STAND. COM. REP. NO.  191

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 904

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Health, to which was referred H.B. No. 904 entitled:

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR,"

begs leave to report as follows:

     The purpose of this bill is to prohibit the sale of caffeinated alcoholic beverages unless they are labeled as an "intoxicating liquor" and contain a warning of their harmful effects.

     MADD Hawaii testified in support of this bill.  The Distilled Spirits Council of the United States supported the intent of this measure.

     Your Committee has amended this bill by:

     (1)  Replacing the term "caffeinated alcoholic beverage" with "caffeinated beer beverage";

     (2)  Clarifying the warning that the potential harmful effects of consuming a caffeinated beer beverage may increase, rather than be similar to, the potential harmful effects of consuming an intoxicating liquor;

     (3)  Defining "caffeinated beer beverage" as beer in which caffeine has been intentionally added as a food additive to the beverage; and

     (4)  Exempting beverages made with ingredients that contain naturally occurring caffeine such as coffee, tea, cacao, or extracts derived from those foods.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 904, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 904, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

RYAN I. YAMANE, Chair