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.