Large Delaware food sellers would flag high caffeine drinks on menus

Covered food sellers would put warning symbols beside high caffeine drinks and explain what the symbols mean. The rule would apply to sellers with at least 20 Delaware locations; smaller sellers are encouraged. It names handmade drinks and energy drinks. For handmade drinks, high caffeine means more than 100 milligrams per serving. Drinks whose only caffeine comes from brewed or steeped coffee or tea are excluded. The symbols must match the size of menu prices and appear on delivery app menus. Alcoholic drinks and bars or restaurants that sell alcohol are exempt. Warnings are optional for items listed for fewer than 60 straight days. The warning rule would take effect one year after enactment.

Public health officials could investigate violations and would notify businesses in writing when they find one. These procedures would apply to food sellers covered by the caffeine warning rule. A business may correct its first or second violation by proving it meets the requirements within 90 days after receiving notice. These procedures would take effect one year after enactment.