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An Act To Prohibit the Sale of High-caffeine Energy Drinks to Persons under 18 Years of Age
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2176  is enacted to read:
§ 2176. Energy drinks
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Energy drink" means a soft drink that contains 80 or more milligrams of caffeine per 8 fluid ounces advertised as being specifically designed to provide energy and generally including a combination of methylxanthines, B vitamins and herbal ingredients.
 
B.  "Minor" means a person who has not attained 18 years of age.
 
2.  Prohibition.     A person may not sell, furnish, give away or offer to sell, furnish or give away an energy drink in this State to a minor.
 
3.  Violation.     A person who violates subsection 2 commits a civil violation for which a fine may be imposed under subsection 4.
 
4.  Fines.     The fines under this subsection apply to violations of subsection 2.
 
A.  A person who violates subsection 2 commits a civil violation for which a fine of $50 may be adjudged.
 
B.  A person who violates subsection 2 after having previously violated subsection 2 commits a civil violation for which a fine of $100 may be adjudged.
 
C.  A person who violates subsection 2 after having previously violated subsection 2 more than once commits a civil violation for which a fine of $500 may be adjudged.
 
SUMMARY
This bill prohibits the sale of energy drinks to minors. An energy drink is a soft drink that contains 80 or more milligrams of caffeine per 8 fluid ounces advertised as being specifically designed to provide energy.