,i #aaith ,,congress #b;d ,session ,h4 ,r4 #iiac ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjbf,mr4 ,la,lota introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 ,services1 acting through the ,commissioner of ,food and ,drugs1 and the ,secretary of the ,treasury1 acting through the ,alcohol and ,tobacco ,tax and ,trade ,bureau1 to establish a system for color coding certain intoxicating drinks1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,sips ,act of #bjbf4 #b4 ,color-coding system for certain intoxicating drinks 7a7 ,establishment of system ,the ,secretary shall establish a system for color coding the packaging of a covered drink that-- 7#a7 identifies one single color to be used at the dispensing point of such packaging1 regardless of the type of intoxicating substance in such drink2 7#b7 includes a non-color identifier on such packaging1 including text1 a symbol1 a pattern1 a tactile feature1 or such other identifier1 for purposes of ensuring accessibility to a consumer of such drink who is blind or colorblind2 and 7#c7 for purposes of enforcing the prohibition under subsection 7b77#d71 provides for technical specifications and color tolerances as to the meaning of substantially similar color4 7b7 ,requirements ,with respect to implementation of system 7#a7 ,manufacturer requirements ,a manufacturer of a covered drink shall implement the system established under subsection 7a74 7#b7 ,dissemination of information ,a distributor or retailer shall disseminate information1 as determined by the ,secretary1 to consumers with respect to the system established under subsection 7a74 7#c7 ,sale of covered drinks ,a retailer shall ensure that any covered drink sold1 or offered for sale1 by such retailer complies with the system established under subsection 7a74 7#d7 ,prohibition on use of color for non-covered drink ,a manufacturer1 distributor1 or retailer may not include the color identified under subsection 7a77#a71 or a substantially similar color1 at the dispensing point of the packaging of a drink that is not a covered drink4 7c7 ,enforcement ,for purposes of enforcing the requirements under subsection 7b71 the ,secretary shall establish-- 7#a7 a procedure for assessing a civil penalty on any manufacturer1 distributor1 or retailer who does not comply with such requirements2 and 7#b7 a structure for determining such a fine4 7d7 ,rulemaking ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue such rules as may be necessary to implement this section4 7e7 ,preemption ,no ,state1 political division of a ,state1 or ,tribal government may enact1 adopt1 promulgate1 or enforce any law1 regulation1 or other requirement that is in addition to1 or more stringent than1 a requirement or prohibition established under this section4 7f7 ,rule of construction ,nothing in this ,act shall be construed to effect-- 7#a7 the authority under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 including the scheduling of a controlled substance or any requirement or prohibition with respect to such scheduling2 or 7#b7 the authority under any other ,federal law with respect to the manufacture1 distribution1 sale1 importation1 possession1 or introduction or delivery for introduction into interstate commerce of a covered drink4 7g7 ,definitions ,in this ,act3 7#a7 ,alcohol ,the term alcohol means any drink that-- 7,a7 is in a liquid form2 7,b7 contains not less than #j4je percent alcohol by volume2 and 7,c7 is intended for human consumption4 7#b7 ,covered drink ,the term covered drink means a drink for sale that-- 7,a7 contains a covered substance2 and 7,b7 is in-- 7i7 a single can or bottle2 or 7ii7 any such other container1 as determined by the ,secretary4 7#c7 ,covered substance ,the term covered substance means-- 7,a7 alcohol2 7,b7 ,,thc2 7,c7 an intoxicating cannabinoid2 7,d7 a ,kratom-related substance2 or 7,e7 any such other intoxicating substance1 as determined by the ,secretary4 7#d7 ,dispensing point ,the term dispensing point-- 7,a7 means the top1 end1 closure1 or such other component of a drink container through which a consumer can access1 open1 pour1 or otherwise dispense such drink2 and 7,b7 includes a can end1 bottle cap1 bottle closure1 lid1 cork1 stopper1 spout1 nozzle1 spigot1 or such other component1 as determined by the ,secretary1 for accessing1 opening1 pouring1 or otherwise dispensing such drink4 7#e7 ,distributor ,the term distributor-- 7,a7 means a person that sells1 transfers1 or delivers a covered drink for resale2 and 7,b7 does not include a person acting solely as a common carrier4 7#f7 ,intoxicating cannabinoid ,the term intoxicating cannabinoid means a cannabinoid1 including an isomer1 a derivative1 an analogue1 a homolog1 or a synthetic cannabinoid1 that has an intoxicating or impairing effect substantially similar to or greater than ,,thc1 as determined by the ,secretary1 when ingested by a human4 7#g7 ,kratom-related substance ,the term ,kratom-related substance means-- 7,a7 ,mitragyna speciosa ,korth41 including any part1 extract1 preparation1 concentrate1 alkaloid1 constituent1 derivative1 salt1 isomer1 or mixture of ,mitragyna speciosa ,korth42 7,b7 ,mitragynine2 or 7,c7 #g-;hydroxymitragynine1 including any substance containing enhanced1 concentrated1 chemically converted1 or synthetically produced #g-;hydroxymitragynine4 7#h7 ,manufacturer ,the term manufacturer means a person that commercially produces1 prepares1 packages1 repackages1 labels1 relabels1 or imports a covered drink for sale or distribution in the ,united ,states4 7#i7 ,retailer ,the term retailer means a person to whom a covered drink is delivered or sold1 if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such drink for purposes other than resale4 7#aj7 ,secretary ,the term ,secretary means1 as applicable-- 7,a7 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs2 and 7,b7 the ,secretary of the ,treasury1 acting through the ,alcohol and ,tobacco ,tax and ,trade ,bureau4 7#aa7 ,,thc ,the term ,,thc means a tetrahydrocannabinol or any isomer thereof1 as determined by the ,secretary1 including a delta-#h1 delta-#i1 or delta-#aj tetrahydrocannabinol1 regardless of whether such tetrahydrocannabinol or isomer is naturally occurring1 chemically converted1 synthesized1 or derived from hemp1 marihuana1 or any such other source4 7h7 ,applicability ,this ,act shall apply to a covered drink manufactured1 distributed1 sold1 or offered for sale on or after the date that is #d years after the date of enactment of this ,act4