Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1571 Compare Versions

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

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2	2	SENATE DOCKET, NO. 2536 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1571
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
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 for healthy kids, healthy futures.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester2/3/2025 1 of 11
16	16	SENATE DOCKET, NO. 2536 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1571
18	18	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1571) of Jason M. Lewis and Joanne
19	19	M. Comerford for legislation to prohibit the marketing of sugary drinks in schools. Public
20	20	Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1396 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act for healthy kids, healthy futures.
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 71 of the General Laws, as appearing in the 2022 Official Edition,
32	32	2is hereby amended by inserting after section 99 the following section:-
33	33	3 Section 100.
34	34	4 (a) For the purposes of this section, the following words shall have the following
35	35	5meanings:
36	36	6 (1) “Advertising”, an oral, written or graphic statement or representation, including a
37	37	7company logo or trademark, made for the purpose of promoting the use or sale of a product by
38	38	8the producer, manufacturer, distributor, seller or any other entity with a commercial interest in
39	39	9the product. 2 of 11
40	40	10 (2) “Brand”, a corporate or product name, a business image or a mark, regardless of
41	41	11whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods
42	42	12or services and to distinguish them from competitors’ goods.
43	43	13 (3) “Non-compliant beverage”, a beverage that does not meet the minimum nutrition
44	44	14standards for foods sold or served under school meal programs as set forth by the United States
45	45	15Department of Agriculture under the Healthy, Hunger-Free Kids Act of 2010 and federal
46	46	16regulations implementing the Act [42 U.S.C. section 1779(b)].
47	47	17 (4) “Non-compliant beverage brand”, a beverage brand that manufactures, sells or
48	48	18distributes a non-compliant beverage under its corporate brand name, or any of it’s subsidiaries
49	49	19or affiliated corporations.
50	50	20 (b) Except as provided in subsection (c), the department of education shall prohibit at any
51	51	21school within the commonwealth:
52	52	22 (1) Advertising of any non-compliant beverage or of any non-compliant beverage brand.
53	53	23Advertising of a non-compliant beverage or non-compliant beverage brand shall be prohibited on
54	54	24any property or facility owned or leased by the school district or school and used at any time for
55	55	25school-related activities, including, but not limited to, school buildings, athletic fields, facilities,
56	56	26signs, scoreboards, or parking lots, or any school buses or other vehicles, equipment, vending
57	57	27machines, uniforms, educational material or supplies.
58	58	28 (2) Participation in an incentive program that rewards children with free or discounted
59	59	29non-compliant beverages when they reach certain academic goals. 3 of 11
60	60	30 (3) Participation in an incentive program that provides funds to schools in exchange for
61	61	31consumer purchases of non-compliant beverages.
62	62	32 (c) The restrictions on advertising in subsection (b) shall not apply to:
63	63	33 (1) Advertising on broadcast, digital, or print media, unless the media are produced or
64	64	34controlled by the local education agency, school, faculty, or its students;
65	65	35 (2) Advertising on clothing with brand images worn on school grounds;
66	66	36 (3) Advertising contained on product packaging; or
67	67	37 (4) Advertising at infrequent events held outside of normal school hours for primary
68	68	38purpose of fundraising.
69	69	39 SECTION 2. Chapter 94 of the General Laws is hereby amended by inserting after
70	70	40section 329 the following section:- Section 330.
71	71	41 (a) For the purposes of this section, the following words shall have the following
72	72	42meanings:
73	73	43 (1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a
74	74	44chain with 20 or more locations doing business under the same name and offering for sale
75	75	45substantially the same menu items.
76	76	46 (2) “Chain menu developer”, the person that owns and licenses the brand name under
77	77	47which the covered establishment does business, or any other person responsible for determining
78	78	48the formula or recipe for items displayed on the menu of a covered establishment. 4 of 11
79	79	49 (3) “Daily Value”, the daily reference value established by the U.S. Food and Drug
80	80	50Administration based on the reference caloric intake of 2,000 calories per day.
81	81	51 (4) “Food Tag”, a written or printed description of food or beverages
82	82	52 (5) "Menu or menu board", the primary writing of a chain restaurant from which a
83	83	53customer makes an order selection, including, but not limited to, breakfast, lunch, and dinner
84	84	54menus; dessert menus; beverage menus; children's menus; other specialty menus; electronic
85	85	55menus; and menus on the internet. Menus on the internet include, but are not limited to, menus
86	86	56on chain restaurant websites and on third-party platforms when chain restaurants post and control
87	87	57their own menus.
88	88	58 (6) “Self-serve dispensing point”, the location at which a customer may access food or
89	89	59beverages without the assistance of a staff member, including self-serve fountain beverage
90	90	60machines.
91	91	61 (7) "Standard menu item", a food or beverage item, including multiple items priced
92	92	62together, that is listed on a menu or menu board. It shall not include temporary menu items
93	93	63appearing on the menu for less than 60 days per calendar year.
94	94	64 (8) “Third-party platform”, a website, web application or other web-based platform from
95	95	65which consumers can access a chain restaurant’s menu.
96	96	66 (b) The department of public health shall promulgate regulations designating an icon with
97	97	67accompanying text that shall be displayed adjacent to the name of any standard menu item that
98	98	68may exceed the daily value for added sugars: 5 of 11
99	99	69 (1) The added sugars warning icon and accompanying text identified under subsection
100	100	70(b), which shall appear:
101	101	71 (i) next to or directly under each standard menu item that exceeds the daily value for
102	102	72added sugars and at a height no smaller than the largest letter in the name of the item; and
103	103	73 (ii) prominently and conspicuously immediately adjacent to each self-serve dispensing
104	104	74point.
105	105	75 (2) The following factual statement explaining the warning: "[insert icon and
106	106	76accompanying text]: this item may exceed the total daily recommended limit for added sugars
107	107	77based on a 2,000 calorie diet."
108	108	78 (c) For menus allowing customization through interactivity, including interactive
109	109	79electronic menus, chain restaurants may instead of displaying a static added sugars warning icon
110	110	80and factual statement, display such icon and statement dynamically, so long as each appears
111	111	81prominently and conspicuously when a consumer makes a choice that would cause the added
112	112	82sugars content of a standard menu item to exceed the daily value, and disappears when a
113	113	83consumer makes a choice that would cause the added sugars content of a standard menu item to
114	114	84be below the daily value.
115	115	85 (d) Any chain restaurant that violates the provisions of this section for every 6 months
116	116	86shall be subject to a civil penalty of not more than $250 per day for each location not in
117	117	87compliance. 6 of 11
118	118	88 (e) The department of public health shall publish a guidance explaining the added sugars
119	119	89warning icon requirement and how to comply, including specific directions for compliance at
120	120	90chain restaurants’ physical locations and for menus on the internet.
121	121	91 (f) Reporting Requirement. Once every 90 days, the chain menu developer shall report to
122	122	92the department the amount of added sugars in each menu item offered for sale in a covered
123	123	93establishment, or that no changes to the menu information have been made since the last report.
124	124	94 SECTION 3. Section 1 of Chapter 71 of the General Laws is hereby amended by adding
125	125	95the following paragraph: -
126	126	96 The department of elementary and secondary education shall encourage school districts
127	127	97to implement instruction in media literacy skills from the third grade to the twelfth grade, and in
128	128	98any of the core subjects or other subjects, to equip students with skills for accessing, analyzing,
129	129	99evaluating, and creating all types of media. Instruction shall include, but not be limited to,
130	130	100teaching of skills for analyzing and evaluating advertising content for food, beverages, drugs and
131	131	101alcohol.
132	132	102 SECTION 4. Chapter 111 of the General Laws, as so appearing, is hereby amended by
133	133	103inserting after section 244 of the following section:-
134	134	104 Section 245.
135	135	105 (a) For the purposes of this section, the following words shall have the following
136	136	106meanings: 7 of 11
137	137	107 (1) “Chain restaurant”, a restaurant or similar retail food establishment that is part of a
138	138	108chain with 20 or more locations doing business under the same name and offering for sale
139	139	109substantially the same menu items.
140	140	110 (2) “Children’s meal” means a combination of food item or items and a beverage, sold
141	141	111together at a single price, primarily intended for consumption by children.
142	142	112 (b) A chain restaurant may not sell a children’s meal unless the chain restaurant offer at
143	143	113least two children’s meals, or 25 percent of the children’s meals on the children’s menu,
144	144	114whichever is great, containing no more than:
145	145	115 (1) 550 calories;
146	146	116 (2) 700 milligrams of sodium;
147	147	117 (3) 15 grams of added sugars;
148	148	118 (4) 10 percent of calories from saturated fat; and
149	149	119 (5) 0 grams of trans fat.
150	150	120 (c) A chain restaurant may not sell a children’s meal unless the chain restaurant offers at
151	151	121least two children’s meals, or 25 percent of the children’s meals on the children’s menu,
152	152	122whichever is greater, which include servings in the specified amounts from at least two of the
153	153	123following five food groups. At least one of the two food groups must be a fruit or non-fried
154	154	124vegetable.
155	155	125 (1) 0.5 cup (or equivalent unit of measurement) of fruit;
156	156	126 (2) 0.5 cup (or equivalent unit of measurement) of non-fried vegetable; 8 of 11
157	157	127 (3) A product that provides at least eight grams of whole grains and meets at least one of
158	158	128the following criteria:
159	159	129 (i) Contains at least 50 percent whole grain ingredients; or
160	160	130 (ii) Lists whole grains as the first ingredient.
161	161	131 (4) Meat or meat alternative, equaling at least:
162	162	132 (i) one ounce meat, poultry, or seafood;
163	163	133 (ii) one egg
164	164	134 (iii) one fourth cup pulses (beans, peas, lentils) or soy products;
165	165	135 (iv) two tablespoons nut butter; or
166	166	136 (v) one ounce nuts and seeds.
167	167	137 (5) 0.5 cup of nonfat or 1 percent milk or low-fat yogurt, or 1 ounce of reduced fat
168	168	138cheese. Plant-based nondairy alternatives are allowed, but they must be calcium and Vitamin D
169	169	139fortified.
170	170	140 For purposes of this subsection, all juices, including 100 percent fruit or vegetable juice,
171	171	141condiments, and spreads shall not be considered fruits or vegetables and shall not be used as a
172	172	142fruit or vegetable substitute.
173	173	143 (d) A chain restaurant may not offer a children’s meal with a beverage unless that
174	174	144beverage is one of the following:
175	175	145 (1) Water with no added natural or artificial sweeteners; 9 of 11
176	176	146 (2) Unflavored nonfat or low-fat milk with no added natural or artificial sweeteners;
177	177	147 (3) Non-dairy milk alternative that is nutritionally similar to cow’s milk with no added or
178	178	148artificial sweeteners; or
179	179	149 (4) 100 percent fruit or vegetable juice, with no added natural or artificial sweeteners, in a
180	180	150serving size of no more than 6 ounces.
181	181	151 (e) Nothing in this section prohibits a chain restaurant from selling, or a customer from
182	182	152purchasing a children’s meal that is not a children’s meal offered pursuant to subsection (c) or a
183	183	153default beverage offered pursuant to subsection (d).
184	184	154 (f) The department of public health and local boards of health acting under the
185	185	155supervision of the department of public health shall implement, administer, and enforce this
186	186	156statue. The department of public health is hereby authorized to issue all rules and regulations
187	187	157consistent with this statue and shall have all necessary powers to carry out the purpose of this
188	188	158statue.
189	189	159 (g) Within 30 days of the effective date of this statue, or any amendments thereto, the
190	190	160department of public health shall send a copy of the statue or any such amendment and the
191	191	161written information resources created in accordance with subsection (g) below to all chain
192	192	162restaurants.
193	193	163 (h) Within 9 months of the effective date of this statute, the department of public health
194	194	164shall develop an annual report form and shall send a copy of such form to all chain restaurants.
195	195	165Within 30 days of any amendment to the annual report form, the department of health shall send
196	196	166a copy of such form to all chain restaurants. 10 of 11
197	197	167 (i) The department of public health shall create a written informational resource in
198	198	168English and Spanish summarizing the requirements of this statue.
199	199	169 (j) All chain restaurants shall report annually to the department of public health whether
200	200	170they offer children’s meals and if so, that they understand their obligations under this section.
201	201	171Such reporting must be done on a form prescribed by the department and must be signed by a
202	202	172responsible agent or officer of the chain restaurant in order to confirm that the information
203	203	173provided on the form is accurate and complete. Failure to comply with this subsection shall
204	204	174constitute a violation of this section.
205	205	175 (k) Restaurant that violates the provisions of this section for every 6 months shall be
206	206	176subject to a civil penalty of not more than $250 per day for each location not in compliance.
207	207	177 SECTION 5. (a) Section 330 of chapter 94 of the General Laws shall take effect 2 years
208	208	178after the enactment of this act.
209	209	179 (b) Pursuant to subsection (b) of section 2 of this act, the department of public health
210	210	180shall promulgate regulations designating an icon with accompanying text that shall be displayed
211	211	181next to or directly under the name of any standard menu item that exceeds the daily value for
212	212	182added sugars or immediately adjacent to each self-serve dispensing point and shall publish its
213	213	183initial guidance on compliance with the added sugars warning icon requirement of said section
214	214	184330 no later than 1 year after the enactment of this act.
215	215	185 (c) No later than 4 years after the enactment of this act, the department of public health
216	216	186shall issue a report reviewing evidence of the law's impact on menu item reformulation and
217	217	187consumer behavior and recommending additional nutrients that should be considered for menu 11 of 11
218	218	188warning icons. The report shall be provided to the joint committee on public health and shall be
219	219	189posted on the public internet site of the department.