House Bill 1285

AN ACT TO CREATE "NOAH'S LAW"; TO PROVIDE LEGISLATIVE INTENT; TO PROVIDE DEFINITIONS; TO PROHIBIT THE SALE, BARTER OR TRANSFER OF PURE POWDERED CAFFEINE PRODUCTS; TO PROVIDE PENALTIES FOR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and cited as "Noah's Law."

SECTION 2. (1) As used in this act, "pure powdered caffeine product" means a product that consists solely of pure caffeine, or is sold or marketed as pure caffeine or pure powdered caffeine, and is manufactured into a crystalline or powdered form. A "pure powdered caffeine product" does not include products that contain caffeine and are formulated, manufactured, and labeled in accordance with the laws and regulations enforced by the United States Food and Drug Administration.

(2) Except as provided in subsection (3) of this act, no person, firm, corporation or other entity shall knowingly sell or offer for sale, barter, or give away a pure powdered caffeine product for human consumption.

(3) Subsection (2) of this act shall not prohibit a person, firm, corporation or other entity from selling or offering for sale, bartering, giving away, distributing, or delivering either of the following:

(a) A pure powdered caffeine product used in any lawful manufacturing process of another lawful product, in any lawful research, or in any lawful prescription drug; or

(b) Any product that receives explicit approval as safe and effective for its intended use under the Federal Food, Drug and Cosmetic Act or is lawfully marketed under an over-the-counter monograph issued by the United States Food and Drug Administration.

(4) Any person, firm, corporation or other entity who violates this act shall be liable as follows: For a first conviction, a fine of not more than One Hundred Fifty Dollars ($150.00); and for all subsequent convictions, a fine of not more than One Thousand Dollars ($1,000.00).

(5) The provisions of this act shall supersede any existing or subsequently enacted law, ordinance, rule or regulation of any local government or political subdivision which relates to the sale, purchase, promotion, possession, manufacture, or distribution of a pure powdered caffeine product, of any lawful product containing caffeine, and of any lawful product included in subsection (2) of this section. No local government or political subdivision shall adopt any law, ordinance, rule or regulation that is more restrictive than the provisions of this act.

SECTION 3. This act shall take effect and be in force from and after its passage.