[Adopted 10-7-2014 by L.L. No. 30-2014]
This Legislature hereby finds and determines that the County of Suffolk is dedicated to protecting the health and safety of its residents, and is particularly interested in the health of children. This Legislature also finds and determines that caffeine is a stimulant that is found naturally in the seeds, leaves and roots of some plants and can be found in a variety of products, from coffee and tea to sodas and energy drinks. This Legislature further finds and determines that caffeine in small quantities is generally not dangerous for human consumption, but large quantities of caffeine can be extremely dangerous, even lethal. This Legislature finds that companies are increasingly selling pure caffeine powder to consumers as a dietary supplement. This Legislature determines that these supplements are intended to be taken at very low doses (1/16 of a teaspoon), but some users do not follow these guidelines. This Legislature further finds that the symptoms of caffeine overdose include difficulty breathing, confusion, dizziness, convulsions, fever, hallucinations, an irregular rapid heartbeat, vomiting and, in some cases, may cause death. This Legislature also determines that the estimated lethal dosage of caffeine powder is between one teaspoon and three teaspoons a day. Children may experience toxicity at an even lower dosage. This Legislature also finds that recently, a high school teenager in Ohio died just days before his high school graduation from a caffeine overdose related to using caffeine powder. This Legislature further determines that given the potentially dangerous nature of caffeine powder, Suffolk County should prohibit the sale of caffeine powder to individuals under the age of 18. Therefore, the purpose of this law is to prohibit the sale of powdered caffeine to minors in Suffolk County.
As used in this article, the following terms shall have the meanings indicated:
CAFFEINE POWDER
Any product composed purely of caffeine in a loose powder form.
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.
No person shall sell, offer for sale, give away or provide free samples of caffeine powder to individuals under the age of 18 in Suffolk County.
A. 
Violations of this article shall be punishable by a fine of $500 for an initial violation, with subsequent violations punishable by a fine of up to $1,000.
B. 
A civil penalty shall 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 Suffolk County Department of Health Services.
The Commissioner of the Suffolk County 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 all actions occurring on or after the effective date of this article.