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HB 459

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 7 co-sponsors

HB 459 aims to regulate energy drink access and information in Delaware K-12 schools, potentially restricting sales and requiring health education and labeling.

Passed By Senate. Votes: 21 YES
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Bill Summary · HB 459

Executive summary

HB 459 is a bill proposed in the Delaware General Assembly during the 153rd session that aims to amend Title 14 of the Delaware Code, which governs public education. The primary focus, based on the bill’s title and typical statewide education code amendments, is to address energy drinks within the K-12 education context. The bill was introduced and assigned to the Education Committee in the House on June 4, 2026. Co-sponsors include Mara Gorman, DeShanna Neal, Josue Ortega, and Russ Huxtable.

Purpose and intent

  • Establish or modify state-level policy related to the regulation, access, or usage of energy drinks in schools or school-sponsored activities.
  • Clarify responsibilities of school districts, administrators, teachers, parents, or guardians regarding energy drinks.
  • Create or adjust health and safety standards, education, or reporting requirements related to energy drink consumption in or on school property.

Key provisions and changes (as drafted in a typical energy-drink-related amendment)

(Note: The following outlines reflect common elements seen in energy drink amendments to education codes. The exact text of HB 459 would specify the precise requirements, prohibitions, and processes.)

  • Prohibition or restriction: Possible prohibition or restricted access to energy drinks for students on school property, at school-sponsored events, or during school hours.
  • Age-related provisions: Potential minimum age restrictions for students or requirements for parental consent for purchase or possession of energy drinks.
  • Procurement and sale: Guidelines for school districts regarding the sale, distribution, or vending of energy drinks on campus or through school-sponsored activities.
  • Disclosure and labeling: Requirements for labeling, marketing, or informing students and families about energy drink content, caffeine limits, and health considerations.
  • Health and safety standards: Introduction of limits on caffeine or stimulant ingredients in beverages sold or available in schools; mandatory nutrition or health education modules related to energy drink consumption.
  • Public reporting: Establishment of reporting requirements for schools to track incidents or health concerns linked to energy drink consumption.
  • Enforcement and penalties: Procedures for enforcement, including potential penalties for noncompliance by districts, vendors, or individuals.

Who would be affected

  • Students: Primary recipients of any access restrictions, education, or health information related to energy drinks.
  • School districts and charter schools: Responsible for implementing any new rules regarding sale, distribution, or supervision of energy drinks on campus.
  • School staff and administrators: Charged with enforcing policies, monitoring compliance, and delivering related health education.
  • Vendors and suppliers: Affected if there are changes to on-campus sale or provision of energy drinks.
  • Families/guardians: Involved through consent mechanisms or awareness of health guidance.

Procedural and timeline aspects

  • Introduction and referral: HB 459 introduced on 2026-06-04 and assigned to the Education Committee in the House.
  • Next steps: The bill would progress through committee hearings, potential amendments, and floor votes in the House, followed by consideration in the Senate (if applicable) and final approval or veto, consistent with Delaware’s legislative process.
  • Effective date: Any final enacted version would specify an effective date, which could be immediate or delayed to a future school year; the exact date would be stated in the enacted text.

Notes and considerations

  • The exact statutory language will determine whether the bill creates new mandates for schools, imposes broad or narrow restrictions, or focuses on informational and educational components.
  • As introduced, the bill is in the early stage of the legislative process, and specific details (e.g., permissible exceptions, enforcement mechanisms, and funding implications) will emerge through committee discussions and amendments.

If you’d like, I can adjust the summary once the bill’s full text or committee bill analysis is available, to include precise provisions, definitions, and fiscal impacts.

Compiled from official sources — confirm details with the bill’s official record.

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