Amendment #1585 to H4000

An Act to Prohibit Certain Synthetic Food Dyes and Preservatives in Food Products and School Nutrition Programs

Mr. Boldyga of Southwick moves to amend the bill by adding the following section:

SECTION XXXX. Notwithstanding any general or special laws to the contrary

SECTION 1. Definitions

For the purposes of this act: (a) “Food product” shall mean any food, beverage, confectionery, condiment, or dietary supplement intended for human consumption, as defined under MGL Chapter 94, Section 1. (b) “School nutrition program” shall mean any meal, snack, or beverage program administered by a public school, charter school, or school district under MGL Chapter 69, Section 1C, including programs funded by the National School Lunch Program or School Breakfast Program. (c) “Synthetic food dye” shall mean any artificial color additive derived from petroleum or other synthetic sources, as listed in 21 C.F.R. Part 74. (d) “Preservative” shall mean any chemical additive used to extend the shelf life of a food product, including butylated hydroxyanisole (BHA) or propylparaben.

SECTION 2. Prohibition of Certain Food Additives in School Nutrition Programs

(a) No food product served, sold, or distributed as part of a school nutrition program in the Commonwealth shall contain any of the following synthetic food dyes: (1) Red Dye No. 3 (Erythrosine); (2) Red Dye No. 40 (Allura Red AC); (3) Yellow Dye No. 5 (Tartrazine); (4) Yellow Dye No. 6 (Sunset Yellow FCF); (5) Blue Dye No. 1 (Brilliant Blue FCF); (6) Blue Dye No. 2 (Indigotine); (7) Green Dye No. 3 (Fast Green FCF). (b) The prohibition in subsection (a) shall take effect August 1, 2026. (c) The Department of Elementary and Secondary Education, in consultation with the Department of Public Health, shall promulgate regulations to ensure compliance, including guidelines for food procurement and vendor contracts. (d) School districts and food service providers shall maintain records demonstrating compliance, subject to inspection by the Department of Elementary and Secondary Education.

SECTION 3. Prohibition of Certain Food Additives in Food Products

(a) No person, corporation, or entity shall manufacture for sale, offer for sale, or distribute within the Commonwealth any food product containing the following additives: (1) Red Dye No. 3 (Erythrosine); (2) Red Dye No. 40 (Allura Red AC); (3) Yellow Dye No. 5 (Tartrazine); (4) Yellow Dye No. 6 (Sunset Yellow FCF); (5) Blue Dye No. 1 (Brilliant Blue FCF); (6) Blue Dye No. 2 (Indigotine); (7) Green Dye No. 3 (Fast Green FCF); (8) Butylated hydroxyanisole (BHA); (9) Propylparaben. (b) The prohibition in subsection (a) shall take effect January 1, 2029. (c) This section shall apply to all food products, including those sold in retail establishments, restaurants, and over-the-counter drugs containing food additives, as defined under MGL Chapter 94, Section 186. (d) The Department of Public Health shall promulgate regulations to enforce this section, including testing protocols, labeling requirements, and exemptions for products in interstate commerce compliant with federal law.

SECTION 4. Enforcement and Penalties

(a) The Department of Public Health shall enforce Section 4, and the Department of Elementary and Secondary Education shall enforce Section 3, with authority to conduct inspections and issue guidance. (b) Violations of Section 3 or Section 4 shall be subject to: (1) A civil penalty not exceeding $500 for a first offense; (2) A civil penalty not exceeding $1,000 for a second or subsequent offense; (3) Injunctions or other equitable relief as determined by a court of competent jurisdiction. (c) Willful violations involving the sale or distribution of prohibited food products with intent to deceive consumers may be prosecuted as a misdemeanor under MGL Chapter 94, Section 187, subject to a fine not exceeding $500 or imprisonment not exceeding 3 months, or both. (d) The Department of Public Health and the Department of Elementary and Secondary Education may issue warnings and provide technical assistance to facilitate compliance before imposing penalties.

SECTION 5. Reporting

(a) The Department of Public Health and the Department of Elementary and Secondary Education shall jointly submit an annual report to the Joint Committee on Public Health and the Joint Committee on Education, detailing: (1) Compliance rates among school nutrition programs and food vendors; (2) Economic impacts, including effects on food prices and availability; (3) Public health outcomes related to the prohibition of specified additives; (4) Recommendations for further legislative or regulatory action. (b) The first report shall be submitted no later than December 31, 2027, and annually thereafter.

SECTION 6. Severability

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application.

SECTION 7. Effective Date

This act shall take effect upon its passage, with specific prohibitions effective as provided in Sections 3 and 4.

Additional co-sponsor(s) added to Amendment #1585 to H4000

An Act to Prohibit Certain Synthetic Food Dyes and Preservatives in Food Products and School Nutrition Programs