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PROPOSED REGULATION TO ENSURE THE SANITARY AND SAFE OPERATIONS OF MARIJUANA ESTABLISHMENTS AND THE SALE OF MARIJUANA

A.   Statement of Purpose and Authority:

Whereas, Massachusetts voters approved the regulation of the use and distribution of marijuana not medically prescribed on November 8, 2016 pursuant to Chapter 344 of the Acts of 2016, as amended by Chapter 55 of the Acts of 2017, an Act to Ensure Safe Access to Marijuana; and

Whereas, the prevention of the illegal sale and use of marijuana, particularly involving youth is a public health priority; and

Whereas, the state regulation at 935 CMR 500.000 allows for lawful local oversight and regulation, including local fee requirements; and

Whereas, local oversight and inspection of marijuana establishments is within the legal authority of local boards of health to protect public health, safety and welfare; and

Whereas the Massachusetts Supreme Judicial Court had held that “. . . [t]he right to engage in business must yield to the paramount right of government to protect public health by any rational means.”i

Therefore, in furtherance of its mission to protect, promote, and preserve the health and well-being of all the City of Lynn residents and pursuant to the authority granted to it pursuant to M.G.L. c. 111, §31, the Board of Health of the City of Lynn enacts a Regulation to Ensure the Sanitary and Safe Operations of Marijuana Establishments and the Sale of Marijuana in the City of Lynn as follows.

B.   Definitions: Unless otherwise indicated, terms used throughout this regulation shall be defined as they are in 935 CRM 500.000 and in General Law, Chapter 94, §1.

In addition, for the purposes of this regulation, the following words shall have the following meanings:

Adult-only retail tobacco store: An establishment that is not required to possess a retail food permit whose primary purpose is to sell or offer for sale but not for resale, tobacco products and tobacco paraphernalia, in which the sale of other products or offer of services is merely incidental, and in which the entry of persons under the minimum legal sales age is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required and issued by the City of Lynn Board of Health.

Board of Health: the City of Lynn Board of Health and its designated board of health agents.

Board of Health Agent: The Director of Public Health and any municipal employee designated by the board of health, which may include board of health members, City of Lynn staff, law enforcement officers, fire officials and code enforcement officials.

Business Agent: An individual who has been designated by the owner or operator of any marijuana establishment to be the manager or otherwise in charge of said establishment.

Edible Marijuana Products: A marijuana product that is to be consumed by humans by eating or drinking.

Marijuana: All parts of any plant of the genus cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws.

“Marijuana” shall  not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; hemp; or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

Marijuana Accessories: Equipment, products, devices or materials of any kind that are intended or designed for use in ingesting, inhaling or otherwise introducing marijuana into the human body.

Marijuana Establishment: A marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of marijuana-related business licensed by the Cannabis Control Commission pursuant to 935 CMR 500.050 as a marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, independent marijuana testing laboratory, storefront marijuana retailer, delivery-only marijuana retailer, marijuana primary social consumption establishment, marijuana mixed-use social consumption establishment, marijuana research facility, marijuana transporter and marijuana micro-business.

Marijuana Establishment Agent: A board member, director, employee, executive, manager, or volunteer of a marijuana establishment who is 21 years of age or older. Employee includes a consultant or contractor who provides on-site services to a Marijuana Establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana.

Marijuana Products: Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

Operating Permit Holder: Any person engaged in the cultivation, sale, distribution or delivery of marijuana who applies for and receives an operation permit, or any person who is required to apply for an operation permit pursuant to these regulations, or his or her business agent.

Minimum Legal Sales Age: The age an individual must be before that individual can be sold a marijuana product in the municipality.

Non-Residential Roll-Your-Own (RYO) Machine: A mechanical device made available for use (including to an individual who produces rolled marijuana products solely for the individual’s own personal consumption or use) that is can make rolled marijuana products. RYO machines located in private homes used for solely personal consumption are not Non-Residential RYO machines.

Person: Any individual, firm, partnership, association, corporation, company or organization of any kind, including but not limited to an owner, operator, manager, proprietor or person in charge of any establishment, business, cultivation property or retail store.

Self-Service Displays: Any display from which customers may select marijuana or a marijuana- infused product without assistance from an establishment.

Vending Machine: Any automated or mechanical self-service device, which upon insertion of money, tokens or any other form of payment, dispenses or makes marijuana products.

C.   Marijuana Sales to Persons Under the Minimum Legal Sales Age Prohibited:

1. No person shall sell marijuana or permit marijuana, as defined therein, to be sold to a person under the minimum legal sales age; or give marijuana products as defined herein, to a person under the minimum legal sales age. The minimum legal sales age in the City of Lynn is 21.

2. Each person selling or distributing marijuana products as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic containing the bearer’s date of birth that the purchaser is 21 years of age or older.

3. All retail sales of marijuana products shall be face-to-face between the seller and the buyer and occur at the permitted location unless and until delivery of adult-use marijuana products is authorized and licensed under state regulation and then, in strict compliance with all applicable rules and regulations as well as the age limitation set forth herein,

D.  Marijuana Operating Permit:

1. No person shall sell, cultivate, deliver or otherwise commercially distribute marijuana products, as defined herein, within the City of Lynn without first obtaining a Marijuana Operating Permit issued annually by the City of Lynn Board of Health. Only owners of establishments with a permanent, non-mobile location in the City of Lynn are eligible to apply for an operating permit at the specified location in the City of Lynn except:

a. A marijuana delivery-only establishment, if authorized and licensed under state regulation shall not be required to have a permanent, non-mobile location, but shall have an in-state permanent business office address and contact information available. Upon request, the establishment must share information about the current location and destination of its employees with the City of Lynn Board of Health.

2. No person shall gift marijuana or marijuana products to a consumer contingent upon the sale of any other product.

3. As part of the Marijuana Operating Permit application process, the applicant will be provided with the City of Lynn regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing all employees who will be responsible for marijuana sales regarding federal, state and local laws regarding the sale of marijuana and this regulation.

4. Each applicant who sells, cultivates, delivers or otherwise distributes marijuana is required to provide proof of a current license issued by the Cannabis Control Commission before a Marijuana Operating Permit can be issued.

5. A separate Marijuana Operating Permit, displayed conspicuously, is required for each marijuana establishment. The fee for which shall be determined by the City of Lynn Board of Health annually.

6. A Marijuana Operating Permit is non-transferable. A new owner of a marijuana establishment must apply for a new permit.

7. Issuance of a Marijuana Operating Permit shall be conditioned on an applicant’s consent to unannounced, periodic inspection of his/her marijuana establishment, including any business conducted off-site, to ensure compliance with this regulation.

8. A Marijuana Operating Permit will not be renewed if the permit holder has failed to pay all fines issued and the time to appeal the fines has expired and/or the permit holder has not satisfied any outstanding permit suspensions.

9. A Marijuana Operating Permit may be subject to non-renewal if the establishment has sold a marijuana product to a person under the minimum legal sales age two times within the previous permit year and the time to appeal has expired. The permit holder may request a hearing pursuant to this regulation prior to non-renewal.

10. No person under the minimum legal sales age shall be permitted to enter an establishment with a Marijuana Operating Permit except those individuals in possession of a registration card demonstrating that the individual is a registered qualifying patient with the Medical Use of Marijuana Program if the establishment is co-located with a medical marijuana treatment center.

11. A storefront marijuana retailer shall sell primarily marijuana and marijuana accessories. The sale of other products or offer of other services must be merely incidental. A storefront marijuana retailer is prohibited from applying for or otherwise holding tobacco sales permit. A storefront marijuana retailer is also prohibited from holding a liquor license or selling or distributing any alcoholic beverage in any form.

12. All Marijuana Operating Permits expire annually from the date of first issuance.

E.  Marijuana Agent Permit:

1. No marijuana establishment agent shall sell, cultivate, deliver or otherwise commercially distribute marijuana without first obtaining a Marijuana Agent Permit, the fee for which shall be determined by the City of Lynn Board of Health annually.

2. As part of the Permit application process, the applicant will be provided with this regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation.

3. Each applicant who sells, cultivates, delivers or otherwise distributes marijuana is required to provide proof of a current license issued by the Cannabis Control Commission before a Marijuana Agent can be issued.

4. Each applicant is required to provide proof by means of a valid government-issued photographic identification containing the bearer’s date of birth that the applicant is 21 years of age or older.

5. All Permits expire annually on the date of first issuance and are renewable.

6. No Permit issued under this regulation may be transferred to any other person or entity.

F.  Home Cultivation Permit:

1. No person shall cultivate marijuana without first obtaining a Home Cultivation Permit from the City of Lynn Board of Health.

2. Each applicant is required to provide proof by means of a valid government-issued photographic identification containing the bearer’s date of birth that the applicant is 21 years of age or older.

3. Each applicant shall submit to a pre-approval inspection by the City of Lynn Board of Health or its designated agents, which may include fire officials and building inspectors, to ensure that the location for cultivation complies with public health and safety requirements and practices, including fire safety and building code provisions.

4. Home Cultivation Permit Holders shall submit to reasonable inspection by the Board of Health or its designated agents.

5. If, during an inspection by the Board of Health or its agents, mold, infestation or other diseases affecting marijuana plants is observed, then the Board of Health or its agents may order the segregation and/or destruction of all such plants, as well as surrounding plants, to prevent a threat to the public’s health.

6. All permits expire annually and are renewable.

G. Incorporation of 105 CMR 500.000 and 105 CMR 590.000:

The manufacture of all edible marijuana products and food products containing marijuana shall be conducted in a state-licensed marijuana manufacturing facility and in accordance with all applicable state regulations. Marijuana establishments and agents shall comply with 105 CMR 500.000, “Good Manufacturing Practices for Food” and 105 CMR 590.000, “Minimum Sanitation Standards for Food Establishments” relative to edible marijuana products.

H. Free Distribution and Coupon Redemption: No person shall:

1. Commercially distribute or cause to be commercially distributed, any free samples of marijuana products;

2. Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any marijuana product without charge.

I. Incorporation of 935 CMR 500.00:

Marijuana establishments and agents shall comply with 935 CMR 500.000.

J.   Out-of-Package Sales: The sale or distribution of edible marijuana products in any form other than an original factory- wrapped package is prohibited, including the repackaging or dispensing of any edible marijuana product for retail sale.

K. Self-Service Displays: All self-service displays of marijuana products are prohibited.

L. Vending Machines: All vending machines containing marijuana products are prohibited.

M. Marijuana Accessories: Marijuana accessories, as defined herein, shall only be sold in marijuana establishments or adult-only tobacco stores as defined herein.

N. Compliance with All Laws:

1.   All cultivation, processing, manufacturing, delivery, sale and use of marijuana shall be conducted in compliance with all laws, ordinances, regulation or policies applicable to similar activities. This shall include, but not be limited to compliance with food service permit requirements, secondhand smoke regulations, electronic cigarette regulations, nuisance laws and all requirements associated with zoning and other local permitting.

2.   In no instance shall a Marijuana Operating permit be issued to any establishment within a radius of five hundred feet of a public or private school, daycare center, or any facility in which children commonly congregate. The 500-foot distance under this section shall be measured in a straight line from the nearest point of the facility in questions to the nearest point of the facility in question to the nearest point of the proposed Marijuana Establishment.

3.   The cultivation, processing, manufacturing, delivery, sale and use of marijuana shall not exempt any person or entity from complying with all state and local laws, ordinances, bylaws, regulations and policies. Violation of any other such law shall constitute a violation of this regulation and be subject to the fines and penalties described herein. Nothing in this regulation gives any immunity under federal law or poses an obstacle to federal enforcement of federal law.

4.   A marijuana establishment shall submit a security plan, as part of the Board of Health Permit application, for review to the City of Lynn Board of Health detailing all security measures taken to ensure patient, consumer and community safety and eliminate unauthorized access to the premises.

5.   Unless specified by any other state or local requirement or agreement as to the hours of operation of a marijuana establishment, the City of Lynn Board of Health, in consultation with the City of Lynn Police Department, and other City of Lynn officials and departments set limitations on the hours of operation of any marijuana establishment.

6.   The City of Lynn Board of Health may require the distribution of additional educational materials in marijuana establishments.


O. Enforcement and Penalties:

1. Authority to inspect marijuana establishments for compliance and to enforce this regulation shall be held by the City of Lynn Board of Health, its designees and the City of Lynn Police Department.

2. Any person may register a complaint under this regulation to initiate an investigation and enforcement with the City of Lynn Board of Health and its designees. Unscheduled compliance inspections shall be conducted at a minimum of three inspections annually.

3. If permissible by local bylaws or ordinance, any fines or fees collected under this regulation shall be used for the administration and enforcement of this regulation and/or for any activities incidental to the regulation of the operation of marijuana establishments and the sale and use of marijuana.

4. It shall be the responsibility of the Marijuana Operation Permit holder and/or business agent to ensure compliance with all applicable sections of this regulation. Any marijuana establishment found to be in violation of the provisions of these regulations may receive a written warning citation, a fine, a Marijuana Operation Permit suspension, or a Marijuana Operation Permit revocation.

5. Any Marijuana Agent Permit holder found to be in violation of the provisions of these regulations may receive a written warning, a fine, a Marijuana Agent Permit suspension, or a Marijuana Agent Permit revocation.

6. Any Home Cultivation Permit holder found to be in violation of the provisions of these regulations may receive a written warning, a fine, a Home Cultivation Permit suspension, or a Marijuana Agent Permit revocation.

7. Any permit holder or any person or entity charged with violation of any provision of this regulation shall receive a notice of violation from the City of Lynn Board of Health or its designated agent. Unless waived by the permit holder, the Board of Health shall conduct a hearing to determine the facts of the violation, the appropriate corrective actions, the terms of suspension, if any, and/or issue a permit revocation order.

8. Prior to issuing any suspension or revocation, the permit holder shall be provided a notice of the intent to suspend or revoke a permit, which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no earlier than 7 days after the date of said notice. The permit holder shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health’s decision and the reasons therefor in writing. After a hearing, the City of Lynn Board of health may suspend or revoke the permit if the Board of Health finds that a violation of this regulation occurred.

9. Whoever violated any provisions of this regulation may be penalized by the non-criminal method of disposition as provided in General Laws Chapter 40, Section 21D.

10. Each day any violation exists shall be deemed to be a separate offense.

P. Severability: If any provision of this regulation is declared invalid or unenforceable, the provisions shall not be affected thereby but shall continue in full force and effect.

Q. Effective Date: This regulation shall take effect immediately upon passage by the Board of Health.

i Druzik et al v. Board of Health of Haverhill, 324 Mass. 129 (1949).

New Item Acrobat Documents For Download (PDF) | Posted March 13, 2018
  Proposed Cannabis Regulation
Note: A Public Hearing Is Scheduled For March 27, 2017 At 5:30 PM
Room 102 A Lynn City Hall

Requirement of a Registered Sanitarian for the Design of Food Establishments

A. Statement of Purpose

Whereas: CDC estimates that 76 million people get sick, more than 300,000 are hospitalized, and 5,000 Americans die each year from foodbome illness.

Whereas: Sanitarians administer environmental health programs for both public and private agencies and organizations in food protection and safety, water protection, air quality, noise, industrial and land pollution, sewage disposal, hazardous and toxic substances, solid waste management and institutional health.

Therefore: Additional precautions must be undertaken to ensure the protection of public health through the sanitary and proper design of all new and remodeled food establishments.

B. Authority: This regulation is promulgated under the authority granted to the Lynn Board of Health under Massachusetts General Laws Chapter Ill, Section 31 that "boards of health may make reasonable health regulations."

C. Definitions: For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this section:

(1) Board: The Board of Health ofthe City ofLynn.

(2) Food Establishment: An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.
This includes;
(i) satellite or catered feeding location; catering operation if the operation provides food directly to the consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution or food bank; and
(ii) that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or deliver service that is provided by common carriers.

(3) Person: Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment,  business, or restaurant or retail store, or the business agents or designees of any of the foregoing.

Sanitarian: An individual, licensed by the Commonwealth of Massachusetts as a Registered Sanitarian as described in 255 CMR 2.000 through 5.000 and whose license is current and in good standing.

NEHA Certified Food Safety Professional (CP-FS):  An individual, certified by the National Environmental Health Association as a Food Safety Professional whose certification is current and in good standing.

D. Approval of Plans: When a plan is required as designated in the 1999 FDA Food Code, Section 8-201.11, sub­ sections A through C, said plan shall be stamped and signed by a Registered Sanitarian or a NEHA Certified Food Safety Professional (CP-FS) and submitted to the Board for approval. The aforementioned stamp and signature shall attest to the proper and sanitary design of the
proposed food establishment and compliance with section 8-201.12, sub-sections A through F of the 1999 FDA Food Code.

E. Enforcement: Failure to submit plans that have been stamped and signed by a Sanitarian shall result in denial of approval of said plans.

F. Variance
1.  The Board of Health may vary the application of any provision of any of these regulations with respect to any particular case when the Board of Health finds the enforcement thereof would do manifest injustice.

2.   Every request for a variance shall be made in writing to the Board of Health and shall state the specific variance sought and the reasons thereof.

3.   Any variance granted must be in writing with a copy available to the public at all reasonable hours in the office of the City Clerk and in the office of the Board of Health. Any variance granted must be posted on the premises in a prominent location for the duration that the variance is in effect.

G. Severability
1.  If any section, paragraph, sentence, clause, phrase, or word of this regulation is declared invalid for any reason, that decision will not be applicable to the remaining portions of these regulations.

H. Effective Date: This regulation shall take effect on August 1, 2014.

City of Lynn
Board of Health
3 City Hall Square
Lynn, MA 01901

Click here for the complete Ordinance.

New Trans Fat Regulation for the City of Lynn

The Lynn Board of Health passed a regulation restricting foods containing artificial trans fat in all food service establishments that are required to hold a permit from Lynn Board of Health as of January 1, 2012. These include restaurants, grocery stores, delis, cafeterias in schools and businesses, bakeries, caterers,
mobile food vendors, and other establishments.

After January 1, 2012, if a product contains more than .5 grams of trans fats per serving, then this product should not be used. For more information about trans fat and/or assistance in how to eliminate them in your establishment contact the Public Health Division of Lynn ISD for additional information and assistance.

Phone: 781-598-4000 | Fax: 781-477-7031

The City of Lynn Regulation is available below on this page or as a PDF download.

New Item Acrobat Documents For Download (PDF | WEB)
  Trans Fat Business Q&A Flyer
  Trans Fat Regulation
  Trans Fat Guidelines and Enforcement
   
Web Trans Fat Help Center Website

A REGULATION TO RESTRICT FOODS CONTAINING
ARTIFICIAL TRANS FAT IN THE CITY OF LYNN


WHEREAS, heart disease is a leading cause of death in the United States;

WHEREAS, research concludes that there is no safe level of artificial trans fat consumption and there is a clear association between an increase in the intake of trans fat and the risk of heart disease;

WHEREAS, the major source of artificial trans fat is found in partially hydrogenated vegetable oil, which is used for frying and baking and is present in many processed foods;

WHEREAS, there are food service establishments and other food vendors in the
City of Lynn that prepare and serve food containing artificial trans fat for consumption by Lynn residents, visitors and students;

NOW THEREFORE, the Lynn Board of Health enacts the following regulation in furtherance of its mission to protect, promote and preserve the health and well-being of the citizens of Lynn.

Section 1.00:  Authority: M.G.L. c. 111, §31.
This regulation is promulgated pursuant to the authority granted to the City of Lynn board of Health by Massachusetts General Laws Chapter 111, Section 31 the “Boards of Health may make reasonable health regulations.”

Section 2.00:   Definitions
Artificial trans fat means food or beverage that is labeled as, lists as an ingredient, contains or is prepared with vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. However, a food or beverage whose nutrition facts label or other suitable documentation lists the trans fat content of the food as less than 0.5 grams per serving shall not be deemed to contain artificial trans fat.

Food service establishment means any entity that stores, prepares, packages,
serves, sells or otherwise provides food or beverage for consumption in the City of Lynn. Food service establishment includes, but shall not be limited to, restaurants, supermarkets, grocery stores, delis, sandwich shops, bakeries, convenience stores, ice cream shops, coffee shops, cafeterias in schools and businesses, caterers, senior-center meal programs, nursing homes, children’s institutions, school kitchens, school stores, soup kitchens and permanent or temporary concession stands. Food service establishment shall not include a fraternal, charitable, social, service club or similar organization that prepares, displays and sells home-made baked goods for a “neighborhood bake sale” so called.
Entity means any single individual, group of individuals, corporation, partnership, hospital, academic institution, society, association, firm, sole proprietorship or any other legal entity whether public or private.
Vending machine means any machine or device designated for or used for the vending of food products or beverages upon the insertion of coins, currency, swipe cards, or any other form of payment.
Mobile food vendor means any person or operation that sells food or beverage from a mobile food unit. A mobile food vendor shall include, but not be limited to, sidewalk vendors, canteen trucks, and food trailers.

Section 3.00 Restriction on Artificial Trans Fat
No food service establishment, vending machine, or mobile food vendor shall store, prepare, distribute, hold for service or serve any food or beverage containing artificial trans fat in the City of Lynn.
These prohibitions shall not include the sale of any food or beverage containing artificial trans fat that is in a manufacturer’s original sealed package and is required by federal and or state law to have nutrition labeling.

Section 4.00 Labels Required
All food service establishments, mobile food vendors and operators of vending machines shall maintain on-site original labels or other suitable documentation listing the ingredient and nutrient content of all food products such that the Lynn Board of Health or its designees can determine whether they are in compliance with this regulation.

Section 5.00 Guidelines
The Director of the Lynn Health Division of Inspectional Services shall issue guidelines for the implementation of this regulation, including but not limited to, definitions of terms as used in these regulations and in the guidelines. In the event of a conflict between these regulations and the guidelines, as either may be amended, the regulation shall control.

Section 6.00 Violations
1. A violator of this regulation may receive:
a. In the case of a first violation a warning will be issued.
b. In the case of a second violation within 24 months of the first violation a fine of two hundred dollars ($250.00); and,
c. In the case of a three or more violations within 24 months of the second or current violation, a fine of three hundred dollars ($300.00)
for each violation.
2. Each calendar day an entity operates in violation of any provision of this regulation shall be deemed a separate violation.
3. No provision, clause or sentence of this section of this regulation shall be interpreted as prohibiting the Lynn Board of Health or a City of Lynn department or agency from suspending, or revoking any license or permit issued by and within the jurisdiction of such departments or agency for repeated violations of this regulation.

Section 7.00 Enforcement
1. Authority to enforce this regulation shall be held by the Lynn Board of Health,
its subsidiary programs or designees; and the City of Lynn Inspectional Services Department.
2. Any violation of this regulation may be enforced in the manner provided in M.G.L. c.111 §187, by the Lynn Board of Health, its subsidiary programs or designees.

Section 8.00 Severability
If any provision, clause, sentence, paragraph or word of this regulation or the application thereof to any person, entity or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provisions or application and to this end the provisions of this regulation are declared severable.

Section 9.00 Effective Date
This regulation shall take effect on January 1, 2012 with respect to cooking oils, shortening, and margarines containing artificial trans fat and with respect to baked goods and all other foods containing artificial trans fat.

Disposable Platic Bag Regulation

The reduction in the use of disposable plastic shopping bags by retail establishments in the City is a public purpose that protects the marine environment, advances solid waste reduction, reduces greenhouse gas emissions,  and protects waterways. This article seeks to reduce the number of plastic bags that are being used, discarded and littered, and to promote the use of reusable checkout bags and recyclable paper bags by retail establishments  located in the city.

New Item Disposable Plastic Bag Regulation - May 2019

Massachusetts Ban on Caffeine Added Drinks

The Massachusetts Alcoholic Beverages Control Commission today, November 18, 2010, filed an emergency regulation prohibiting the sale of alcoholic beverages that contain caffeine as an added ingredient. The regulation goes into effect immediately.

This means that alcoholic beverages that contain caffeine as an added ingredient, including Four Loko, must be removed from store shelves in Massachusetts today. The regulation follows a ruling yesterday by the U.S. Food and Drug Administration that alcoholic drinks that contain added caffeine pose a public health risk.

Click here for the complete press release.

Ice Cream Truck Vendor Regulations

The Department of Public Safety’s (“Department”) new ice cream truck vendor regulations, 520 CMR 15.00, will go into effect on February 15, 2013. The regulations implement G.L. c. 270, § 25, which was added by section 122 of chapter 256 of the Acts of 2010, and authorizes the Department to adopt regulations relative to the annual permitting of ice cream truck vendors.  The issuance of the permits and enforcement of the fines will be done at the local level.

Visit the Massachusetts Public Safety page for all the details.

Reminder Notice from the Board of Health: October 1, 2010 Was the Effective Date of the New Food Allergy Awareness Regulation

In June 2010, the state Food Code was amended to comply with the Act Relative to Food Allergy Awareness in Restaurants which the Governor signed into law in January 2009. Copies of the new regulation and related documents are available on the MDPH/BEH Food Protection Program website.

To find this information:
(1) Go to the FFP website at http://www.mass.gov/dph/fpp
(2) Select “Food Allergen Awareness Regulation” link under “What’s New”
(3) See “Food Allergen Awareness Regulation” under “Special Operations”

These amendments to the Food Code became effective on October 1, 2010, and apply to all food establishments that cook, prepare, or serve food intended for immediate consumption either on or off the premises.

In order to meet these new requirements, food establishments must: Display a copy of a poster in the employee work area, and Place a notice to consumers on menus and menu boards. Poster in Employee Work Area - The 8.5” by 11” poster that must be displayed in the employee work area is available on line at http://www.foodallergy.org/page/restaurant-poster.

The “employee work area” is a conspicuous and accessible place where notices to employees are usually placed and easily read. See 105 CMR 590.009(G)(1) for more details about this requirement..
Notice to Consumers on Menus and Menu Boards - Menus and menu boards must include a notice which reads, “Before placing your order, please inform your server if a person in your party has a food allergy.” The notice must be displayed in a clear and conspicuous manner, and the notice on menu boards must meet the font size requirements discussed in 105 CMR 590.009(G)(2)(b).

Additional Requirements after February 1, 2011 – Certified food protection managers in effected establishments must obtain a certificate by 2/1/11 which shows that they have viewed the allergen awareness training video being developed by MDPH. Three vendors are approved by MDPH to issue these certificates in accordance with 105 CMR 590.009(G)(3)(a). The names of the vendors and their contact information will be posted on the FPP website listed above.

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