Chapter 140 of the General Laws is hereby amended by inserting after section 6B the following section:-

Section 6C. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Department”, the department of public health.

“Photographic or visual menu”, a menu that contains a written description accompanied by a photograph each food and drink item to assist individuals with communication impairments with ordering food and drink.

(b) A person licensed as an innholder or common victualler, when serving food, shall: (i) maintain on the premises for availability upon customer request a set of photographic or visual menus and (ii) include on all menus a notice to customers informing them of the availability of a photographic or visual menu for customers with communication impairments, the language of the notice shall be developed by the department in consultation with the department of developmental services, the Massachusetts Restaurant Association and Arc Massachusetts, Inc..

(c) The department shall develop a program for restaurants to be designated as “Communication Impairment Friendly” and shall maintain a listing of restaurants receiving that designation on its website. Participation in the program shall be voluntary and the department, in consultation with the Massachusetts Restaurant Association, shall issue guidelines and requirements for restaurants to receive the designation; provided that the requirements shall include, but not be limited to, maintaining on the premises and making available to the public, a set of photographic or visual menus.

(d) The department may adopt regulations to implement the provisions of this section.