Color-coding system for certain intoxicating drinks

(a)

Establishment of system

The Secretary shall establish a system for color coding the packaging of a covered drink that— (1)identifies one single color to be used at the dispensing point of such packaging, regardless of the type of intoxicating substance in such drink; (2) includes a non-color identifier on such packaging, including text, a symbol, a pattern, a tactile feature, or such other identifier, for purposes of ensuring accessibility to a consumer of such drink who is blind or colorblind; and (3)for purposes of enforcing the prohibition under subsection (b)(4), provides for technical specifications and color tolerances as to the meaning of substantially similar color. (b)

Requirements With respect to implementation of system

(1)

Manufacturer requirements

A manufacturer of a covered drink shall implement the system established under subsection (a). (2)

Dissemination of information

A distributor or retailer shall disseminate information, as determined by the Secretary, to consumers with respect to the system established under subsection (a). (3)

Sale of covered drinks

A retailer shall ensure that any covered drink sold, or offered for sale, by such retailer complies with the system established under subsection (a). (4)

Prohibition on use of color for non-covered drink

A manufacturer, distributor, or retailer may not include the color identified under subsection (a)(1), or a substantially similar color, at the dispensing point of the packaging of a drink that is not a covered drink. (c)

Enforcement

For purposes of enforcing the requirements under subsection (b), the Secretary shall establish— (1)a procedure for assessing a civil penalty on any manufacturer, distributor, or retailer who does not comply with such requirements; and (2)a structure for determining such a fine. (d)

Rulemaking

Not later than 2 years after the date of enactment of this Act, the Secretary shall issue such rules as may be necessary to implement this section. (e)

Preemption

No State, political division of a State, or Tribal government may enact, adopt, promulgate, or enforce any law, regulation, or other requirement that is in addition to, or more stringent than, a requirement or prohibition established under this section. (f)

Rule of construction

Nothing in this Act shall be construed to effect— (1)the authority under the Controlled Substances Act (21 U.S.C. 801 et seq.), including the scheduling of a controlled substance or any requirement or prohibition with respect to such scheduling; or (2)the authority under any other Federal law with respect to the manufacture, distribution, sale, importation, possession, or introduction or delivery for introduction into interstate commerce of a covered drink. (g)

Definitions

In this Act: (1)

Alcohol

The term alcohol means any drink that— (A)is in a liquid form; (B)contains not less than 0.05 percent alcohol by volume; and (C)is intended for human consumption. (2)

Covered drink

The term covered drink means a drink for sale that— (A)contains a covered substance; and (B)is in— (i)a single can or bottle; or (ii)any such other container, as determined by the Secretary. (3)

Covered substance

The term covered substance means— (A)alcohol; (B)THC; (C)an intoxicating cannabinoid; (D)a Kratom-related substance; or (E)any such other intoxicating substance, as determined by the Secretary. (4)

Dispensing point

The term dispensing point— (A)means the top, end, closure, or such other component of a drink container through which a consumer can access, open, pour, or otherwise dispense such drink; and (B)includes a can end, bottle cap, bottle closure, lid, cork, stopper, spout, nozzle, spigot, or such other component, as determined by the Secretary, for accessing, opening, pouring, or otherwise dispensing such drink. (5)

Distributor

The term distributor— (A)means a person that sells, transfers, or delivers a covered drink for resale; and (B)does not include a person acting solely as a common carrier. (6)

Intoxicating cannabinoid

The term intoxicating cannabinoid means a cannabinoid, including an isomer, a derivative, an analogue, a homolog, or a synthetic cannabinoid, that has an intoxicating or impairing effect substantially similar to or greater than THC, as determined by the Secretary, when ingested by a human. (7)

Kratom-related substance

The term Kratom-related substance means— (A) Mitragyna speciosa Korth., including any part, extract, preparation, concentrate, alkaloid, constituent, derivative, salt, isomer, or mixture of Mitragyna speciosa Korth.; (B) Mitragynine; or (C) 7-hydroxymitragynine, including any substance containing enhanced, concentrated, chemically converted, or synthetically produced 7-hydroxymitragynine. (8)

Manufacturer

The term manufacturer means a person that commercially produces, prepares, packages, repackages, labels, relabels, or imports a covered drink for sale or distribution in the United States. (9)

Retailer

The term retailer means a person to whom a covered drink is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such drink for purposes other than resale. (10)

Secretary

The term Secretary means, as applicable— (A)the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs; and (B)the Secretary of the Treasury, acting through the Alcohol and Tobacco Tax and Trade Bureau. (11)

THC

The term THC means a tetrahydrocannabinol or any isomer thereof, as determined by the Secretary, including a delta-8, delta-9, or delta-10 tetrahydrocannabinol, regardless of whether such tetrahydrocannabinol or isomer is naturally occurring, chemically converted, synthesized, or derived from hemp, marihuana, or any such other source. (h)

Applicability

This Act shall apply to a covered drink manufactured, distributed, sold, or offered for sale on or after the date that is 4 years after the date of enactment of this Act.