statutes is repealed and the following is substituted in lieu 138
182	182	thereof (Effective January 1, 2020): 139 Raised Bill No. 7007
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186	186	LCO No. 3487 6 of 7
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188	188	(2) No permittee or permittee's agent or employee shall use a 140
189	189	transaction scan device for a purpose other than the purposes specified 141
190	190	in subsection (c) of this section, subsection (d) of section 53-344, [or] 142
191	191	subsection (e) of section 53-344b, as amended by this act, or subsection 143
192	192	(d) of section 1 of this act. 144
193	193	Sec. 4. Subdivision (2) of subsection (e) of section 53-344 of the 145
194	194	general statutes is repealed and the following is substituted in lieu 146
195	195	thereof (Effective January 1, 2020): 147
196	196	(2) No seller or seller's agent or employee shall use a transaction 148
197	197	scan device for a purpose other than the purposes specified in 149
198	198	subsection (e) of section 53-344b, as amended by this act, subsection (d) 150
199	199	of this section, [or] subsection (c) of section 30-86 or subsection (d) of 151
200	200	section 1 of this act. 152
201	201	Sec. 5. Subdivision (2) of subsection (e) of section 53-344b of the 153
202	202	general statutes is repealed and the following is substituted in lieu 154
203	203	thereof (Effective January 1, 2020): 155
204	204	(2) No seller or seller's agent or employee shall use a transaction 156
205	205	scan device for a purpose other than the purposes specified in 157
206	206	subsection (d) of this section, subsection (d) of section 53-344, [or] 158
207	207	subsection (c) of section 30-86 or subsection (d) of section 1 of this act. 159
208	208	This act shall take effect as follows and shall amend the following
209	209	sections:
210	210
211	211	Section 1 July 1, 2019 New section
212	212	Sec. 2 July 1, 2019 New section
213	213	Sec. 3 January 1, 2020 30-86(d)(2)
214	214	Sec. 4 January 1, 2020 53-344(e)(2)
215	215	Sec. 5 January 1, 2020 53-344b(e)(2)
216	216
217	217	Statement of Purpose:
218	218	To prohibit the sale, giving or delivering of energy drinks to persons
219	219	under the age of sixteen and require the Commissioner of Public
220	220	Health to publish information concerning the dangers of energy drink Raised Bill No. 7007
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224	224	LCO No. 3487 7 of 7
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226	226	consumption on the Internet web site of the Department of Public
227	227	Health.
228	228	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
229	229	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
230	230	not underlined.]
231	231