Chapter 94

Section 169. Each officer or person whose duty it is to enforce the laws relating to food and milk, shall enforce the laws relating to vinegar, and all laws relating to food shall apply to vinegar so far as they are applicable.

Section 16A. Except as provided in section sixteen H, no person shall sell or offer or expose for sale milk produced on a dairy farm, for use or disposal elsewhere than on such farm, unless as to such farm a certificate of registration has been issued by the commissioner under se…

Section 16B. Applications for the registration of dairy farms under section sixteen C shall be made upon blanks furnished by the commissioner and shall contain, in addition to such other information as may be required by the commissioner, a statement of the name, place of residen…

Section 16C. The commissioner may issue a certificate of registration for a dairy farm which, upon inspection made by him within thirty days prior to the date of issuance of such certificate, clearly indicates satisfactory compliance with the requirements established pursuant to …

Section 16D. A certificate of registration for any dairy farm may be refused, or, if issued, may be suspended or revoked by the commissioner for failure to maintain compliance with the rules and regulations established pursuant to section thirteen; provided, that the commissioner…

Section 16E. Producers of milk whose dairy farms are registered hereunder shall submit upon a form furnished by the commissioner at such other times as he may request a complete statement for any one calendar month, the same to be made in accordance with the provisions and requir…

Section 16F. Each person, not a producer of milk, whose principal business is the sale at wholesale or retail of milk, shall, before commencing to transact such business, register as a dealer with the commissioner, and shall thereafter annually so register during the month of Jun…

Section 16G. The commissioner may issue a temporary certificate of registration, plainly stamped:—''Temporary'', for any dairy farm already registered under section sixteen C, pending an inspection within ninety days of the date of issue and such consequent action as may be neces…

Section 16H. Whenever the quantity of fresh milk available from registered dairy farms is, for each of three consecutive months, less than one hundred and thirty per cent of the quantity disposed of by licensed milk dealers as fluid milk within the commonwealth, the commissioner …

Section 16I. Any person violating any provision of sections sixteen to sixteen F, inclusive, shall for the first offence be punished by a fine of not more than one hundred dollars; and for any subsequent offence shall be punished by a fine of not less than one hundred nor more th…

Section 16J. Boards of health of cities and towns may establish, amend or repeal rules and regulations for the handling and sale of milk within said cities and towns; provided, that such rules and regulations shall be consistent with those established pursuant to sections twelve …

Section 16K. The commissioner may inspect milk plants and receiving stations, wherever located, and pasteurization plants outside the commonwealth, shipping milk into or within the commonwealth and, if the same be found to be in compliance with all applicable rules and regulation…

Section 16L. Whoever sells, exchanges or delivers, or has in his possession with intent to sell, exchange or deliver, milk shipped into the commonwealth from a milk plant, receiving station or pasteurization plant which has not been inspected and approved, or to which a permit ha…

Section 170. Each person who manufactures, offers or exposes for sale any vinegar found upon proper tests to contain any preparation of lead, copper, sulphuric acid or other ingredient injurious to health, shall be punished by a fine of not less than one hundred dollars.

Section 171. Whoever himself or by his servant or agent sells, exchanges or delivers or has in his custody or possession with intent so to do, or exposes or offers for sale or exchange adulterated vinegar, or whoever labels, brands or sells as cider vinegar or as apple vinegar, a…

Section 172. The barrel shall contain thirty-one and one half gallons and the hogshead two barrels, except that barrels containing malt beverages shall contain thirty-one gallons and that with respect to such barrels and fractional parts thereof a variation or tolerance of three …

Section 174. A cental or hundredweight shall be one hundred pounds.

Section 174A. No person shall pack for sale, sell, offer or expose for sale in this commonwealth, except in containers of net avoirdupois weights of five, ten, twenty-five, fifty and one hundred pounds, and multiples of one hundred pounds, any of the following commodities:— wheat…

Section 176. ''Weight'' in a sale of commodities by weight shall mean the net weight of all commodities so sold; and contracts concerning such sales shall be so construed; provided, that in respect to commodities not intended for food or fuel reasonable tolerances or variations s…

Section 177. Except as otherwise provided by section two hundred and forty-eight, whoever himself or by his servant or agent gives or attempts to give false or insufficient weight or measure, or inferentially misrepresents the weight or quantity of a commodity sold or delivered b…

Section 178. Each public weigher of goods or commodities shall weigh them according to section one hundred and seventy-six, and shall certify accordingly; and for each refusal or neglect he shall forfeit not more than ten dollars. Each weigher of goods appointed by a town, and ea…

Section 17A. No person himself or by his servant or agent shall, for the purposes of sale or exchange, add any fat or oil other than milk fat to, or blend or compound the same with, any milk, cream or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dri…

Section 18. Whoever himself or by his servant or agent sells, exposes for sale, or has in his custody or possession with intent to sell, milk labelled as to its fat content which, upon analysis, is found to contain less milk fat than is stated upon the label, cap or tag, and whoe…

Section 180. Complaints and prosecutions for violations of law relating to the use or giving of false or insufficient weight or measure may be commenced and prosecuted in a court having jurisdiction of the place to which the goods are shipped.

Section 181. Subject to the variations, tolerances and exemptions provided for by section one hundred and eighty-two, no person shall himself or by his agent or servant sell or offer for sale food in package form unless the net quantity of the contents is plainly and conspicuousl…

Section 182. The director of standards shall adopt the variations, tolerances and exemptions established, or hereafter established, by rules and regulations provided for by section three of the act of congress mentioned in section one hundred and ninety-two, with such further rea…

Section 183. Whoever violates any provision of section one hundred and eighty-one shall for the first offence be punished by a fine of not less than ten nor more than fifty dollars, and for a subsequent offence by a fine of not less than twenty-five nor more than one hundred doll…

Section 184. Prosecutions under the preceding section shall not be commenced until the party concerned is notified and given an opportunity to be heard before the director of standards. No dealer shall be prosecuted thereunder if he establishes a guaranty, signed by the wholesale…

Section 184A. Upon each package, bottle or other receptacle holding any proprietary or patent medicine, or proprietary or patent food preparation, containing alcohol, morphine, codeine, opium, heroin, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative …

Section 184B. As used in sections 184B to 184E, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Advertised price'', the price of an item published or disclosed in any circular, newspaper, magazine, television or…

Section 184C. (a) The correct price of an item offered for sale by a food store or a food department shall be disclosed to consumers in a clear and conspicuous manner. A food store or food department may elect to disclose the correct price using either an individual item pricing …

Section 184D. (a) The deputy director or the deputy director's inspectors and sealers of weights and measures and those deputies, as defined in section 1 of chapter 98, shall inspect each food store or food department for compliance with sections 184B to 184E, inclusive. The insp…

Section 184E. (a) A food store or food department seeking to convert from an individual item pricing system to a consumer price scanner system shall seek a waiver from the division. The waiver shall be granted by the division provided that the food store or food department has no…

Section 186. For the purposes of this chapter, an article shall be deemed to be adulterated:— In the case of a drug: First, if a drug sold under or by a name recognized in any official compendium differs from the standards of strength, quality or purity as determined by the test,…

Section 187. The term ''misbranded'' as used in this chapter shall apply to each drug, or article of food, or article which enters into the composition of food, the package or label of which bears any statement, design or device regarding such article or the ingredients or substa…

Section 187D. Whoever for the purpose of evading or assisting in the evasion of any provision of sections one hundred and eighty-six, one hundred and eighty-seven, one hundred and eighty-eight to one hundred and ninety-five, inclusive, falsely represents that he is a physician, d…

Section 188. The collection of samples under sections one hundred and eighty-six to one hundred and ninety-five, inclusive, and three hundred and four may be made by authorized agents of the department of public health or of boards of health of towns. Samples may be purchased in …

Section 189. Examination of samples of food, drugs, cosmetics and devices, in order to determine by analysis or test whether such articles are adulterated or misbranded within the meaning of section one hundred and eighty-six to one hundred and ninety-five, inclusive, shall be ma…

Section 189A. Whenever the commissioner of public health or his duly authorized agent finds or has probable cause to believe based upon inspection or chemical, bacteriological or physical examination, that any food, drug, cosmetic or device is adulterated or misbranded, he shall …

Section 190. Whoever manufactures, delivers, or offers to deliver, any article of food or any drug, cosmetic or device which is adulterated or misbranded within the meaning of sections one hundred and eighty-six and one hundred and eighty-seven, or any article of food, or any dru…

Section 192. The department of public health shall enforce sections one hundred and eighty-six to one hundred and ninety-five, inclusive. Local boards of health shall enforce only sections one hundred and eighty-six to one hundred and ninety-five, inclusive, as they pertain to fo…

Section 192A. The department of public health shall prescribe regulations requiring any pharmaceutical company which sells or delivers in the commonwealth self-administered pregnancy kits to include in the instructional brochures for each such kit language stressing the importanc…

Section 193. Except as provided in section one hundred and ninety-four, no dealer shall be prosecuted under sections one hundred and eighty-six to one hundred and ninety-five, inclusive, for selling or offering for sale any article of food, drug, cosmetic or device, in the origin…

Section 194. After a sample of an article of food, drug, cosmetic or device, which is adulterated or misbranded has been taken from a person who establishes a guaranty, as provided in the preceding section, and the guarantor resides without the commonwealth, the dealer may nevert…

Section 194A. In any prosecution in which it is alleged that the defendant for pay or otherwise delivered or offered to deliver to any person shellfish which are adulterated within the meaning of clause sixth of section one hundred and eighty-six, or however otherwise the offence…

Section 194B. Whoever labels or offers for sale any food fish product designated as ''halibut'', with or without additional descriptive words, which is not of the species Hippoglossus Hippoglossus or Hippoglossus Stenolepsis shall be punished by a fine of not more than five hundr…

Section 195. When construing and enforcing sections one hundred and eighty-six to one hundred and ninety-five, inclusive, the act, omission or failure of any officer, agent or other individual acting for or employed by any individual, corporation, company, society or association …

Section 2. The floors, walls and ceilings of each bakery, the equipment used in the handling or preparation of bakery products or the ingredients thereof, and the wagons, boxes, baskets and other receptacles in which such products are transported, shall at all times be kept by th…

Section 20. Whoever himself or by his servant or agent sells, exchanges or delivers, or has in his custody or possession with intent so to do, milk not conforming to the Massachusetts standard shall be punished for the first offence by a fine of not more than fifty dollars, for t…

Section 219. Mayors and selectmen shall annually appoint one or more weighers of grain, who shall be sworn to the faithful performance of their duty; and if only one is appointed by them, they may authorize him to appoint deputy weighers.