Bill > A3259

Introduced Session

This bill requires retail food establishments to provide disclosures for certain caffeinated beverages. Under the bill, a retail food establishment organized under the laws of this State is required to clearly and conspicuously display a disclosure for a beverage offered for sale, whether as a standard or temporary menu item, that contains at least 80 milligrams of total caffeine per serving. The disclosure for these items is to have the statement "High caffeine" or another similar warning, icon, or symbol approved by the Commissioner of Health and appear directly next to the name of the beverage item and be clearly associated with it on all menus, including drive-through menu boards. Under the bill, if a person files a complaint or if there is reason to believe a violation has occurred, the Department of Health or local health board will notify the proprietor of the retail food establishment in writing and require them to take the necessary actions. Furthermore, a proprietor of a retail food establishment who violates the provisions of this bill is subject to a penalty of not less than $200 or more than $500 for the first offense, and not less than $500 or more than $1,000 for the second or any subsequent offense. A municipal court has jurisdiction over proceedings to enforce and collect any penalty imposed due to a violation of the provisions of this bill, provided that the violation occurred within the territorial jurisdiction of the court. The process is to be initiated by the Commissioner of Health or the local board of health, as the plaintiff. Additionally, under the bill, when the Commissioner of Health is the plaintiff, any recovered penalties will be paid into the State Treasury. However, if the local board of health is the plaintiff, the recovered penalty will be directed to the treasury of the municipality where the violation occurred. The provisions of this bill are not to be construed to create or enhance any claim, right of action, or civil liability that did not previously exist under State law or limit any claim, right of action, or civil liability that otherwise exists under State law. The bill provides 2 that any local ordinance or regulation that conflicts with its provisions is void and has no legal effect.

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Dan Hutchison (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 01/13/2026)

Official Document