Massachusetts SD 822: An Act to promote healthy alternatives to sugary drinks

Bill Text

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SENATE DOCKET, NO. 822        FILED ON: 1/16/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1709 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Jason M. Lewis 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act to promote healthy alternatives to sugary drinks. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Jason M. Lewis Fifth Middlesex  
Kay Khan 11th Middlesex 1/28/2019 
Michael J. Barrett Third Middlesex 1/29/2019 
Jennifer E. Benson 37th Middlesex 1/30/2019 
John J. Lawn, Jr. 10th Middlesex 1/30/2019 
Jack Patrick Lewis 7th Middlesex 1/31/2019 
Joan B. Lovely Second Essex 2/1/2019 
Patricia D. Jehlen Second Middlesex 2/1/2019 
Daniel J. Hunt 13th Suffolk 2/1/2019 
Harriette L. Chandler First Worcester 2/1/2019 
Sonia Chang-Diaz Second Suffolk 2/7/2019 
Julian Cyr Cape and Islands 2/11/2019 
James B. Eldridge Middlesex and Worcester 2/11/2019 

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SENATE DOCKET, NO. 822        FILED ON: 1/16/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1709 
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1709) of Jason M. Lewis, Kay Khan, 
Michael J. Barrett, Jennifer E. Benson and other members of the General Court for legislation to 
promote healthy alternatives to sugary drinks.  Revenue. 
 
[SIMILAR MATTER FILED IN PREVIOUS SESSION 
SEE SENATE, NO. 1562 OF 2017-2018.] 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-First General Court 
(2019-2020) 
_______________
 
 
An Act to promote healthy alternatives to sugary drinks. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. The Massachusetts General Laws, as appearing in the 2018 Official Edition, 
2are hereby amended by inserting after chapter 64N the following new chapter:- 
3 Chapter 64O. SUGARY DRINK TAX 
4 Section 1. Definitions. 
5 (a) For the purposes of this section, the following words shall have the following 
6meanings: 
7 (1) "Beverage for medical use” means a beverage suitable for human consumption and 
8manufactured for use as an oral nutritional therapy for persons who cannot absorb or metabolize 
9dietary nutrients from food or beverages, or for use as an oral rehydration electrolyte solution for 

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10infants and children formulated to prevent or treat dehydration due to illness. “Beverage for 
11medical use” shall also mean a “medical food” as defined in section 5(b)(3) of the Orphan Drug 
12Act (21 
13 U.S.C. 360ee(b)(3)); this Act defines medical food as “a food which is formulated to be 
14consumed or administered enterally under the supervision of a physician and which is intended 
15for the specific dietary management of a disease or condition for which distinctive nutritional 
16requirements, based on recognized scientific principles, are established by medical evaluation.” 
17“Beverage for medical use” shall not include drinks commonly referred to as “sports drinks” or 
18any other common names that are derivations thereof. 
19 (2) “Bottle" means any closed or sealed container regardless of size or shape, including, 
20without limitation, those made of glass, metal, paper, plastic or any other material or 
21combination of materials. 
22 (3) "Bottled sugary drink" means any sugary drink contained in a bottle that is ready for 
23consumption without further processing such as, without limitation, dilution or carbonation. 
24 (4) “Commissioner” means the commissioner of revenue and his or her authorized agents 
25and employees. 
26 (5) "Commonwealth” means the commonwealth of Massachusetts. 
27 (6) "Consumer" means a person who purchases a sugary drink for consumption and not 
28for sale to another. 
29 (7) "Department" means the department of public health. 

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30 (8) "Distributor" means any person, including manufacturers and wholesale dealers, who 
31receives, stores, manufactures, bottles and/or distributes bottled sugary drinks, syrups or 
32powders, for sale to retailers doing business in the commonwealth, whether or not that person 
33also sells such products to consumers. 
34 (9) "Fund" means the Children’s Health Promotion Fund, established pursuant to section 
355. 
36 (10) “Milk” means natural liquid milk regardless of animal or plant source or butterfat 
37content; natural milk concentrate, whether or not reconstituted; or dehydrated natural milk, 
38whether or not reconstituted. 
39 (11) "Natural fruit juice” means the original liquid resulting from the pressing of fruits, 
40or the liquid resulting from the dilution with water of dehydrated natural fruit juice. 
41 (12) “Natural vegetable juice" means the original liquid resulting from the pressing of 
42vegetables, or the liquid resul