Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2130 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1309 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2130
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ruth B. Balser
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting the health and safety of people in restaurants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Ruth B. Balser12th Middlesex1/18/2023 1 of 2
16	16	HOUSE DOCKET, NO. 1309 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2130
18	18	By Representative Balser of Newton, a petition (accompanied by bill, House, No. 2130) of Ruth
19	19	B. Balser relative to requiring choke response employee training in all restaurants. Public
20	20	Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 4273 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act protecting the health and safety of people in restaurants.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby
32	32	2amended by striking out section 305D and inserting in place thereof the following section:-
33	33	3 Section 305D. Each food establishment shall have on its premises, when food is being
34	34	4served, an employee trained in manual procedures approved by the department of public health
35	35	5to remove food lodged in a person’s throat. The department of public health shall adopt
36	36	6regulations listing all approved manual procedures which it determines may be used effectively
37	37	7to remove food lodged in a person’s throat. Each such food establishment shall make adequate
38	38	8provisions for insurance to cover employees trained in rendering such assistance. The local board
39	39	9of health shall notify all food establishments subject to this chapter of their obligations under the
40	40	10law, and provide municipal health inspectors with written fact sheets and copies of this statute, 2 of 2
41	41	11and information regarding certified training sites and organizations, for distribution to all food
42	42	12establishments subject to this chapter.
43	43	13 Each food establishment shall display on its premises, in an area that is reasonably
44	44	14accessible to customers, a poster that visibly instructs how to assist a person who is choking. The
45	45	15poster shall be developed by the department.
46	46	16 Any person, or employee of any person, who has been properly trained in these
47	47	17procedures, and in good faith, volunteers to remove or attempts to remove such food in an
48	48	18emergency shall not be liable for any civil damages as a result of any acts or omissions by such
49	49	19person or employee in rendering such emergency assistance. Take-out only restaurants, so-
50	50	20called, with no customer seating on the premises, as well as food trucks, so-called, shall not be
51	51	21subject to this section.