Bill Text: MA S1684 | 2009-2010 | 186th General Court | Introduced


Bill Title: Restrict the sale of energy drinks to minors

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 3/2 at 1:00 PM in Hearing Room A2 [S1684 Detail]

Download: Massachusetts-2009-S1684-Introduced.html

The Commonwealth of Massachusetts

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PRESENTED BY:

Donnelly, Kenneth (SEN) (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
��������������� Court assembled:

��������������� The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act restricting the sale of energy drinks to minors.

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PETITION OF:

 

Name:

District/Address:

Jean Morrisey

15 Clelland Road
Lexington, MA 02421


 

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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An Act restricting the sale of energy drinks to minors.



��������������� Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

����������� SECTION 1. Chapter 270 of the General Laws is hereby amended by inserting after section 8A the following section:-

Section 8B: (a) As used in this section, the term �energy drink� shall mean a carbonated beverage that exceeds caffeine content of 100 milligrams of caffeine per 8 ounce serving.

(b)� Whoever sells an energy drink to any person under the age of 18 shall be punished by a fine of not less than $100 for the first offense, not less than $200 for the second offense and not less than $300 for the third or any subsequent offense.

����������� SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after section 2B the following section:-

Section 2C:� Student use of energy drinks.

(a)� As used in this section, the term �energy drink� shall mean a carbonated beverage that exceeds a caffeine content of 100 milligrams of caffeine per 8 ounce serving.

(b)� It shall be unlawful for any student, enrolled in either primary or secondary public schools in the commonwealth, to drink an energy drink on school grounds.� Each school committee shall establish a policy dealing with students who violate this law.� This policy may include, but not be limited to, mandatory education classes on nutrition and health.

����������� SECTION 3. Section 10 of chapter 64C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 45, the words �Each vending machine containing cigarettes or tobacco shall have attached on the front of it a notice to be furnished by the commissioner reading �Persons under eighteen are prohibited from using this machine�, and any person owning or operating a vending machine who fails to display such a notice shall be punished by a fine of not more than fifty dollars� and inserting in place thereof the following:-

�Each vending machine containing cigarettes, tobacco or energy drinks shall have attached on the front of it a notice to be furnished by the commissioner reading �Persons under eighteen are prohibited from using this machine�, and any person owning or operating a vending machine who fails to display such a notice shall be punished by a fine of not more than $50.�

����������� SECTION 4. Section 1 of chapter 64C, as so appearing, is hereby amended by inserting after the first paragraph the following sentence:- ��Whenever used in this chapter, unless the context otherwise requires, the word �energy drink� shall mean a carbonated beverage that exceeds a caffeine content of 100 milligrams of caffeine per 8 ounce serving.�

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