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H 3959

An Act promoting food safety by prohibiting harmful additives in food products

194th Legislature (2025-2026) Introduced by Sean Garballey

Bill H 3959 bans harmful food additives like potassium bromate and propylparaben in Massachusetts, enhancing safety for consumers, especially children in schools.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 3959

Summary of Bill H 3959: An Act Promoting Food Safety by Prohibiting Harmful Additives in Food Products

Purpose and Intent

Bill H 3959 aims to enhance food safety in the Commonwealth of Massachusetts by prohibiting the use of specific harmful additives in food products. The bill seeks to protect public health, particularly among vulnerable populations such as children, by regulating substances deemed unsafe for consumption.

Key Provisions

The bill introduces several significant changes to existing laws regarding food safety:

1. Prohibition of Harmful Additives

  • Additives Banned: The bill specifically prohibits the manufacture, sale, delivery, distribution, holding, or offering for sale any food product containing:
    • Potassium Bromate (CAS Registry Number: 7758-01-2)
    • Propylparaben (CAS Registry Number: 94-13-3)

2. Regulations and Enforcement

  • The Massachusetts Department of Public Health is tasked with adopting regulations to implement and enforce these prohibitions. This includes:
    • Standards for compliance testing
    • Reporting requirements
    • Penalties for violations, which will be determined by the Department

3. Exemptions

  • The prohibitions do not apply to:
    • Food products manufactured or distributed outside Massachusetts that are not intended for sale within the state.
    • Food additives approved by the U.S. Food and Drug Administration for uses other than those specified in the bill.

4. School Food Regulations

  • The bill also amends Section 223 of Chapter 111 of the General Laws to prohibit the sale of certain artificial colorings in foods and beverages on public school grounds, including:
    • Blue 1, Blue 2, Green 3, Red 40, Yellow 5, and Yellow 6.
  • Exceptions allow for the sale of non-compliant items during specific circumstances, such as:
    • Off school premises
    • After school hours
    • At school-sponsored events

Affected Parties

  • Manufacturers and Distributors: Businesses involved in the production and sale of food products will need to comply with the new regulations or face penalties.
  • Public Schools: Schools will need to adjust their food offerings to comply with the new restrictions on harmful additives.
  • Consumers: The general public, particularly children, will benefit from increased food safety and reduced exposure to harmful substances.

Procedural Aspects

  • Introduced: March 31, 2025
  • Current Status: The bill was reported favorably by the committee on Public Health and referred to the committee on House Ways and Means on November 13, 2025.
  • Effective Dates:
    • Provisions regarding harmful additives (Section 1) will take effect on January 1, 2027.
    • Provisions regarding school food regulations (Section 2) will take effect on December 31, 2028.

Conclusion

Bill H 3959 represents a proactive approach to food safety in Massachusetts by addressing the use of harmful additives in food products. By implementing these regulations, the bill aims to safeguard public health and ensure safer food options for all residents, particularly children in schools.

Compiled from official sources — confirm details with the bill’s official record.

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