S5008

An Act concerning retail food establishments and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. For purposes of this section:

“Menu” means a printed list of the names or images of a beverage item or items, and the primary writing or similar signage of a retail food establishment from which a customer makes an order selection. Menus shall include breakfast, lunch, and dinner menus; dessert menus; beverage menus; children’s menus; other specialty menus; electronic menus; and menus available on the Internet, and may be in various forms, including booklets, pamphlets, single sheets of paper, or electronic screens. Menus shall also include menu boards inside the retail food establishment, as well as drive-through menu boards outside the food retail establishment.

“Retail food establishment” means the same as the term is defined in subsection l. of P.L.2009, c.306 (C.26:3E-17).

“Temporary menu item” means an item that appears on a menu or menu board for less than a total of 60 days per calendar year. The 60 days shall include the total of consecutive and non-consecutive days the item appears on the menu.

b. Any retail food establishment organized under the laws of this State shall clearly and conspicuously display a disclosure for any beverage offered for sale, whether as a standard or temporary menu item, that contains at least 150 milligrams or more of total caffeine per serving. The disclosure for these beverage items shall have the statement “High caffeine” or another similar warning, icon, or symbol approved by the commissioner. The disclosure shall appear directly next to the name of the beverage item and be clearly associated with it on all menus, including drive-through menu boards.

c. The Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that a violation of this section has occurred, shall, by written notification, advise the proprietor of the retail food establishment accordingly and order appropriate action to be taken.

d. A proprietor of a retail food establishment who violates the provisions of this section shall be subject to a penalty of not less than $200 or more than $500 for the first offense, and not less than $500 or more than $1,000 for the second or any subsequent offense. A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this section if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health or the local board of health, as the case may be, as plaintiff.

When the plaintiff is the Commissioner of Health, the penalty recovered shall be paid by the commissioner into the State treasury. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.

e. The provisions of this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not previously exist under State law or limit any claim, right of action, or civil liability that otherwise exists under State law.

f. There shall be no private right of action against the proprietor of a retail food establishment for failure to comply with the provisions of this section.

g. To the extent consistent with federal law, the provisions of this section, as well as any other State law regulating disclosures for beverages containing at least 150 milligrams or more of total caffeine per serving, shall be a matter of Statewide concern and shall occupy the entire field of regulation regarding the disclosure of such beverages by a retail food establishment, as well as content required to be posted on menus, menu board systems or similar signage, or stanchions, as applicable.

No ordinance or regulation of a local government or local board of health shall regulate the dissemination of information regarding beverages containing at least 150 milligrams or more of total caffeine per serving or the content required to be placed on menus, menu board systems or similar signage, or stanchions by a retail food establishment. Any local government or local board of health ordinance or regulation that violates this prohibition is void and shall have no force or effect.

h. In accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health may promulgate rules and regulations to effectuate the provisions of this section.

2. This act shall take effect on the tenth month following the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires retail food establishments to provide disclosures for certain caffeinated beverages.

Under the provisions of the bill, any retail food establishment organized under the laws of this State is required to clearly and conspicuously display a disclosure for any beverage offered for sale, whether as a standard or temporary menu item, that contains at least 150 milligrams or more of total caffeine per serving. The disclosure for these beverage items is to have the statement “High caffeine” or another similar warning, icon, or symbol approved by the Commissioner of Health. The disclosure is to appear directly next to the name of the beverage item and be clearly associated with it on all menus, including drive-through menu boards.

Under the bill, if a person files a complaint or if there is reason to believe a violation has occurred, the Department of Health or local health board will notify the proprietor of the retail food establishment in writing and require them to take the necessary actions.

Furthermore, a proprietor of a retail food establishment who violates the provisions of this bill is subject to a penalty of not less than $200 or more than $500 for the first offense, and not less than $500 or more than $1,000 for the second or any subsequent offense. A municipal court has jurisdiction over proceedings to enforce and collect any penalty imposed due to a violation of the provisions of this bill, provided that the violation occurred within the territorial jurisdiction of the court. The process is to be initiated by the Commissioner of Health or the local board of health, as the plaintiff.

Additionally, when the Commissioner of Health is the plaintiff, any recovered penalties will be paid into the State Treasury. However, if the local board of health is the plaintiff, the recovered penalty will be directed to the treasury of the municipality where the violation occurred.

The provisions of this bill are not to be construed to create or enhance any claim, right of action, or civil liability that did not previously exist under State law or limit any claim, right of action, or civil liability that otherwise exists under State law.

Finally, the bill provides that any local ordinance or regulation that conflicts with its provisions is void and has no legal effect.

This bill is in response to the tragic passing of Sarah Katz, whose death underscores the need for greater consumer awareness regarding the risks of excessive caffeine consumption in certain beverages. Inspired by similar federal legislation introduced by House Representative Menendez, this bill seeks to ensure that consumers are informed about the caffeine content of beverages containing 150 milligrams or more of caffeine per serving. By requiring such disclosures, the sponsor’s intent is to provide consumers with the necessary information to make informed decisions, thereby promoting public health and safety, and preventing future tragedies related to high caffeine consumption.