Massachusetts SD 959: An Act to promote healthy alternatives to sugary drinks

Bill Text

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SENATE DOCKET, NO. 959 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1861

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jason M. Lewis
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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
Michael J. Barrett Third Middlesex 2/1/2023
Michael O. Moore Second Worcester 3/20/2023
Rebecca L. Rausch Norfolk, Worcester and Middlesex 7/6/2023

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SENATE DOCKET, NO. 959 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1861
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1861) of Jason M. Lewis and
Michael J. Barrett for legislation to promote healthy alternatives to sugary drinks. Revenue.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1914 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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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 2020 Official Edition,
2 are 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
6 meanings:
7 (1) "Beverage for medical use” means a beverage suitable for human consumption
8 and manufactured for use as an oral nutritional therapy for persons who cannot absorb or
9 metabolize dietary nutrients from food or beverages, or for use as an oral rehydration electrolyte

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10 solution for infants and children formulated to prevent or treat dehydration due to illness.
11 “Beverage for medical use” shall also mean a “medical food” as defined in section 5(b)(3) of the
12 Orphan Drug Act (21
13 U.S.C. 360ee(b)(3)); this Act defines medical food as “a food which is formulated to be
14 consumed or administered enterally under the supervision of a physician and which is intended
15 for the specific dietary management of a disease or condition for which distinctive nutritional
16 requirements, 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
18 any other common names that are derivations thereof.
19 (2) “Bottle" means any closed or sealed container regardless of size or shape,
20 including, without limitation, those made of glass, metal, paper, plastic or any other material or
21 combination of materials.
22 (3) "Bottled sugary drink" means any sugary drink contained in a bottle that is ready
23 for consumption without further processing such as, without limitation, dilution or carbonation.
24 (4) “Commissioner” means the commissioner of revenue and his or her authorized
25 agents and employees.
26 (5) "Commonwealth” means the commonwealth of Massachusetts.
27 (6) "Consumer" means a person who purchases a sugary drink for consumption and
28 not for 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,
31 who receives, stores, manufactures, bottles and/or distributes bottled sugary drinks, syrups or
32 powders, for sale to retailers doing business in the commonwealth, whether or not that person
33 also sells such products to consumers.
34 (9) "Fund" means the Commonwealth’s Health Promotion Fund, established pursuant
35 to section 5.
36 (10) “Milk” means natural liquid milk regardless of animal or plant source or butterfat
37 content; natural milk concentrate, whether or not reconstituted; or dehydrated natural milk,
38 whether or not reconstituted.
39 (11) "Natural fruit juice” means the original liquid resulting from the pressing of fruits,
40 or 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
42 vegetables, or the liquid resulting from the dilution with water of dehydrated natural vegetable
43 juice.
44 (13) “Non-nutritive sweetener" means any non-nutritive substance suitable for human
45 consumption that humans perceive as sweet and includes, without limitation, aspartame,
46 acesulfame-K, neotame, saccharin, sucralose and stevia. "Non-nutritive sweetener" excludes
47 sugars. For purposes of this definition, “non-nutritive" means a substance that contains fewer
48 than 5 calories per serving.

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49 (14) "Person" means any natural person, partnership,