H.R. 9913

119 HR 9913 IH: Safe Sips Act of 2026
 U.S. House of Representatives
 2026-07-23
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  2d Session  H. R. 9913  IN THE HOUSE OF REPRESENTATIVES   July 23, 2026   Mr. LaLota  introduced the following bill; which was referred to the  Committee on Energy and Commerce , and in addition to the Committee on  Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   A BILL
To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, and the Secretary of the Treasury, acting through the Alcohol and Tobacco Tax and Trade Bureau, to establish a system for color coding certain intoxicating drinks, and for other purposes.
1.
Short title
This Act may be cited as the   Safe Sips Act of 2026  .
2.
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.