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| 1 | AN ACT concerning health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 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.
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