What's happening
This bill prohibits the retail sale or distribution of powdered pure caffeine, with exceptions for bulk business transactions, and imposes fines for violations.
Why it matters
Addresses safety risks of pure caffeine. Powdered pure caffeine is highly potent and can be lethal even in small amounts; this bill aims to reduce accidental overdoses, especially among teenagers and young adults who may not realize the dangers.
Limits access to consumers while preserving business use. By allowing sales only in bulk to business entities, the bill balances public health concerns with the needs of manufacturers, labs, or other legitimate commercial users.
Establishes clear legal and financial penalties. The imposition of a $1,000 fine for violations creates a deterrent for retailers and individuals, signaling the seriousness of the public health risk.
Responds to gaps not covered by federal regulation. Federal agencies have issued warnings but not outright bans; this state-level action fills a regulatory gap and could influence broader policy discussions on supplement safety.
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Who cares
Headline styles
Ban Powdered Pure Caffeine
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4510
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Health
AN ACT to amend the public health law and the general business law, in relation to prohibiting the sale of powdered pure caffeine
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new article 33-B to read as follows:
ARTICLE 33-B
POWDERED PURE CAFFEINE Section 3398. Definition.
3398-a. Sale prohibited.
3398-b. Exemption.
3398-c. Penalty.
§ 3398. Definition. For the purposes of this article, "powdered pure caffeine" means any concentrated powdered form of the stimulant caffeine, or any powder substance sold or marketed as pure caffeine.
§ 3398-a. Sale prohibited. No person, firm, corporation, partnership, association, limited liability company or other entity shall sell, offer to sell or give away for either retail or promotional purposes, or distribute powdered pure caffeine.
§ 3398-b. Exemption. The provisions of this article shall not apply to the marketing or sale of pure powdered caffeine in bulk form to any business entity as part of a business transaction.
§ 3398-c. Penalty. A violation of this article shall be an offense punishable by a fine of not more than one thousand dollars.
§ 2. The general business law is amended by adding a new section 390-d to read as follows:
§ 390-d. Powdered pure caffeine; prohibition. 1. For the purposes of this section, "powdered pure caffeine" means any concentrated powdered
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08858-01-7
A. 4510 2
form of the stimulant caffeine, or any powder substance sold or marketed as pure caffeine.
2. No person, firm, corporation, partnership, association, limited liability company or other entity shall sell, offer to sell or give away for either retail or promotional purposes, or distribute powdered pure caffeine; provided, however, that the provisions of this section shall not apply to the marketing or sale of pure powdered caffeine in bulk form to a business entity as part of a business transaction.
3. A violation of this section shall be an offense punishable by a fine of not more than one thousand dollars.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.