Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1390 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1336 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1390
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward J. Kennedy
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 decreasing food waste by standardizing the date labeling of food.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Edward J. KennedyFirst MiddlesexMichael J. BarrettThird Middlesex1/31/2023 1 of 4
16	16	SENATE DOCKET, NO. 1336 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1390
18	18	By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1390) of Edward J. Kennedy and
19	19	Michael J. Barrett for legislation to decrease food waste by standardizing the date labeling of
20	20	food. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 567 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 decreasing food waste by standardizing the date labeling of food.
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 SECTION 1. Chapter 94 of the General Laws, as appearing in the 2020 Official Edition,
32	32	2is hereby amended by inserting after Section 329 the following new section:-
33	33	3 Section 330. (a) As used in this section, the following words shall, unless the context
34	34	4clearly requires otherwise, have the following meanings:
35	35	5 “Commissioner”, the commissioner of public health.
36	36	6 “Food labeler”, the producer, manufacturer, distributor, or retailer that places a date label
37	37	7on food packaging of a product. 2 of 4
38	38	8 “Quality date”, a date voluntarily printed on food packaging that is intended to
39	39	9communicate to consumers the date after which the quality of the product may begin to
40	40	10deteriorate, even as the product may still be acceptable for consumption.
41	41	11 “Ready-to-eat product”, with respect to a product under the federal jurisdiction of the
42	42	12U.S. Secretary of Agriculture, a product that is in a form that is edible without additional
43	43	13preparation to achieve food safety and may receive additional preparation for palatability or
44	44	14aesthetic, epicurean, gastronomic, or culinary purposes and is a poultry product, as defined in
45	45	15section 4 of the Poultry Products Inspection Act (21 U.S.C. 453), a meat food product, as defined
46	46	16in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601), or an egg product, as defined in
47	47	17section 4 of the Egg Products Inspection Act (21 U.S.C. 1033). With respect to a food (as
48	48	18defined in Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) under the
49	49	19federal jurisdiction of the U.S. Secretary of Health and Human Services, a food that is normally
50	50	20eaten in its raw state or any other food, including a processed food, for which it is reasonably
51	51	21foreseeable that the food will be eaten without further processing that would significantly
52	52	22minimize biological hazards.
53	53	23 “Safety date”, a date printed on food packaging of a ready-to-eat product, which signifies
54	54	24the end of the estimated period of shelf life under any stated storage conditions, after which the
55	55	25product may pose a health safety risk.
56	56	26 (b) If a food labeler includes a quality date on food packaging, the label shall use the
57	57	27uniform quality date label phrase “best if used by”, unless and until the commissioner specifies
58	58	28through rulemaking another uniform phrase to be used. The decision to include a quality date on
59	59	29food packaging shall be at the discretion of the food labeler. 3 of 4
60	60	30 (c) The label of a ready-to-eat product shall include a safety date that is immediately
61	61	31preceded by the uniform safety date label phrase “expires on”, unless and until the commissioner
62	62	32specifies through rulemaking another uniform phrase to be used, if the ready-to-eat product: (1)
63	63	33meets the criteria described in subsection (d) and is not exempt under paragraph (2) of subsection
64	64	34(e); or (2) is listed in accordance with paragraph (1) of subsection (e).
65	65	35 (d) The commissioner shall describe criteria that determine what ready-to-eat products
66	66	36may have a high level of risk associated with consumption after a certain date, including those
67	67	37that may be high or very high risk for Listeria monocytogenes or other contaminants or
68	68	38pathogens causing foodborne illness.
69	69	39 (e) The commissioner may, with respect to the products under the commissioner’s
70	70	40jurisdiction: (1) list additional ready-to-eat products that are high risk, but do not meet the
71	71	41criteria described in subsection (f); or (2) exempt specific ready-to-eat products that meet the
72	72	42criteria described in subsection (f), but do not actually pose a high level of risk associated with
73	73	43consumption after a certain date.
74	74	44 (f) Not less than once every 4 years, the commissioner shall review and, as the
75	75	45commissioner determines appropriate, shall update: (1) the criteria described in subsection (f);
76	76	46and (2) the list and exemptions described in subsection (g).
77	77	47 (g) The quality date and safety date and immediately adjacent uniform quality date label
78	78	48phrase or safety date label phrase shall be: (1) in single easy-to-read type style using upper and
79	79	49lower case letters in the standard form; (2) located in a conspicuous place on the package of the
80	80	50food; and (3) where applicable, stated in terms of day and month and, as appropriate, year. 4 of 4
81	81	51 (h) The commissioner shall establish guidance for food labelers on how to determine
82	82	52quality dates and safety dates for food products. Not later than 1 year after the date of enactment
83	83	53of this act, the commissioner shall provide consumer education and outreach on the meaning of
84	84	54quality date and safety date food labels.
85	85	55 (i) No one shall prohibit the sale, donation, or use of any product after the quality date for
86	86	56the product has passed, but nothing in this section shall be construed to prohibit any one from
87	87	57establishing or continuing in effect any requirement that prohibits the sale or donation of foods
88	88	58based on passage of the safety date. Only safety-based restrictions may be imposed on the sale,
89	89	59donation, or use of any product after the quality date has passed. No one shall establish or
90	90	60continue in effect any requirement that relates to the inclusion in food labeling of a quality date
91	91	61or a safety date that is different from or in addition to, or that is otherwise not identical with, the
92	92	62requirements under this section.
93	93	63 (j) Nothing in this section shall be construed to prohibit or restrict the use of time-
94	94	64temperature indicator labels or similar technology that is consistent with the requirements of this
95	95	65section.
96	96	66 (k) This section shall apply only with respect to food products that are labeled on or after
97	97	67a date that is 2 years after the date of enactment of this act.
98	98	68 SECTION 2. Section 187 of Chapter 94 of the General Laws, as appearing in the 2020
99	99	69Official Edition, is hereby amended by inserting after the twenty-seventh paragraph the
100	100	70following paragraph:-
101	101	71 “Fifteenth, if it does not bear a label in accordance with section 330 of this chapter.”