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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9913 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9913
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Sips Act of 2026''.
SEC. 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.
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