By Representative Koutoujian of Waltham and Senator Buoniconti, joint petition (accompanied by bill, 2147) of Peter J. Koutoujian and others that the Department of Public Health be directed to promulgate regulations to restrict the use of trans fats in the preparation of food served as meals in restaurants. Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Peter J. Koutoujian

Christine E. Canavan

Denise Provost

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In the Year Two Thousand and Seven.

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An Act protecting public health.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

   Chapter 94 of the Massachusetts General Laws shall be amended by adding the following section:

Section xx.

(a) Artificial trans fat restricted. No foods containing artificial trans fat, as defined in this section, shall be stored, distributed, held for service, used in preparation of any menu item or served by a common victualler as licensed in Section 6 of Chapter 140 in the General Laws of Massachusetts, except food that is being served directly to patrons in a manufacturer’s original sealed package.

(b) Definition. For the purposes of this section, a food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, or has vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. However, a food whose nutrition facts label or other documentation from the manufacturer lists the trans fat content of the food as less than 0.5 grams per serving, shall not be deemed to contain artificial trans fat.

(c) Enforcement.   The Department of Public Health shall have the authority to promulgate rules and regulations to enforce the provisions of this section.

 (d) Effective date. This section shall take effect six months after passage with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads; except that the effective date of this section with regard to oils or shortenings used for deep frying of yeast dough or cake batter, and all other foods containing artificial trans fat, shall be 12 months after passage.