September 9, 2008, Introduced by Rep. Calley and referred to the Committee on Commerce.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
(MCL 289.1101 to 289.8111) by adding section 5104.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5104. (1) A food establishment shall not sell an energy
drink to an individual less than 17 years of age.
(2) A food establishment determined to have violated
subsection (1) is subject only to administrative fines and costs
under section 5105.
(3) In an action for the violation of this section, proof that
the defendant or the defendant's agent or employee demanded and was
shown, before furnishing an energy drink to an individual less than
17 years of age, a motor vehicle operator's or chauffeur's license
or other bona fide documentary evidence of the age and identity of
that individual shall be a defense to an action brought under this
section.
(4) As used in this section, "energy drink" means a carbonated
beverage that contains both of the following:
(a) A caffeine content that exceeds 71 milligrams per 12-ounce
serving.
(b) Taurine and glucuronolactone.