This bill mandates that retail food establishments in New Jersey must provide clear disclosures for caffeinated beverages containing at least 80 milligrams of caffeine per serving. The required disclosure must include the statement "High caffeine" or a similar warning approved by the Commissioner of Health, and it must be prominently displayed next to the beverage name on all menus, including drive-through boards. The bill also outlines the definitions of key terms such as "menu," "retail food establishment," and "temporary menu item," and establishes the process for enforcement, which includes written notifications from health authorities in case of violations.
Violations of this bill will result in penalties ranging from $200 to $500 for the first offense and $500 to $1,000 for subsequent offenses, with jurisdiction for enforcement resting with municipal courts. The bill clarifies that it does not create or enhance any civil liability under state law and prohibits local governments from enacting conflicting regulations regarding caffeine disclosures. Additionally, it allows the Commissioner of Health to create rules to implement the bill's provisions, which will take effect ten months after enactment.