HB0044ham001 96TH GENERAL ASSEMBLY

Rep. Luis Arroyo

Filed: 3/31/2009

09600HB0044ham001 LRB096 02989 RPM 24958 a

AMENDMENT TO HOUSE BILL 44

AMENDMENT NO. ______. Amend House Bill 44 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Food, Drug and Cosmetic Act is amended by changing Sections 3 and 4 and by adding Section 3.23 as follows:

(410 ILCS 620/3) (from Ch. 56 1/2, par. 503)

Sec. 3. The enumerated acts in Sections 3.1 through 3.23 3.21 and the causing thereof are prohibited in this State.

(Source: P.A. 84-891.)

(410 ILCS 620/3.23 new)

Sec. 3.23. The sale, offering for sale, or delivery of any energy drink with a caffeine level of 5.9 mg or more per ounce to a person under 13 years of age. The sale, offering for sale, or delivery of an energy drink with a caffeine level of 5.9 mg or more per ounce to any person without a label that prominently displays the level of caffeine contained in the drink measured in milligrams per ounce and a warning indicating that ingesting high levels of caffeine may pose a health risk to children. For the purpose of this Section, "energy drink" means any softdrink with a caffeine level of 5.9 mg or more per ounce.

(410 ILCS 620/4) (from Ch. 56 1/2, par. 504)

Sec. 4. In addition to the remedies hereinafter provided the Director is authorized to file a complaint and apply to the circuit court for, and such court may upon hearing and for cause shown grant, a temporary restraining order or preliminary or permanent injunction restraining any person from violating any provision of Sections 3.1 through 3.23 3.21.

(Source: P.A. 84-891.)".