POLICY DATABASE
Policy 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.

Background Information

State Massachusetts
Jurisdiction Name Chelsea
Jurisdiction Type City,
Population Size 5,000-50,000
Legal Strategies
  • Prohibits/discourages something
  • Provides education, promotes awareness, or provides information
Reach Community-wide
Food System Category Process; Distribute;

Policy Details

Refers to priority populations?
No

Emergency management?
No
Health-related linkage?
Yes

Risk of coronary heart disease, new Federal Dietary Guidelines, heart-healthy oils (Pt. III, art. I, ch. 1, art. 1, §1.1).

Environmental linkage?
No

Economic linkage?
No

Includes findings?
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."

Has a stated intent or purpose?
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.

Includes definitions?
Yes

Pt. III, art. I, ch. 1, art. 1, §1.1, sec. I.

Addresses implementation?
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.

Enforcement provisions?
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.

Evaluation component?
No

Requires extra 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. "

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