Pennsylvania HB 2377: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for caffeine safety.

Bill Text

PRIOR PRINTER'S NO. 3167 PRINTER'S NO. 3674
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2377
Session of
2026
INTRODUCED BY DOUGHERTY, FREEMAN, GIRAL, McNEILL, HILL-EVANS,
HOHENSTEIN, NEILSON, SANCHEZ, MADDEN, HOWARD, GALLAGHER,
BELLMON, CIRESI AND FRANKEL, APRIL 10, 2026
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
JUNE 23, 2026
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in food protection, providing for caffeine safety.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
THIS ACT MAY BE REFERRED TO AS THE SARAH KATZ CAFFEINE SAFETY
LAW.
Section 1. Section 5705 of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5705. [(Reserved)] Caffeine safety.
(a) Disclosure required.--A proprietor of a retail food
facility that offers for sale a beverage containing at least 80
250 milligrams of total caffeine per serving, whether as a
standard menu item or temporary menu item, shall clearly and
conspicuously display a disclosure for the beverage.
(b) Contents and placement of disclosure.--The disclosure
required under subsection (a) shall:
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(1) state "high caffeine" or use another similar
warning, icon or symbol approved by the department; and
(2) appear directly next to the name of the beverage and
be clearly associated with the beverage on each menu on which
the beverage appears.
(c) Enforcement.--If a licensor receives a written complaint
or otherwise has reason to believe that a proprietor has
violated this section, the licensor shall provide written notice
to the proprietor of the alleged violation and order the
proprietor to take appropriate corrective action. A proprietor
that remains in violation of subsection (a) 30 days after
receiving the written notice shall be subject to the penalties
under section 5714 (relating to penalties).
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Menu." A posted, written or electronic list or display,
including a menu board, that identifies the name and price of a
beverage offered for sale by a retail food facility.
"Temporary menu item." An item that appears on a menu for
less than a total of 60 days in a calendar year, whether
consecutively or nonconsecutively.
Section 2. This act shall take effect in 90 days.
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