104701.
For purposes of this article, the following definitions apply:(a) “Beverage company” means a person who enters into a comprehensive beverage agreement with a bottler, distributor, or retailer for the manufacturing, distribution, or sale of branded beverages or branded beverage products.
(b) (1) “Beverage for medical use” means a beverage suitable for human consumption and manufactured for use as an oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages or for use as an oral rehydration electrolyte solution for infants and children formulated to
prevent or treat dehydration due to illness.
(2) “Beverage for medical use” includes a “medical food.” Consistent with Section 5(b)(3) of the Orphan Drug Act (Public Law 97-414, codified at 21 U.S.C. Sec. 360ee(b)(3)), “medical food” means a food that is formulated to be consumed or administered internally under the supervision of a physician and that is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.
(c) “Beverage for medical use” does not include drinks commonly referred to as “sports drinks” or any other derivative or similar terms.
(d) “Caloric” means a substance
that adds calories to the diet of a person who consumes that substance.
(e) “Caloric sweetener” means a substance containing calories, suitable for human consumption, that humans perceive as sweet, including, but not limited to, sucrose, fructose, glucose, fruit juice concentrate, or other sugars.
(f) “Distribute” means to sell or otherwise provide a product to a person for resale in the ordinary course of business to a consumer in the state.
(g) “Distributor” means a person, including a manufacturer or wholesale dealer, who receives, stores, manufactures, bottles, or distributes bottled sugar-sweetened beverages, syrups, or powders for sale to retailers doing business in the state, or any combination of those
activities, whether or not that person also sells those products to consumers.
(h) “Milk” means natural liquid milk, regardless of animal or plant source or butterfat content, natural milk concentrate, whether or not reconstituted, or dehydrated natural milk, whether or not reconstituted.
(i) “Natural fruit juice” means the original liquid resulting from the pressing of fruits or the liquid resulting from the dilution with water of dehydrated natural fruit juice.
(j) “Natural vegetable juice” means the original liquid resulting from the pressing of vegetables or the liquid resulting from the dilution with water of dehydrated natural vegetable juice.
(k) “Nonsale distribution incentive” means an incentive, or other financial support, given or offered to a distributor or retailer for promotional and marketing activities, consumer incentives, or other similar offers, coupons, or rebate offers for branded products to the consumer.
(l) “Person” means a natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, or other legal entity.
(m) “Retailer” means a person who sells or otherwise dispenses in the state a sugar-sweetened beverage to a consumer, whether or not that person is also a distributor.
(n) “Sale” or “sell” means the transfer of title or possession for valuable
consideration, regardless of the manner by which the transfer is completed.
(o) (1) “Sugar-sweetened beverage” means a sweetened nonalcoholic beverage, carbonated or noncarbonated, that is intended for human consumption and contains added caloric sweetener. As used in this subdivision, “nonalcoholic beverage” means a beverage that contains less than one-half of 1 percent alcohol per volume.
(2) “Sugar-sweetened beverage” does not include any of the following:
(A) Bottled sugar-sweetened beverages, syrups, and powders sold to the United States government and American Indian tribal governments.
(B) Beverages sweetened solely with
noncaloric sweeteners.
(C) Beverages consisting of 100 percent natural fruit or vegetable juice with no added caloric sweetener.
(D) Beverages in which milk, or soy, rice, or a similar milk substitute, is the primary ingredient or the first listed ingredient on the label of the beverage.
(E) Beverages with fewer than five grams of added sugar or
other caloric sweeteners per 12 ounces.
(F) Coffee or tea without added caloric sweetener.
(G) Infant formula.
(H) Beverages for medical use.
(I) Water without any caloric sweetener.
(J) Any beverage designed as supplemental, meal replacement, or sole-source nutrition that includes proteins, carbohydrates, and multiple vitamins and minerals.
(K) An oral electrolyte solution for infants and children formulated to prevent dehydration due to illness.
(p) “Sugar-sweetened beverage product” means a formula, liquid, or solid mixture of ingredients used in making, mixing, or compounding sugar-sweetened beverages using one or more other ingredients, including, but not limited to, water, ice, powder, simple syrup, fruits, vegetables, fruit juice, vegetable juice, carbonation, or other gas.