[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:
Any product composed purely of caffeine in a loose powder
form.
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.
