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| 2 | 2 | | HOUSE DOCKET, NO. 2809 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 371 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Paul K. Frost |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to local boards of health and the sale of legal consumer products in the |
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| 13 | 13 | | Commonwealth. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Paul K. Frost7th Worcester1/16/2025Joseph D. McKenna18th Worcester1/28/2025 1 of 1 |
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| 17 | 17 | | HOUSE DOCKET, NO. 2809 FILED ON: 1/16/2025 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 371 |
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| 19 | 19 | | By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 371) of Paul K. |
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| 20 | 20 | | Frost and Joseph D. McKenna relative to bans on the sale of legal consumer products by local |
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| 21 | 21 | | boards of health. Consumer Protection and Professional Licensure. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to local boards of health and the sale of legal consumer products in the |
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| 28 | 28 | | Commonwealth. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Notwithstanding any general or special law to the contrary, Boards of Health in cities and |
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| 32 | 32 | | 2towns shall not have the power to ban the community-wide sale of any legal consumer product |
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| 33 | 33 | | 3by authorized stores, establishments and any other entities legally allowed to sell such products |
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| 34 | 34 | | 4in the Commonwealth and within the existing by-laws of the community, wholesale or retail, |
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| 35 | 35 | | 5without receiving the approval of town meeting or city council to create such a by-law within the |
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| 36 | 36 | | 6city or town. This provision shall not interfere with a Board of Health’s ability to take action for |
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| 37 | 37 | | 7an emergency and immediate health concern for a specific consumer product or from a specific |
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| 38 | 38 | | 8location if a health code violation has otherwise occurred or some other emergency health issue |
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| 39 | 39 | | 9should arise so long as such action is not to ban the legal sale for the sake of doing so. |
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