SECTION 1. Section 3 of chapter 270 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding at the end thereof the following new paragraph:

Whoever distributes, delivers, gives away or sells, any “Energy Drink” or other ingredient, substance or beverage that exceeds a caffeine content of seventy-one (71) milligrams per twelve (12) ounce serving and contains taurine and glucuronolactone or a soft drink that is classified as a dietary supplement not regulated by the Food and Drug Administration and that contains eighty (80) or more milligrams of caffeine per eight (8) fluid ounces and generally includes a combination of methylxanthines, B vitamins and herbal ingredients which are advertised as being specifically designed to provide or increase energy to any persons under the age of nineteen (19) shall be punished by a fine not less than fifty (50) dollars for the first offense, one hundred (100) for the second offense and two hundred fifty (250) for the third offense.