Chapter 94

Section 323E. If in any month the authorized payments from the Deposit Transaction Fund by a bottler or distributor pursuant to paragraph (h) of section three hundred and twenty-three exceed the funds that are or should be in its Deposit Transaction Fund, the commonwealth shall r…

Section 324. No dealer shall sell or offer for sale in the commonwealth containers connected to each other by a separate holding device constructed of plastic rings or any other device or material which cannot be broken down by bacteria and or by light into constituent parts.

Section 325. (a) Every beverage container, except permanently labelled reusable glass containers, imported into, or offered for sale in the commonwealth by a bottler, distributor, or dealer shall clearly indicate in at least eight point type, by embossing or by stamp, or by label…

Section 326. The secretary of environmental affairs shall administer the provisions of sections three hundred and twenty-one, three hundred and twenty-two, paragraphs (a) to (f), inclusive, of section three hundred and twenty-three, three hundred and twenty-three F, three hundred…

Section 327. The attorney general and district attorneys shall enforce the provisions of sections three hundred and twenty-one to three hundred and twenty-seven, inclusive. Any bottler, distributor, redemption center or dealer who violates any provisions of sections three hundred…

Section 328. No person who donates food, including open-dated food whose date has passed, to a nonprofit corporation for distribution or serving by such nonprofit corporation without charge or at a charge sufficient only to cover the cost of handling such food, shall be liable fo…

Section 328A. For the purposes of this section, ''potluck event'' shall mean an event that meets all of the following conditions: (1) people are gathered to share food at the event; (2) there is no compensation provided to people for bringing food to the event; (3) the event is n…

Section 329. (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:— ''Commercial wood floor finishing operation'', the sanding of wood floors and the application of a floor finishing product, thereby altering t…

Section 33. The board of health of a city shall, and the board of health or the selectmen acting as such board of a town may, appoint one or more inspectors of milk and one or more collectors of samples of milk, who shall have the powers, and perform the duties, conferred and imp…

Section 34. Any board mentioned in the preceding section may designate and employ any member of the board or any agent or employee thereof as a collector of samples of milk.

Section 35. Each inspector of milk shall enforce in his town the laws as to the milk supply, and shall make complaint for a violation of any provision of sections nineteen to twenty-eight, inclusive, thirty-three, thirty-eight to forty, inclusive, and forty-one A, upon the inform…

Section 36. An officer of the department of public health or of the division of regulatory services of the department of food and agriculture, an inspector of milk or collector of samples of milk, or other officer of the commonwealth or of a city or town who obtains a sample of m…

Section 37. No producer of milk shall be liable to prosecution for the reason that the milk produced by him is not of good standard quality unless such milk was taken upon his premises or while in his possession or under his control by an inspector of milk, collector of samples o…

Section 38. An inspector of milk or a collector of samples of milk who wilfully connives at or assists in a violation of sections nineteen, twenty, twenty-three, thirty-nine, forty and one hundred and forty-six, or any person who hinders, obstructs or interferes with such an insp…

Section 39. Whoever makes, causes to be made, uses or has in his possession, an imitation or counterfeit of a seal used by an inspector of milk, collector of samples of milk or other officer engaged in the inspection of milk, and whoever changes or tampers with a sample taken or …

Section 4. There shall not be used in bakery products or in the ingredients thereof any ingredient or material, including water, which is spoiled or contaminated or which may render the product unwholesome, unfit for food or injurious to health, nor shall there be used in any bak…

Section 40. No person, except a producer or dealer selling milk to other than consumers, or selling not more than twenty quarts per day to consumers, shall deliver, exchange, expose for sale or sell or have in his custody or possession with intent so to do any milk or cream in an…

Section 41. An inspector of milk in any town, for the purposes mentioned in the preceding section and subject to the regulations established by the board of health of such town, may grant licenses to suitable persons, and unless otherwise established in a town by town meeting act…

Section 41A. No dealer selling to other than consumers, except a dealer licensed under the provisions of sections forty and forty-one, shall deliver, exchange, expose for sale or sell or have in his custody or possession with intent so to do any milk or cream in any town where an…

Section 42. Whoever violates any provision of section forty shall be punished for the first offence by a fine of not less than ten nor more than one hundred dollars, for the second offence by a fine of not less than fifty nor more than three hundred dollars, and for a subsequent …

Section 42A. The following words, as used in this section and in sections forty-two B to forty-two J, inclusive, shall, unless the context otherwise requires, have the following meanings: ''Cooperative association'', a duly incorporated organization of dairy farmers which the com…

Section 42B. The bond required by the preceding section shall be payable to the commissioner and shall be in a sum fixed by him. Said sum shall be substantially equivalent to the total value, as determined by the commissioner, of milk received by the applicant from all producers …

Section 42C. Each producer shall notify the commissioner in writing of any default in the timely payment for milk on the part of a licensee, such notification to be made within ninety days after the date on which payment for milk is regularly due under the provisions of chapter n…

Section 42D. If the business operation of any licensee is such that the total value of milk received by him from producers in any pay period exceeds the sum of his bond or other security filed under the provisions of sections forty-two A and forty-two B, he shall advise the commi…

Section 42E. If a licensee, or an applicant for a license, under section forty-two A is himself a producer and, in addition to his own production, receives from other producers not more than one hundred quarts of milk, and if the commissioner is satisfied from an investigation of…

Section 42F. To the extent and in such form as the commissioner may require, each person licensed under section forty-two A shall keep a record of his receipts from and payments to producers, and shall furnish to each such producer a statement of the quantity of milk received fro…

Section 42G. The commissioner or his duly authorized assistant may at any time investigate the financial standing and past business conduct of any person applying for or holding a license under section forty-two A, and in such investigation may examine the books of account or oth…

Section 42H. The commissioner may refuse to grant a license under section forty-two A, or may revoke such a license already granted, when he is satisfied of the existence of any of the following causes: 1. That a judgment has been obtained against the applicant or licensee by any…

Section 42I. Before revoking any license issued under section forty-two A, the commissioner shall give the licensee ten days' notice, by delivery in hand or by mail, of the time and place of a hearing to determine whether or not such license shall be revoked. At such hearing, the…

Section 42J. Except as provided in section forty-two E, any person who receives milk from producers without having a license under section forty-two A in full force and effect shall be punished by a fine of not more than fifty dollars for each consecutive period of twenty-four ho…

Section 44. No fee for making any inspection or test of live stock, or any inspection of any dairy, barn or stable, under authority of law, for the purpose of protecting the milk supply of any town, shall be requested or accepted by any official or other person making or assistin…

Section 45. No licensed milk dealer shall sell, or have in his possession with intent to sell, milk not contained in clean vessels on which, or on a cap, tag or label attached to which, appears his own name, or the name under which his business is conducted, and no other name; bu…

Section 48. Whoever himself or by his servant or agent having custody of any vessel used as a container for milk intended for sale, places or causes or permits to be placed therein offal, swill, kerosene, vegetable matter or any article other than milk, skimmed milk, buttermilk, …

Section 48A. No person shall maintain an establishment for the pasteurization of milk without a license from the board of health of the town where the establishment is to be located. Any person desiring such a license may make written application to such board, stating the locati…

Section 48B. No institution supported in whole or in part by funds of the commonwealth shall use for its daily needs, milk produced, processed or packaged elsewhere than within the commonwealth; provided, however, that such institution may purchase milk from a dealer who is duly …

Section 48D. No person shall blend milk and cream for sale, nor have any such blend in his custody or possession with intent to sell the same, unless the blending has been done in a pasteurization plant licensed under the provisions of section sixteen K or section forty-eight A. …

Section 49. Whoever himself or by his agent sells, exposes for sale or has in his possession with intent to sell oleomargarine shall have the word ''oleomargarine'', ''margarine'', or ''butterine'' so stamped, labelled or marked that said word cannot be easily defaced, upon the t…

Section 5. Except as provided in section six, no bakery products shall be returned from any consumer or other purchaser to the dealer or baker, nor from any dealer to the baker, nor shall any dealer or baker directly or indirectly accept any returns from or make any exchange of b…

Section 50. Whoever himself or by his agent sells, exposes for sale or has in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of cheese or as a substitute therefor, and either not made by the use of coagulating agents, or con…

Section 51. Whoever sells, exposes for sale or has in his possession with intent to sell, any article, substance or compound made in imitation or semblance of butter or cheese or as a substitute therefor, except as provided in the two preceding sections, and whoever with intent t…

Section 54. Whoever himself or by his agent or servant renders, manufactures, sells, offers for sale, exposes for sale, takes orders for the future delivery of, has in his possession, keeps in storage, distributes, delivers, transfers or conveys with intent to sell within the com…

Section 55. Whoever exposes for sale oleomargarine which is not marked and distinguished by all the marks, words and stamps required by section forty-nine, or whoever does not have upon the exposed contents of each opened tub, package or parcel of oleomargarine a conspicuous plac…

Section 58. Whoever furnishes oleomargarine or causes it to be furnished, instead of butter, in any hotel, restaurant or boarding house or at any lunch counter, to a guest or patron thereof, without notifying said guest or patron by means of signs or printed notices on menus, suc…

Section 59. Whoever himself or by his agent sells, exposes for sale or has in his custody or possession with intent to sell, an article or compound commonly known as process butter, and produced by taking original packing stock or other butter, or both, melting the same, so that …

Section 6. The department of public health may, by rule, establish such exemptions as may be necessary to facilitate the sale of any accumulated or unsold stocks of wholesome bakery products, and in other cases consistent with sections two to six, inclusive, and section nine I. T…

Section 60. Each inspector of milk shall institute complaints for the violation of any provision of sections forty-nine to fifty-eight, inclusive, sixty-two or sixty-five G to sixty-five S, inclusive, except subsections (c) to (e), inclusive, of section sixty-five P, on the infor…