HOUSE DOCKET, NO. 557        FILED ON: 1/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2272

The Commonwealth of Massachusetts

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PRESENTED BY:

Shawn Dooley

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act requiring labeling of allergens in prepared foods.

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PETITION OF:

HOUSE DOCKET, NO. 557        FILED ON: 1/25/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2272

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3611 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act requiring labeling of allergens in prepared foods.

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

SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 237. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:-

“Prepared Foods”, (1) food sold in a heated state or heated by the seller; or (2) two or more food ingredients mixed or combined by the seller for sale as a single item, but not including food that is only cut, repackaged or pasteurized by the seller, and eggs, fish, meat, poultry and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in Chapter 3, part 401.11 of its Food Code so as to prevent food borne illnesses; or (3) food sold with eating utensils provided by the seller including plates, knives, fork, spoons, glasses, cups, napkins or straws; provided, that a plate does not include a container or packaging used to transport the food; and provided further, that Prepared food does not include food sold by a seller whose proper primary North American Industry Classification System classification is manufacturing in section 311 of said system and food sold in an unheated state by weight or volume as a single item.

“Major Allergen”, (1) milk, egg, fish, Crustacean shellfish, tree nuts, wheat, peanuts and soybeans; or (2) any food ingredient that contains protein derived from a food specified in clause (1) , except any highly refined oil derived from a food specified in clause (1) and any ingredient derived from such highly refined oil.

(b) All prepared foods sold in the commonwealth shall be clearly and conspicuously labeled to show which, if any, major allergens are present in said food and in its ingredients, flavoring, coloring or other additives therein.

(c) In the case of a tree nut, fish or Crustacean shellfish, the name of the specific type of nut or species of fish or Crustacean shellfish shall be clearly displayed on the label required pursuant to subsection (b)

(d) Any person may petition the commissioner to exempt a food ingredient described in from the allergen labeling requirements of subsection (b). The commissioner shall approve or deny such petition within 180 days of receipt of the petition or the petition shall be deemed denied, unless an extension of time is mutually agreed upon by the commissioner and the petitioner. The burden shall be on the petitioner to provide scientific evidence (including the analytical method used to produce the evidence) that demonstrates that such food ingredient, as derived by the method specified in the petition, does not cause an allergic response that poses a risk to human health. The commissioner shall promptly post to a public site all petitions received under this paragraph within 14 days of receipt and the commissioner shall promptly post the commissioner’s response to each.

(e) Any food, ingredient, flavoring, coloring, or other additive determined not to pose a risk to human health and exempted from federal allergen labeling laws pursuant to 21 U.S.C § 343(w) shall be exempt from the provisions of this section.