Chapter 94

Section 302. Each wharfinger, carter or driver who conveys firewood or bark from a wharf or landing place shall be furnished by the owner or seller with a ticket certifying the quantity which the load contains and the name of the driver; and if firewood or bark is thus conveyed w…

Section 303. The city counsel of a city may establish ordinances, with suitable penalties not exceeding five dollars for any one violation thereof, for the regulation of the sale of prepared wood, slabs and edgings for fuel, when sold by the load, and for the inspection, survey, …

Section 303A. No person other than a registered druggist shall engage in the business of manufacturing, buying, selling, transporting, importing, exporting or dealing in methyl alcohol, or wood alcohol, so called, or any preparation, other than shellac varnish or shellac solvent …

Section 303B. The board of health of a town may issue to properly qualified persons licenses to engage therein in the business described in section three hundred and three A. Unless otherwise established in a town by town meeting action and in a city by city council action, and i…

Section 303C. Every barrel, keg, bottle or other container containing methyl alcohol or wood alcohol, so called, or any drug or medicine intended for external use containing methyl alcohol shall bear in capital letters not less than three eighths nor more than one and one half in…

Section 303D. The sale of methyl alcohol or wood alcohol, so called, or any preparation containing methyl alcohol as described in section three hundred and three A by a person not licensed as required by sections three hundred and three A and three hundred and three B, or by a li…

Section 303E. Except as otherwise provided in section three hundred and three C, violation of any provision of sections three hundred and three A to three hundred and three D, inclusive, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not m…

Section 303F. Whoever sells or delivers fuel oils or propane in quantities of twenty gallons or over for heating or cooking purposes shall cause a delivery ticket, which shall consist of an original and at least one carbon copy thereof, to be issued. Said ticket shall be serially…

Section 303G. As used in this section and sections three hundred and three H to three hundred and three L, inclusive, the following words shall, unless the context otherwise requires, have the following meanings:— ''Anti-freeze'', any substance or preparation intended for use as …

Section 303H. The division shall establish minimum standards of strength and quality for anti-freeze. An anti-freeze shall be deemed to be adulterated if it consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustio…

Section 303I. An anti-freeze shall be deemed to be misbranded if its labeling is false or misleading in any particular; or if sold in a container which does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor and an accura…

Section 303J. No anti-freeze shall be sold, offered for sale, or held with intent to sell within the commonwealth unless a sample thereof has been inspected by the division and a permit for the sale thereof has been issued by the division. Upon application of the manufacturer, pa…

Section 303K. The division shall administer and enforce the provisions of sections three hundred and three G to three hundred and three J, inclusive, by inspections, chemical analyses, and other appropriate methods. All samples for analysis shall be taken from stocks within the c…

Section 303L. The division may promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of sections three hundred and three G to three hundred and three K, inclusive.

Section 303M. Whoever violates any provision of section three hundred and three J shall be punished by a fine of not less than one hundred nor more than five hundred dollars for each offense.

Section 303N. Notwithstanding any general or special law, rule or regulation to the contrary, except as may be otherwise provided in this section, engine coolant or antifreeze containing more than 10 per cent ethylene glycol that is manufactured after January 1, 2011 may not be s…

Section 304. Whoever offers or exposes for sale or delivers to a purchaser any drug, cosmetic or device, or article of food, shall, upon application of an inspector, analyst or other officer or agent of the department of public health and upon tender of the value thereof, furnish…

Section 305. Whoever, with intent to defraud or injure, in baling or in packing in any container any commodity sold by weight, including wool, leather, cotton, waste, rags and paper, places therein any substance foreign to the contents thereof shall be punished for the first offe…

Section 305A. Unless another penalty is provided under this chapter, whoever for the purpose of sale manufactures, prepares, packs, cans, bottles, keeps, exposes, stores, handles, serves, or distributes in any manner, food in or from an unclean, unsanitary or unhealthful establis…

Section 305B. The commissioner of public health, on his own initiative or at the request of a local board of health, may require any person working in an establishment engaged wholly or in part in the business of producing, manufacturing, processing, storing or offering or exposi…

Section 305C. The department shall issue and may renew on an annual basis a license to every person engaged in the business of processing or distributing food for sale at wholesale, including every person who prepares, manufactures, packs, repacks, cans, bottles, keeps, exposes, …

Section 305D. Each restaurant, having a seating capacity of twenty-five persons or more, shall have on its premises a device approved by the department of public health that is designed and intended for use in removing food which may become lodged in a person's throat or each suc…

Section 305E. No person shall transport or cause to be transported into the commonwealth any bakery product for the purpose of sale without having obtained a permit from the department of public health. Such permit shall apply to one place of business only. Each permit granted un…

Section 306. Unless another penalty is provided in this chapter, whoever counterfeits any brand required by this chapter or whoever without authority marks or brands any article required to be inspected, or marks or brands such article with a counterfeited brand, shall be punishe…

Section 307. No person shall deliver, sell, offer for sale or have in possession with intent to sell any cigarettes, cigars, tobacco, pipes or any other implement used for smoking, which may be inserted into the mouth or nostrils, which have been contaminated by fire, smoke or wa…

Section 307A. No person shall sell, offer for sale or have in possession with intent to sell single unpackaged cigarettes. Whoever violates the provision of this section shall be punished by a fine of not less than two hundred nor more than five hundred dollars.

Section 307B. For the purpose of protecting the public health, any manufacturer of cigarettes, snuff or chewing tobacco sold in the commonwealth shall provide the department of public health with an annual report, in a form and at a time specified by that department, which lists …

Section 307C. The department of public health may, in consultation with the attorney general and the department of revenue, establish regulations for persons engaged in the sale or shipment of a tobacco product, as defined in section 6 of chapter 270, to prevent the sale or deliv…

Section 308. In this section and sections three hundred and nine to three hundred and twelve, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:— ''Vending machine'', any self-service device offered for public use which, upon…

Section 309. No person shall engage in the operation of a vending machine without a license issued by the commissioner. Any person desiring to operate a vending machine shall make application for a license to the commissioner on a form to be provided by him. The application shall…

Section 31. Whoever hinders or obstructs the director or the said chief of the bureau of milk marketing, or any agent of either said person, in the discharge of any authority or duty imposed upon him by any provision of sections twenty-five to thirty, inclusive, whoever violates …

Section 310. Each licensee shall keep a list of all locations within the commonwealth wherein vending machines are operated by him and of all commissaries servicing such vending machines. Such information shall be available to the commissioner upon his request. The commissioner o…

Section 311. (a) A license to operate a vending machine may be suspended by the commissioner for violation of any provision of this chapter, or may be revoked for serious or repeated violations of any such provision. (b) Whenever the commissioner finds that an operator has violat…

Section 312. Food, beverage and ingredients processed and prepared in commissaries outside the commonwealth may be sold in a vending machine within the commonwealth, if such commissaries conform to the provisions of law governing commissaries within the commonwealth, provided tha…

Section 313. Whoever violates any provision of sections three hundred and eight to three hundred and twelve, inclusive, or who continues to operate a vending machine after his license has been suspended or revoked, shall be punished for the first offense by a fine of not more tha…

Section 314. As used in sections three hundred and fifteen through three hundred and eighteen, inclusive, the following words and phrases shall, unless the context otherwise requires, have the following meanings:— ''Appliance'', an air conditioner, refrigerator, freezer or refrig…

Section 315. No person shall display for sale to consumers or for promotional purposes an appliance required by the director to be labelled under the provisions of section three hundred and sixteen unless said appliance prominently bears a label complying with said provisions, an…

Section 316. The director may, in accordance with the provisions of chapter thirty A, adopt and amend regulations which require that each appliance in a class or subclass of appliances which is displayed for sale or for promotional purposes bear a label. The same regulations shal…

Section 317. The director may, in accordance with the provisions of chapter thirty A, adopt regulations for standardized computation procedures to be used to determine the information described in section three hundred and sixteen. The same computation procedures shall apply to e…

Section 318. Whoever knowingly violates the provisions of section three hundred and fifteen shall be punished for each offense by a fine of not more than five hundred dollars. Whoever knowingly provides false or misleading information required under the provisions of section thre…

Section 319. No person shall distribute, sell, or offer for sale any malt beverage or carbonated soft drink for consumption within the commonwealth in a metal can so constructed that in order to open the can a part may be moved which, by design, is not intended to remain attached…

Section 32. The board of health of a city, and of a town of ten thousand or more inhabitants, when it deems it advisable for the public health, may establish one or more stations for the distribution of milk, either free of charge in cases of necessity, or at such charge and unde…

Section 320. For the purposes of this section, the following words shall have the following meanings:— ''Customer'', any individual or entity who causes a molder to fabricate, cast, or otherwise make a die, mold, engraving plate, original art, pattern or form or who causes a mold…

Section 321. In sections three hundred and twenty-one to three hundred and twenty-seven, inclusive, the following definitions shall, unless the context clearly requires otherwise, have the following meaning: ''Beverage'', soda water or similar carbonated soft drinks, mineral wate…

Section 322. Every beverage container sold or offered for sale in the commonwealth shall have a refund value of not less than five cents. The provisions of this section shall not apply to such containers sold by a distributor for use by a common carrier in the conduct of intersta…

Section 323. (a) Every consumer shall deposit with the dealer the refund value of each beverage container purchased from that dealer. (b) Except as provided in paragraph (f), a dealer shall accept from any person during his business hours any empty beverage container of the type,…