Chapter 133

2016 -- H 7063 SUBSTITUTE A Enacted 06/24/2016

A N   A C T

RELATING TO FOOD AND DRUGS-REGULATION OF POWDERED CAFFEINE

Introduced By: Representatives Bennett, McNamara, Malik, Hull, and Diaz

Date Introduced: January 07, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 37

REGULATION OF POWDERED CAFFEINE

21-37-1. Legislative findings and purpose. -- (a) Caffeine is a known alkaloid found in

cocoa, coffee, tea, kola nuts, and is naturally present in more than sixty (60) plants. While

generally used as a stimulant, it does not actually provide energy, but on the contrary, provides

the illusion of energy. While caffeine can be found naturally, powdered caffeine is manufactured

in a laboratory setting, and if used in small doses, can be used safely to caffeinate medicines,

food, and soft drinks. When used in high doses however, caffeine can raise the user's blood

pressure, cause heartburn, dehydration, and can lead to seizures, erratic heartbeats, and in some

cases, death.

(b) Currently, powdered caffeine is not regulated by the Food and Drug Administration,

and it is the purpose of this chapter to promote the health and safety of the consumers,

particularly minors, by regulating the sale, possession, and use of powdered caffeine within the

state of Rhode Island.

21-37-2. Definitions. -- As used in this chapter:

(1) "Caffeine" means that central nervous-system stimulant and known alkaloid

commonly found in cocoa and coffee seeds or beans; and

(2) "Powdered caffeine" means any concentrated powdered form of the stimulant

caffeine, or any powder substance sold or marketed as pure or concentrated caffeine.

21-37-3. Prohibited activities. -- (a) It shall be illegal for any person, partnership,

corporation, or other entity to sell, give, provide, or otherwise supply powdered caffeine to any

person under the age of twenty-one (21) years.

(1) Any person, partnership, corporation, or other entity located within or without the

state of Rhode Island that violates §21-37-3(a), shall be punished upon conviction:

(i) For a first offense, by a fine of up to five hundred dollars ($500);

(ii) For a second offense, by a fine of up to one thousand dollars ($1,000) and/or

imprisonment of up to one year; and

(iii) For a third or subsequent offense, by a fine of up to three thousand dollars ($3,000)

and/or imprisonment of up to three (3) years.

(b) Any person being under the age of twenty-one (21) years who possesses powdered

caffeine may be punished upon conviction by a fine of up to five hundred dollars ($500) and may

be ordered to perform up to thirty (30) hours of community service, and upon a second or

subsequent violation hereof, may additionally be ordered to undergo a substance abuse

assessment by a licensed, substance abuse professional.

SECTION 2. This act shall take effect upon passage.

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LC003108/SUB A

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