[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:
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association or other entity or business organization of any kind.
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.
