NJ A3259

Retail food establishments must display a "High caffeine" warning or commissioner-approved icon next to any beverage containing 80 milligrams or more of caffeine per serving on all menus, including drive-through menu boards.

The disclosure requirement applies to both standard and temporary menu items (items appearing for less than 60 days per calendar year).

Violations carry penalties of $200-$500 for first offenses and $500-$1,000 for subsequent offenses, enforced by the Department of Health or local health boards through municipal courts.

No private right of action exists against establishments for non-compliance; only the Commissioner of Health or local health boards may initiate enforcement proceedings.

The bill preempts all local ordinances and regulations regarding caffeine disclosure requirements, making this a matter of statewide concern with uniform standards.