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

PRINTER'S NO.   3167

                      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 AND
        BELLMON, APRIL 10, 2026

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, APRIL 13, 2026


                                      AN ACT
 1   Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
 2      Statutes, in food protection, providing for caffeine safety.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5      Section 1.     Section 5705 of Title 3 of the Pennsylvania
 6   Consolidated Statutes is amended to read:
 7   § 5705.    [(Reserved)] Caffeine safety.
 8      (a)    Disclosure required.--A proprietor of a retail food
 9   facility that offers for sale a beverage containing at least 80
10   milligrams of total caffeine per serving, whether as a standard
11   menu item or temporary menu item, shall clearly and
12   conspicuously display a disclosure for the beverage.
13      (b)    Contents and placement of disclosure.--The disclosure
14   required under subsection (a) shall:
15             (1)   state "high caffeine" or use another similar
16      warning, icon or symbol approved by the department; and
17             (2)   appear directly next to the name of the beverage and
 1      be clearly associated with the beverage on each menu on which
 2      the beverage appears.
 3      (c)   Enforcement.--If a licensor receives a written complaint
 4   or otherwise has reason to believe that a proprietor has
 5   violated this section, the licensor shall provide written notice
 6   to the proprietor of the alleged violation and order the
 7   proprietor to take appropriate corrective action. A proprietor
 8   that remains in violation of subsection (a) 30 days after
 9   receiving the written notice shall be subject to the penalties
10   under section 5714 (relating to penalties).
11      (d)   Definitions.--As used in this section, the following
12   words and phrases shall have the meanings given to them in this
13   subsection unless the context clearly indicates otherwise:
14      "Menu."   A posted, written or electronic list or display,
15   including a menu board, that identifies the name and price of a
16   beverage offered for sale by a retail food facility.
17      "Temporary menu item."   An item that appears on a menu for
18   less than a total of 60 days in a calendar year, whether
19   consecutively or nonconsecutively.
20      Section 2.   This act shall take effect in 90 days.




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