SB0009 Enrolled LRB099 04051 JLK 24069 b
1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Powdered Caffeine Control and Education Act.
6		Section 5. Findings. The General Assembly finds that the
7		United States Food and Drug Administration issued a warning
8		concerning powdered pure caffeine that companies market to
9		consumers. The powder, often sold in bulk, is nearly 100% pure
10		caffeine. Caffeine powder is easily purchased online,
11		including on websites that sell vitamins and supplements.
12		Because the product is unregulated by the United States Food
13		and Drug Administration, health experts indicate that it is
14		nearly impossible to know what dose of caffeine an individual
15		is consuming, even if the powder is measured carefully. While
16		caffeine in small quantities is generally not dangerous for
17		human consumption, large quantities of caffeine can be
18		extremely dangerous, even fatal. The American Academy of
19		Pediatrics discourages the consumption of caffeine and related
20		stimulants by children and adolescents.
21		Section 10. Purpose. The purpose of this Act is to ban the
22		sale of powdered pure caffeine to minors within the State in

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1		order to protect their health and safety.
2		Section 15. Definitions. As used in this Act:
3		"Person" means any natural person, corporation,
4		partnership, firm, organization, association, or other legal
5		entity.
6		"Powdered pure caffeine" means any product composed purely
7		of caffeine in a loose powdered form.
8		Section 20. Control of the sale of powdered pure caffeine.
9		(a) No person may sell, offer for sale, give away, or
10		provide free samples of powdered pure caffeine to any person
11		under age 18 located within the State or to any person under
12		age 18 making the purchase from within the State.
13		(b) The prohibition of subsection (a) of this Section does
14		not apply to the sale of any powdered pure caffeine product
15		that receives explicit approval as safe and effective for its
16		intended use under the federal Food, Drug, and Cosmetic Act or
17		is lawfully marketed under an over-the-counter monograph
18		issued by the United States Food and Drug Administration.
19		Section 25. Penalties.
20		(a) Any person who violates this Act is guilty of a Class A
21		misdemeanor.
22		(b) For a second or subsequent violation of this Act, a
23		person is guilty of a Class 4 felony.

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1		Section 99. Effective date. This Act takes effect January
2		1, 2016.