99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0009

Introduced 1/15/2015, by Sen. Jennifer Bertino-Tarrant

SYNOPSIS AS INTRODUCED:

`New Act`
`105 ILCS 110/3`

Creates the Powdered Caffeine Control and Education Act. Prohibits any person from selling, offering to sell, giving away, or providing free samples of powdered pure caffeine to any person under age 18 located in the State or to any person under age 18 making the purchase from within the State. Sets forth penalties for violations of the Act. Contains legislative findings. Defines required terms. Amends the Critical Health Problems and Comprehensive Health Education Act. Provides that the Comprehensive Health Education Program shall include information regarding the use of powdered pure caffeine. Effective January 1, 2016.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Powdered Caffeine Control and Education Act.

6 Section 5. Findings. The General Assembly finds that the

7 United States Food and Drug Administration issued a warning

8 concerning powdered pure caffeine that companies market to

9 consumers. The powder, often sold in bulk, is nearly 100% pure

10 caffeine. Caffeine powder is easily purchased online,

11 including on websites that sell vitamins and supplements.

12 Because the product is unregulated by the United States Food

13 and Drug Administration, health experts indicate that it is

14 nearly impossible to know what dose of caffeine an individual

15 is consuming, even if the powder is measured carefully. While

16 caffeine in small quantities is generally not dangerous for

17 human consumption, large quantities of caffeine can be

18 extremely dangerous, even fatal. The American Academy of

19 Pediatrics discourages the consumption of caffeine and related

20 stimulants by children and adolescents.

21 Section 10. Purpose. The purpose of this Act is to ban the

22 sale of powdered pure caffeine to minors within the State in

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1 order to protect their health and safety.

2 Section 15. Definitions. As used in this Act:

3 "Person" means any natural person, corporation,

4 partnership, firm, organization, association, or other legal

5 entity.

6 "Powdered pure caffeine" means any product composed purely

7 of caffeine in a loose powdered form.

8 Section 20. Control of the sale of powdered pure caffeine.

9 (a) No person may sell, offer for sale, give away, or

10 provide free samples of powdered pure caffeine to any person

11 under age 18 located within the State or to any person under

12 age 18 making the purchase from within the State.

13 (b) The prohibition of subsection (a) of this Section does

14 not apply to the sale of any powdered pure caffeine product

15 that receives explicit approval as safe and effective for its

16 intended use under the federal Food, Drug, and Cosmetic Act or

17 is lawfully marketed under an over-the-counter monograph

18 issued by the United States Food and Drug Administration.

19 Section 25. Penalties.

20 (a) Any person who violates this Act is guilty of a Class A

21 misdemeanor.

22 (b) For a second or subsequent violation of this Act, a

23 person is guilty of a Class 3 felony.

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1 Section 70. The Critical Health Problems and Comprehensive

2 Health Education Act is amended by changing Section 3 as

3 follows:

4 (105 ILCS 110/3)

5 Sec. 3. Comprehensive Health Education Program. The

6 program established under this Act shall include, but not be

7 limited to, the following major educational areas as a basis

8 for curricula in all elementary and secondary schools in this

9 State: human ecology and health, human growth and development,

10 the emotional, psychological, physiological, hygienic and

11 social responsibilities of family life, including sexual

12 abstinence until marriage, prevention and control of disease,

13 including instruction in grades 6 through 12 on the prevention,

14 transmission and spread of AIDS, age-appropriate sexual abuse

15 and assault awareness and prevention education in grades

16 pre-kindergarten through 12, public and environmental health,

17 consumer health, safety education and disaster survival,

18 mental health and illness, personal health habits, the use of

19 powdered pure caffeine,alcohol, drug use, and abuse including

20 the medical and legal ramifications of alcohol, drug, and

21 tobacco use, abuse during pregnancy, evidence-based and

22 medically accurate information regarding sexual abstinence,

23 tobacco, nutrition, and dental health. The program shall also

24 provide course material and instruction to advise pupils of the

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1 Abandoned Newborn Infant Protection Act. The program shall

2 include information about cancer, including without limitation

3 types of cancer, signs and symptoms, risk factors, the

4 importance of early prevention and detection, and information

5 on where to go for help. Notwithstanding the above educational

6 areas, the following areas may also be included as a basis for

7 curricula in all elementary and secondary schools in this

8 State: basic first aid (including, but not limited to,

9 cardiopulmonary resuscitation and the Heimlich maneuver),

10 heart disease, diabetes, stroke, the prevention of child abuse,

11 neglect, and suicide, and teen dating violence in grades 7

12 through 12. Beginning with the 2014-2015 school year, training

13 on how to properly administer cardiopulmonary resuscitation

14 (which training must be in accordance with standards of the

15 American Red Cross, the American Heart Association, or another

16 nationally recognized certifying organization) and how to use

17 an automated external defibrillator shall be included as a

18 basis for curricula in all secondary schools in this State.

19 The school board of each public elementary and secondary

20 school in the State shall encourage all teachers and other

21 school personnel to acquire, develop, and maintain the

22 knowledge and skills necessary to properly administer

23 life-saving techniques, including without limitation the

24 Heimlich maneuver and rescue breathing. The training shall be

25 in accordance with standards of the American Red Cross, the

26 American Heart Association, or another nationally recognized

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1 certifying organization. A school board may use the services of

2 non-governmental entities whose personnel have expertise in

3 life-saving techniques to instruct teachers and other school

4 personnel in these techniques. Each school board is encouraged

5 to have in its employ, or on its volunteer staff, at least one

6 person who is certified, by the American Red Cross or by

7 another qualified certifying agency, as qualified to

8 administer first aid and cardiopulmonary resuscitation. In

9 addition, each school board is authorized to allocate

10 appropriate portions of its institute or inservice days to

11 conduct training programs for teachers and other school

12 personnel who have expressed an interest in becoming qualified

13 to administer emergency first aid or cardiopulmonary

14 resuscitation. School boards are urged to encourage their

15 teachers and other school personnel who coach school athletic

16 programs and other extracurricular school activities to

17 acquire, develop, and maintain the knowledge and skills

18 necessary to properly administer first aid and cardiopulmonary

19 resuscitation in accordance with standards and requirements

20 established by the American Red Cross or another qualified

21 certifying agency. Subject to appropriation, the State Board of

22 Education shall establish and administer a matching grant

23 program to pay for half of the cost that a school district

24 incurs in training those teachers and other school personnel

25 who express an interest in becoming qualified to administer

26 cardiopulmonary resuscitation (which training must be in

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1 accordance with standards of the American Red Cross, the

2 American Heart Association, or another nationally recognized

3 certifying organization) or in learning how to use an automated

4 external defibrillator. A school district that applies for a

5 grant must demonstrate that it has funds to pay half of the

6 cost of the training for which matching grant money is sought.

7 The State Board of Education shall award the grants on a

8 first-come, first-serve basis.

9 No pupil shall be required to take or participate in any

10 class or course on AIDS or family life instruction or to

11 receive training on how to properly administer cardiopulmonary

12 resuscitation or how to use an automated external defibrillator

13 if his or her parent or guardian submits written objection

14 thereto, and refusal to take or participate in the course or

15 program or the training shall not be reason for suspension or

16 expulsion of the pupil.

17 Curricula developed under programs established in

18 accordance with this Act in the major educational area of

19 alcohol and drug use and abuse shall include classroom

20 instruction in grades 5 through 12. The instruction, which

21 shall include matters relating to both the physical and legal

22 effects and ramifications of drug and substance abuse, shall be

23 integrated into existing curricula; and the State Board of

24 Education shall develop and make available to all elementary

25 and secondary schools in this State instructional materials and

26 guidelines which will assist the schools in incorporating the

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1 instruction into their existing curricula. In addition, school

2 districts may offer, as part of existing curricula during the

3 school day or as part of an after school program, support

4 services and instruction for pupils or pupils whose parent,

5 parents, or guardians are chemically dependent.

6 (Source: P.A. 97-1147, eff. 1-24-13; 98-190, eff. 8-6-13;

7 98-441, eff. 1-1-14; 98-632, eff. 7-1-14; 98-756, eff.

8 7-16-14.)

9 Section 99. Effective date. This Act takes effect January

10 1, 2016.