SB 2372

Present law makes it an offense for a person to adulterate any food product or liquid that is manufactured, marketed, grown, or produced for human consumption or any pharmaceutical product that is designed, marketed, or prescribed for the diagnosis or treatment of a disease or medical condition by placing in, mixing with, or adding to the product or liquid, any object, liquid, powder or other substance with the intent to cause bodily injury, serious bodily injury , or death to a user of the product or liqui d. This bill also makes it an offense to adulterate any such food product, liquid, or pharmaceutical product with the intent to cause the involuntary intoxication of the user of the product or liquid. This bill makes a violation of this provision, where t he person intends to cause involuntary intoxication, a Class D felony. A Class D felony is punishable by imprisonment of two to 12 years and a fine of up to $5,000. DRINK DRUG TESTING DEVICES This bill prohibits a licensee authorized to sell or offer samples of intoxicating beverages for consumption from serving intoxicating beverages on the premises without maintaining a drink drug testing device approved by the alcoholic beverage commission ("commission""). Such a device must be readily available upon the request of a customer and be provided to the customer for free or at a cost not to exceed the reasonable cost of the device. Further, this bill requires a licensee to post a notice in an ob vious location that informs customers of the availability of the device. As used in this bill, a ""drink drug testing device"" means a device that meets all of the following requirements:  Utilizes disposable test strips to detect the presence of drugs in intoxicating drinks.  Is capable of detecting the presence of controlled substances, drugs, and drug analogs, salts, and isomers in a beverage that are used to incapacitate or intoxicate a person for purposes of assaulting the person or committing a crime.  Detects at least 10 controlled substances and at least two date rape drugs, as defined by federal law.  Provides results in less than five minutes.  Is manufactured in the United States or its territories. This bill requires the commission, in collaboration with the Tennessee bureau of investigation, to ensure that drink drug testing devices accurately test for the required number of substances. Further, the commission is authorized to require devices to test for additional substances, if doin g so is in the best interest of the public. Civil liability This bill provides that a licensee is not liable for a defective test or inaccurate test result from the drink drug testing device."