Req. No. 10059 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1325 By: Humphrey
AS INTRODUCED
An Act relating to energy drinks; defining term;
prohibiting a person under the age of eighteen (18)
from purchasing, receiving, or pos sessing an energy
drink; providing that employees under a certain age
may still handle energy drinks in the course of their
employment; providing for an administrative fine;
providing penalty for not paying administrative fine;
providing the Oklahoma Alcoh olic Beverage Laws
Enforcement (ABLE) Commission shall establish rules
to provide for notification to a parent or guardian
of any minor cited for a violation; providing that
cities and towns may enact certain ordinances;
prohibiting the sale of energy drin ks to anyone under
eighteen (18) years of age; providing requirements of
when to ID buyers before the sale of energy drinks;
providing fines for violation; providing defenses;
providing penalty for not paying fine; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 701 of Title 37, unless there is
created a duplication i n numbering, reads as follows:
A. As used in this act , an energy drink shall mean any beverage
containing over 150 milligrams of caffeine per liter.
Req. No. 10059 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. It is unlawful for a person who is under eighteen (18) years
of age to purchase, receive, or have in h is or her possession an
energy drink or to present or offer to any person any purported
proof of age which is false or fraudulent, for the purpose of
purchasing or receiving an energy drink. It shall not be unlawful
for an employee under eighteen (18) yea rs of age to handle energy
drinks when required in the performance of the employee 's duties.
C. When a person violates subsection B of this section, the
Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose
an administrative fine of:
1. Not to exceed One Hundred Dollars ($100.00) for a first
offense; and
2. Not to exceed Two Hundred Dollars ($200.00) for a second or
subsequent offense within a one -year period following the first
offense.
Upon failure of the individual to pay the administrati ve fine
within ninety (90) days of the day of the fine, the ABLE Commission
shall notify the Department of Public Safety, and the Department
shall suspend or not issue a driver license to the individual until
proof of payment has been furnished to the Depa rtment of Public
Safety.
D. The ABLE Commission shall establish rules to prov ide for
notification to a parent or guardian of any minor cited for a
violation of this section.
Req. No. 10059 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of such ordinances
shall be the same as provided for in this section, and the
enforcement provisions under such ordinances shall not be more
stringent than those of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 702 of Title 37, unless there is
created a duplication in numbering, reads as follows:
A. It is unlawful for any person to sel l, give, or furnish in
any manner an energy drink to another person who is under eighteen
(18) years of age, or to purchase in any manner an energy drink on
behalf of any such person. It shall not be unlawful for an employee
under eighteen (18) years of a ge to handle energy drinks when
required in the performance of the employee 's duties.
B. A person engaged in the sale or distribution of energy
drinks shall demand proof of age from a prospective purchaser or
recipient if an ordinary person would conclude on the basis of
appearance that the prospective purchaser may be under eighteen (18)
years of age.
If an individual engaged in the sale or distribution of energy
drinks has demanded proof of age from a prospective purchaser or
recipient who is not under e ighteen (18) years of age, the failure
Req. No. 10059 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to subsequently require proof of age sh all not constitute a
violation of this subsection.
C. 1. When a person violates subsection A or B of this
section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission
shall impose an administrative fine of:
a. not more than One Hundred Dollars ($100.00) for the
first offense,
b. not more than Two Hundred Dollars ($200.00) for the
second offense within a two -year period following the
first offense,
c. not more than Three Hu ndred Dollars ($300.00) for a
third offense within a two -year period following the
first offense, or
d. not more than Three Hundred Dollars ($300.00) for a
fourth or subsequent offense within a two -year period
following the first offense.
2. Proof that the defendant demanded, was shown, and reasonably
relied upon proof of age shall be a defense to any action brought
pursuant to this section. A person cited for violating this section
shall be deemed to have reasonably relied upon proof of age, and
such person shall not be found guilty of the violation if such
person proves that:
a. the individual who purchased or received the energy
drink presented a driver license or other government -
Req. No. 10059 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
issued photo identification purporting to establish
that such individual was eighteen (18) years of age or
older, or
b. the person cited for the violation confirmed the
validity of the driver license or other government -
issued photo identification presented by such
individual by performing a transaction scan by means
of a transaction scan device.
Provided, that this defense shall not relieve from liabili ty any
person cited for a violation of this section if the person failed to
exercise reasonable diligence to determine whether the physical
description and picture appearing on t he driver license or other
government-issued photo identification was that of the individual
who presented it. The availability of the defense described in this
subsection does not affect the availability of any other defense
under any other provision of law.
D. If the sale is made by an employee of the owner of a store
at which tobacco products or vapor products are sold at retail, the
employee shall be guilty of the violation and shall be subject to
the fine.
E. Upon failure of the employee to pay the administrative fine
within ninety (90) days of the day of the assessment of such fine,
the ABLE Commission shall notify the Department of Public Safety,
and the Department shall suspend or not issue a driver license to
Req. No. 10059 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the employee until proof of payment h as been furnished to the
Department of Public Safety.
G. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of municipal
ordinances shall be the same as provided for in this section, and
the penalty provisions under such ordinances shall not be more
stringent than those of this section.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10059 JL 12/16/24