Safe Sips Act of 2026

[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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