Chapter 94 of the General Laws is hereby amended by striking out section 305D and inserting in place thereof the following section:-
Section 305D. Each Food Service Establishment shall have on its premises, when food is being served, an employee trained in manual procedures approved by the department of public health to remove food lodged in a person’s throat. The department of public health shall adopt regulations listing all approved manual procedures which it determines may be used effectively to remove food lodged in a person’s throat. Each such Food Service Establishment shall make adequate provisions for insurance to cover employees trained in rendering such assistance. The Department of Public Health shall notify all Food Service Establishments subject to this chapter of their obligations under the law, and provide municipal health inspectors with written fact sheets and copies of this statute, and information regarding certified training sites and organizations, for distribution to all Food Service Establishments subject to this Chapter.
Any person, or employee of any person, who has been properly trained in these procedures, and in good faith, volunteers to remove or attempts to remove such food in an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person or employee in rendering such emergency assistance. Take-out only restaurants, so-called, with no customer seating on the premises, as well as Food Trucks, so-called, shall not be subject to this section.
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