Chapter 94

Section 1. The following words as used in this section and the other sections of this chapter to which their definition is hereinafter respectively limited, unless the context otherwise requires, shall have the following meanings: ''Article of food'', in sections sixty-six to sev…

Section 10. Whoever violates any provision of sections two to nine, inclusive, or sections nine F to nine M, inclusive, or of any rule or regulation adopted thereunder, or whoever fails or refuses to comply with any request for information made under authority of said sections, s…

Section 101. The commissioner of food and agriculture shall establish and promulgate official grades of apples packed or repacked within the commonwealth, and may from time to time amend or modify such grades. Before establishing, amending or modifying any such grades, the commis…

Section 102. The person possessing the apples at any time shall be deemed responsible for the proper marking of the apples. Each package of apples packed or repacked within the commonwealth and intended for sale within or without the commonwealth, shall be marked or branded at th…

Section 103. Open bulk display signs, printed sales statements and all advertisements by radio, television, newspaper or other media shall state the variety, official grade designation and size of apples whenever the price is shown, stated or written in connection with the sale o…

Section 104. No person shall sell or offer for sale, or transport for sale, in either open or closed packages, apples packed in such a manner that the faced or shown surface shall not be an average of the contents of the package.

Section 105. For the purpose of section one hundred and one to one hundred and nine, inclusive, apples packed in closed or open packages or apples in open bulk displays shall be deemed to be misbranded:— First. If any package, or any open bulk display fails to bear all statements…

Section 106. The commissioner of food and agriculture shall make and may modify rules and regulations for enforcing sections one hundred and one to one hundred and nine, inclusive, and shall, either in person or by his assistant, have free access at all reasonable hours to any pl…

Section 107. The commissioner of food and agriculture and his duly authorized assistants shall have authority to enforce section ninety-nine B, sections one hundred and one to one hundred and five, inclusive, and one hundred and nine, and to prosecute all violations thereof. Befo…

Section 108. Whoever, himself or by his servant or agent misbrands apples within the meaning of section one hundred and five or advertises apples for sale in violation of section one hundred and three, or packs, repacks, sells, distributes or offers or exposes for sale or distrib…

Section 109. No person shall sell or exchange or offer or expose for sale or exchange or transport for sale any apples represented as having been exposed to ''controlled atmosphere'' or ''modified atmosphere'' or shall so use any such term or form of words or symbols of similar i…

Section 10A. No person shall engage within the commonwealth in the business of manufacturing or bottling carbonated non-alcoholic beverages or water, both carbonated and noncarbonated, for human consumption without a permit to do so from the board of health of the town wherein su…

Section 10B. Local boards of health may grant permits to engage within their respective municipalities in the business of manufacturing or bottling of beverages specified in the preceding section, and the state department of public health may grant permits to the owners of plants…

Section 10C. The premises of any person granted a permit under section ten B shall, from time to time, be examined by the state department of public health and, if granted by the local board of health, by the board which granted it, and if such premises or the equipment used ther…

Section 10D. All materials used in the manufacture of beverages specified in section ten A shall be stored, handled, transported and kept in such a manner as to protect them from spoilage, contamination and unwholesomeness. No ingredient or material, including water, shall be use…

Section 10E. The state department of public health and the local boards of health may make rules and regulations to carry out the provisions of sections ten A to ten D1/2, inclusive, and section ten E1/2.

Section 10F. Whoever violates any provision of sections ten A to ten E1/2, inclusive, or of any rule or regulation made thereunder, shall be punished for a first offence by a fine of not more than one hundred dollars and for a subsequent offence by a fine of not more than five hu…

Section 10G. The provisions of sections ten A to ten F, inclusive, shall not apply to persons registered under sections thirty-seven to forty, inclusive, of chapter one hundred and twelve.

Section 10H. No person shall manufacture, bake or compound for the purposes of sale, or sell, offer for sale or have in possession with intent to sell in this commonwealth for human consumption, any white bread or rolls unless such bread or rolls conform to the definition of ''en…

Section 10I. The department of public health shall enforce the provisions of sections ten H and ten K, inclusive, and shall from time to time make, amend or rescind rules and regulations for the enforcement thereof. Said rules and regulations shall include standards and tolerance…

Section 10J. No person shall sell or offer for sale or have in possession with intent to sell in this commonwealth for human consumption any flour or wrapped white bread or rolls which meet the requirements of section one and section ten H unless such flour or bread or rolls are …

Section 10K. Whoever violates any provision of sections ten H to ten J, inclusive, or any rule or regulation of the department of public health promulgated thereunder shall be punished by a fine of not more than one hundred dollars for the first offence or by a fine of not less t…

Section 11. Whoever manufactures for sale or offers or exposes for sale or sells any baking powder or mixture or compound intended for use as a baking powder under any name or title whatsoever shall securely affix or cause to be securely affixed to the outside of each box, can or…

Section 115. The legal and standard barrel for cranberries shall measure not less than twenty-five and one fourth inches between the heads, inside; the length of the staves shall be twenty-eight and one half inches; the diameter of the head shall be not less than sixteen and one …

Section 116. Each barrel, crate, one half crate or one quarter crate used for the sale or delivery of cranberries shall be of the standard measure prescribed in this or the preceding section, and shall be marked as therein required. No person shall use any barrel, crate, one half…

Section 117. It shall be lawful to use for the sale and delivery of cranberries packages containing one, two or four pounds of cranberries, net weight; provided, that said net weight is plainly stamped on the top or side of each package.

Section 117A. The commissioner of food and agriculture, in this and the five following sections called the commissioner, may establish and promulgate official grades and standards for farm products, except apples, potatoes and milk, produced within the commonwealth for the purpos…

Section 117B. Upon the establishment of such grades or standards and upon the proper determination of brands or labels, all in accordance with the provisions of section one hundred and seventeen A, notice thereof shall be published for three successive weeks in three newspapers s…

Section 117C. After notice of the establishment of grades and standards and the determination of brands or labels as provided in the two preceding sections, it shall be unlawful to use an official grade designation in connection with the sale of such farm products without using t…

Section 117D. The commissioner may employ inspectors to inspect such farm products marked, branded or labelled in accordance with official grades or standards established and promulgated by the commissioner, for the purpose of determining and certifying the quality and condition …

Section 117E. The commissioner may prescribe rules and regulations for carrying out the purposes of sections one hundred and seventeen A to one hundred and seventeen F, inclusive, including the fixing of fees for inspections.

Section 117F. The commissioner, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products marked, branded or labelled in accordance with official grades or standards established and p…

Section 117G. As used in sections one hundred and seventeen G to one hundred and seventeen L, inclusive, the following words and phrases shall have the following meanings:— ''Grade'' or ''grades'' shall mean the standards for potatoes established and promulgated by the commission…

Section 117H. Every container in which potatoes are packed, sold, distributed, offered or exposed for sale or distribution in the commonwealth shall be plainly and conspicuously marked by a tag, brand, label or stencil bearing the name and address of the packer, or the person by …

Section 117I. The commissioner of food and agriculture, in this section and in sections one hundred and seventeen J and one hundred and seventeen K called the commissioner, shall establish and promulgate official grades of potatoes packed or repacked within the commonwealth and m…

Section 117J. The commissioner shall enforce the provisions of sections one hundred and seventeen G to one hundred and seventeen K, inclusive. He or a duly authorized representative, shall have free access, ingress and egress during business hours to any building or other place w…

Section 117K. When the commissioner learns of any violation of any of the provisions of sections one hundred and seventeen G to one hundred and seventeen J, inclusive, he may cause notice thereof, together with a copy of his findings, to be given to the person or persons concerne…

Section 117L. Any person violating any of the provisions of sections one hundred and seventeen G to one hundred and seventeen J, inclusive, shall be punished by a fine of not more than fifty dollars for the first offence and for each subsequent offence by a fine of not more than …

Section 118. The following words as used in sections one hundred and eighteen to one hundred and thirty-one, inclusive, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:— ''Broker'', any person engaged in the b…

Section 119. An official establishment or a person engaged in the business of slaughtering livestock or poultry or in the business of the preparation of such products shall be under the supervision of the department and subject to the inspection required by said department. The c…

Section 12. The term ''milk'' shall mean the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows or goats. The legal minimum standard for cow milk in final package form for beverage use shall be milk which is shown to c…

Section 120. No person shall engage in the slaughter of livestock or poultry unless he has obtained a license from the department. No person shall process or manufacture meat or meat food products, poultry or poultry products, in an establishment unless he has obtained a license …

Section 121. Any license issued pursuant to section one hundred and twenty may be suspended or revoked if the licensee is in violation of any provision of sections one hundred and eighteen to one hundred and twenty-seven, inclusive, or the rules and regulations promulgated under …

Section 124. An inspector may inspect livestock and poultry, the carcasses of all slaughtered animals and all meat and poultry or the products thereof, offered or exposed for sale or kept with intent to sell, and may enter any place where such livestock, poultry, carcasses or pro…

Section 125. The department shall:—(a) require ante mortem and post mortem inspections, quarantine, segregation, and reinspections with respect to the slaughter of livestock and poultry and the preparation of livestock products and poultry products at all official establishments …

Section 126. (a) The commissioner shall:— (1) remove inspectors from any establishment that fails to destroy condemned products as required; (2) refuse to provide inspection service under this chapter with respect to any official establishment for causes specified in section four…

Section 127. (a) No person shall, with respect to any livestock or poultry or any livestock products or poultry products: (1) slaughter any such animals or prepare any such articles which are capable of use as human food at any official establishment, except in compliance with th…

Section 128. (a) Any person who neglects or refuses to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or its power to do so, in obedience to the lawful requirement of the commissioner, shall be punished by a fine of not less than…