LCO No. 1211 1 of 2 General Assembly Raised Bill No. 5141 February Session, 2020 LCO No. 1211 Referred to Committee on COMMITTEE ON CHILDREN Introduced by: (KID) AN ACT PROHIBITING THE SALE OF ENERGY DR INKS TO PERSONS UNDER SIXTEEN YEARS OF AGE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2020) (a) As used in this section: 1 (1) "Dealer" means any person who is engaged in the business of 2 selling energy drinks to retail consumers in the state; 3 (2) "Energy drink" means a soft drink that contains (A) not less than 4 eighty milligrams of caffeine per nine fluid ounces, and (B) 5 methylxanthines, B vitamins, herbal ingredients or an ingredient 6 labeled as "energy blend"; 7 (3) "Person" means any individual, firm, fiduciary, partnership, 8 corporation, limited liability company, trust or association, however 9 formed; and 10 (4) "Sale" or "sell" means the act of exchanging an energy drink for 11 consideration. 12 (b) On and after January 1, 2021, no dealer shall sell an energy drink 13 Raised Bill No. 5141 LCO No. 1211 2 of 2 to an individual under sixteen years of age. Each dealer, or such dealer's 14 agent or employee, shall require any individual who is purchasing or 15 attempting to purchase an energy drink, whose age is in question, to 16 present a valid motor vehicle operator's license, identity card issued 17 pursuant to section 1-1h of the general statutes or passport. If an 18 individual fails to present such valid license, card or passport, such 19 dealer or dealer's agent shall not sell an energy drink to such individual. 20 (c) On and after January 1, 2021, each dealer shall place and maintain, 21 in legible condition at each point of sale of energy drinks to consumers, 22 a notice that states that the sale of energy drinks to any individual under 23 sixteen years of age is prohibited by this section. 24 (d) Any dealer who violates the provisions of this section shall be (1) 25 issued a warning for the first offense, (2) fined not more than two 26 hundred dollars for the second offense if such offense occurs during the 27 twenty-four-month period following a first offense, and (3) fined not 28 more than three hundred fifty dollars for each subsequent offense. 29 (e) The Commissioner of Consumer Protection shall have the power 30 to enforce the provisions of this section. 31 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2020 New section Statement of Purpose: To prohibit the sale of energy drinks to persons younger than sixteen years old. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]