Reference is to the bill as introduced.
Amend the bill, as and if amended, Section 61-4-280(B), as contained in SECTION 1, beginning on line 28, pages 1-2, by deleting subsection (B) in its entirety and inserting:
/ (B) For purposes of this section, 'alcoholic energy drink' and 'caffeinated malt beverage' mean a prepackaged alcoholic or malt beverage in which caffeine or other stimulants including, but not limited to, guarana, ginseng, and taurine have been intentionally added as a food additive to the beverage. For purposes of this section, the term 'food additive' has the same meaning as defined in Section 201(s) of the Federal Food, Drug, and Cosmetic Act. This section does not apply to alcoholic or malt beverages made with ingredients that contain naturally occurring caffeine, including but not limited to, coffee, cola, tea, cacao, or extracts derived from these foods. /
Amend the bill further, by deleting Section 61-4-280(C) in its entirety, as contained in Section 1, page 2, lines 6-14 and inserting:
/ (C) A person or entity identified in subsection (A) who violates a provision of this section or a rule or regulation promulgated by the department or the division under this section, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both, in the discretion of the court. In addition to the punishment specified in this section, a person must forfeit his permit and is not authorized, for a period of two years after conviction, to engage in a business taxable under the provisions of this chapter. /
Renumber sections to conform.
Amend title to conform.