[Adopted 3-19-2013 by L.L. No. 16-2013]
A. 
This Legislature hereby finds and determines that so-called "energy drinks" are very popular, particularly among young people. This Legislature also finds that these drinks contain very high amounts of caffeine, though the exact amounts are not disclosed by their makers as nutrition information. This Legislature finds that caffeine is not a source of energy but a stimulant and, therefore, these beverages are more accurately described as "stimulant drinks" and are referred to as such in this article. This Legislature finds that stimulant drinks also contain herbal supplements, vitamins and amino acids, including, but not limited to, guarana, taurine, vitamins B6 and B12, yerba mate, bitter orange, ginkgo, St. John's Wort and ginseng. The exact blend of these ingredients is not disclosed by manufacturers.
B. 
This Legislature determines that consumption of stimulant drinks by minors has been associated with hyperactivity, lack of concentration, poor nutrition and dental problems. Consumption of stimulant drinks can also cause significant adverse health effects, including aggravating heart conditions, headaches, rapid heartbeat, nervousness, irritability, sleeplessness, dehydration, abnormal heart rhythms, and stomach upset. These effects may be exacerbated in minors and occur after consuming smaller quantities of caffeine or other stimulants. This Legislature notes that many stimulant drinks are labeled by their own manufacturers as "Not Recommended for Children."
C. 
This Legislature also finds that although there is general consensus that it is not advisable for minors to consume stimulant drinks, some manufacturers and distributors of stimulant drinks advertise their products at extreme sporting events, concerts, and in video games and gaming networks, all of which are popular with adolescents. This Legislature further determines that some stimulant drink manufacturers provide free samples of their products at public events that attract young people; mail free samples of liquid and powdered stimulant drinks to minors at their homes; and provide coupons to minors for free or discounted samples of stimulant drinks.
D. 
This Legislature concludes that, given the health risks associated with consumption of stimulant drinks by minors, it is reasonable and appropriate for the County of Suffolk to exercise its police powers to prohibit certain advertising and marketing practices that put stimulant drinks in the hands of minors. Therefore, the purpose of this article is to prohibit the distribution of free samples of stimulant drinks or coupons for free or discounted stimulant drinks to minors within the County of Suffolk.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association or other entity or business organization of any kind.
STIMULANT DRINK
A beverage or powdered drink mix that contains 75 or more milligrams of caffeine per eight fluid ounces and generally includes a combination of other supplements such as methylxanthines, B vitamins, herbal ingredients and other ingredients which are advertised as being specifically designed to provide or improve energy.
No person shall provide free samples of stimulant drinks or coupons for free or discounted stimulant drinks to any individual under the age of 18 in the County of Suffolk. This prohibition shall apply to the direct mailing of free samples or coupons for free or discounted stimulant drinks to County residents under the age of 18.
A. 
Violation of this article shall be punishable by a civil fine of up to $500 for a first violation, with subsequent violations punishable by a fine of up to $1,000.
B. 
A civil penalty shall only be assessed by the Commissioner of the Department of Health Services following a hearing at which an alleged violator has the opportunity to be heard.
This article shall be enforced by the Department of Health Services.
The Commissioner of the Department of Health Services is hereby authorized and empowered to promulgate such rules and regulations as he or she deems necessary to implement this article.
This article shall apply to actions occurring on or after the effective date of this article.
This article shall take effect on the sixtieth day upon filing in the Office of the Secretary of State.