Senate Bill 2672

AN ACT TO BE KNOWN AS "NOAH'S LAW"; TO PROHIBIT THE SALE OF CERTAIN CAFFEINE PRODUCTS TO ANYONE UNDER THE AGE OF 18; TO ENACT DEFINITIONS; TO PROVIDE PENALTIES; TO REQUIRE POINT OF SALE NOTICES; TO PROHIBIT MINOR POSSESSION OF CAFFEINE PRODUCTS ON EDUCATIONAL PROPERTY; AND FOR RELATED PURPOSES.

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

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

(2) "Caffeine product" means any caffeine pill, tablet or capsule that contains more than two hundred (200) milligrams of caffeine per unit. It does not include liquids containing caffeine.

(3) (a) It is unlawful to sell or transfer possession of a caffeine product to a person who is under eighteen (18) years of age.

(b) All places of business selling caffeine products must clearly mark all caffeine products to indicate that a person must be eighteen (18) years of age or older to purchase caffeine products as provided in subsection (6) of this section.

(c) (i) Violation of this section is a misdemeanor punishable by imprisonment not to exceed three (3) days and a fine not to exceed Fifty Dollars ($50.00) for a first offense, Seventy-five Dollars ($75.00) for a second offense, and Five Hundred Dollars ($500.00) for a third or subsequent offense.

(ii) It is a defense to prosecution under this section that government-issued photographic identification establishing the person's age as at least eighteen (18) years was examined before selling or transferring the caffeine product.

(4) It shall not be considered a violation of this section on the part of any law enforcement officer or person under eighteen (18) years of age for any law enforcement officer of this state to use persons under eighteen (18) years of age to purchase or attempt to purchase prohibited caffeine products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials.

(5) (a) No person under eighteen (18) years of age shall purchase any caffeine product prohibited by this act or possess or use caffeine products that are prohibited by this act on any educational property as defined in Section 97-37-17(a).

(b) If a person under eighteen (18) years of age is found by a court to be in violation of this section, the court may order the minor to perform up to three (3) hours of community service.

(c) A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records.

(6) (a) Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of prohibited caffeine products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three (93) square inches stating: "STATE LAW PROHIBITS THE SALE OF CERTAIN CAFFEINE PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS. PROOF OF AGE REQUIRED."

(b) Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00).

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.