POLICY DATABASE
Chelsea, Mass., Code, pt. III, art. I, ch. 1, art. 1 (current through August 31, 2017)
Brief Summary
This law prohibits the storage, preparation, distribution, hold for service, or serving any food or beverage containing artificial trans fat in the City of Chelsea. The regulation does not include the sale of any food or beverage containing artificial trans fat that is contained in a manufacturer's original sealed package and that bears a United States Federal Food and Drug Administration-compliant nutrition label. The law also Directs the Board of Health to approve a logo or symbol that Food Service Establishments may display at their location of business and/or on any advertising material to inform the public of their full compliance with this regulation.
Legal Strategies
Prohibits/discourages something.
Provides education, promotes awareness, or provides information.
Reach
Community-wide
Food System Category: Process, Distribute
State: Massachusetts
Jurisdiction Type: City
Jurisdiction Name: Chelsea
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Risk of coronary heart disease, new Federal Dietary Guidelines, heart-healthy oils (Pt. III, art. I, ch. 1, art. 1, §1.1).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. "The ""whereas"" clauses at the at the top of section 1.1 include numerous findings, including, e.g.: WHEREAS, it is an essential function, duty and responsibility of the Chelsea Board of Health to adequately safeguard the health of all its residents; and WHEREAS, scientific evidence demonstrates a clear association between increased trans fat intake and the risk of coronary heart disease; and WHEREAS, given the scientific consensus on the relationship between trans fat intake and heart disease, the new Federal Dietary Guidelines recommend that trans fat intake be kept as low as possible. Pt. III, art. I, ch. 1, art. 1.".
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. The "whereas" clauses at the at the top of section 1.1 indicate the following puprose "WHEREAS, it is an essential function, duty and responsibility of the Chelsea Board of Health to adequately safeguard the health of all its residents….THEREFORE, we, the undersigned members of the Board of Health, hereby promulgate this regulation.." Pt. III, art. I, ch. 1, art. 1.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Pt. III, art. I, ch. 1, art. 1, §1.1, sec. I.
Does the law address implementation in some way?
Yes. The law provides that the Board of Health will approve a logo or symbol—and related policies for use and display of that logo or symbol—that Food Service Establishments may display at their location of business and/or on any advertising material that informs the public of their full compliance with this regulation. It is also implied that the Board of Health will receive and evaluate documentation listing the ingredient and nutrient content of all food products from food vendors. Pt. III, art. I, ch. 1, art. 1, §1.1.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Within any single one (1) year period, any person or entity found to be in violation of these regulations shall be subject to a fine of one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense, and three hundred dollars ($300) for any third or subsequent offense. The one-year period shall be calculated by counting backwards from the date of the most recent offenses alleged. Pt. III, art. I, ch. 1, art. 1, §1.1, sec. VI.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
"Chelsea, Massachusetts - Code of Ordinances PART III - REGULATIONS ARTICLE I - BOARD OF HEALTH CHAPTER 1. - HEALTH REGULATIONS FOR COMMERCIAL ESTABLISHMENTS ARTICLE 1. - FOOD HEALTH AND SAFETY Section 1.1. - Sale and/or Distribution of Foods Containing Artificial Trans-Fat. ".