Chapter 94

Section 65G. For the purposes of sections sixty-five G to sixty-five U, inclusive, the following words and phrases shall have the following meanings:— ''Department'', the department of public health. ''Frozen desserts'', ice cream, French ice cream, frozen custard, ice milk, sher…

Section 65H. Every person manufacturing within the commonwealth frozen desserts and frozen dessert mix, or either, in this paragraph called products, shall, during the month of February in each year, file with the board of health of each town in which he manufactures, or proposes…

Section 65I. The local board of health, if satisfied after inspection that the plant referred to in an application for a license or a permit, as the case may be, is maintained in accordance with the standards of sanitation prescribed in the rules and regulations promulgated by th…

Section 65J. Any license may be revoked by the local board of health which issued it, and any permit may be revoked by the department, after notice to the holder of the license or permit by mail or otherwise and opportunity to be heard, if it appears that any statement in relianc…

Section 65K. Any person aggrieved by a decision of a local board of health or of the department in refusing to grant or to reinstate, or in revoking or suspending, a license or permit, as the case may be, may, within fifteen days after the entry of such decision, bring a petition…

Section 65L. (a) No person shall sell or exchange, deliver, advertise, or offer or expose for sale or exchange, or attempt to deliver, or have in his possession with intent so to do, any frozen dessert or frozen dessert mix unless the manufacturer thereof is the holder of a licen…

Section 65M. All milk, cream and milk products used in the manufacture of frozen desserts, or frozen dessert mix, or the entire mix with or without flavor or color shall be pasteurized in accordance with rules and regulations of the department.

Section 65N. No person shall sell or exchange, or offer or expose for sale or exchange, or deliver, or attempt to deliver, or have in possession with intent so to do, frozen desserts or frozen dessert mix which have been manufactured in unclean, unsanitary or unhealthful premises…

Section 65O. Frozen desserts and/or frozen dessert mix shall be deemed to be adulterated: First. If containing any preservative, mineral or other substance or compound deleterious to health; provided, that this clause shall not be construed to prohibit the use of harmless colorin…

Section 65P. (a) No person shall sell or exchange, or offer or expose for sale or exchange, or deliver or attempt to deliver, frozen desserts in any container which is falsely labeled as to the name of the manufacturer or place of manufacture, or in any other respect. (b) No pers…

Section 65Q. The department, and the local boards of health within their respective jurisdictions, shall enforce sections sixty-five G to sixty-five U, inclusive. The department shall from time to time, after inquiry and public hearing, adopt, amend and promulgate rules and regul…

Section 65R. Whoever violates any provision of sections sixty-five G to sixty-five Q, inclusive, or of any rule or regulation made under authority thereof, shall for the first offense be punished by a fine of not less than fifteen nor more than five hundred dollars, or by impriso…

Section 65S. The fees for licenses and permits shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the following:— License for retail manufacturer for each plant. License or permit for wholesale manufactur…

Section 65T. The department shall promulgate regulations establishing standards of identity for frozen dietary dairy desserts. The department may also establish regulations pertaining to the manufacture and sale of frozen dietary dairy desserts.

Section 65U. The department shall adopt regulations establishing standards of identity and labeling requirements for frozen desserts and frozen dessert mixes, and shall adopt regulations for the manufacture and sale of frozen desserts and frozen dessert mixes. The regulations ado…

Section 66. No person shall maintain a cold storage or refrigerating warehouse without a license issued by the department of public health. Any person desiring such a license may make written application to such department, stating the situation of his plant. Upon receipt of the …

Section 66A. Neither the provisions of section sixty-six which require licensees maintaining cold storage or refrigerating warehouses to make reports to the department of public health nor the provisions of section seventy or seventy-one shall apply with respect to articles of fo…

Section 67. Boards of health of towns within their towns shall inspect, and the department of public health shall inspect and supervise all cold storage or refrigerating warehouses and shall make such inspection of the entry of articles of food therein as they deem necessary to s…

Section 68. The department of public health and local boards of health, their agents, inspectors or employees shall be permitted access to each establishment mentioned in the preceding section, and to all parts thereof at all reasonable times for the purpose of inspection and enf…

Section 69. No article of food intended for human consumption shall be placed or retained in cold storage if deemed by the department of public health to be diseased, tainted or otherwise unwholesome, and no person shall return to cold storage any article of food that has once be…

Section 7. Except as provided in section eight, bread shall not be manufactured for sale, sold, or offered or exposed for sale otherwise than by weight, and shall be manufactured for sale, sold, or offered or exposed for sale only in units of one pound, one and one half pounds, o…

Section 70. No person shall hold any article of food in cold storage which has been in cold storage longer than twelve calendar months, except with the consent of the department of public health. The said department, upon application, may extend the period of storage beyond twelv…

Section 71. The date of receipt into cold storage shall be plainly marked either upon the containers in which any articles of food deposited in such storage are packed, or, if not packed in containers, on or in connection with all such articles, except fish. When deposited in col…

Section 72. Except as provided in sections seventy-eight and ninety-one, no person shall sell or offer or expose for sale articles of food which have been held in cold storage without notifying each person purchasing or intending to purchase the same that they have been so held b…

Section 73. Whoever violates any provision of sections sixty-six to seventy-two, inclusive, and ninety-two, shall for the first offence be punished by a fine of not more than one hundred dollars, and for a subsequent offence by a fine of not more than five hundred dollars or by i…

Section 73A. No person engaged in the business of storing frozen food or transporting such food shall store or transport such food within the commonwealth unless it is stored or transported under refrigeration which shall insure good keeping qualities and under temperatures and h…

Section 77A. All fresh food fish before being offered for sale, placed in cold storage, salted or smoked shall be graded as follows:— ''Prime'', fish in extra fine condition. ''Superior'', fish in suitable condition to stand shipment outside the commonwealth for human consumption…

Section 77B. Food fish, unless deposited in bulk, when deposited in cold storage except in private freezing plants, shall be plainly marked with the date of receipt on the containers in which they are packed; and if deposited in bulk, shall at the time of removal from cold storag…

Section 77C. No person shall sell, or represent for the purpose of sale, otherwise than as frozen, fish which have been frozen.

Section 77D. No person shall import, or cause to be imported into this commonwealth for purposes of sale, any fresh swordfish unless properly packed in ice so as to prevent the same from becoming infected, contaminated or unwholesome.

Section 77E. No person shall deposit or cause to be deposited in cold storage for a period exceeding six months fish received from any other state or country which have been previously in cold storage either within or without this commonwealth, unless at the time of deposit such …

Section 77F. All food fish, except soft-shelled clams and oysters sold at wholesale, shall be sold by weight. Whoever violates this section shall be punished by a fine of not less than ten nor more than fifty dollars.

Section 77G. Whoever cooks, buys, sells, offers or exposes for sale, gives away, or knowingly delivers, transports, ships, or receives for food purposes any lobster, or similar species of crustacea, or any part thereof, which is uncooked and dead, or which was cooked after it was…

Section 77H. No person shall buy, sell, expose for sale, give away, deliver, transport, ship, carry or have in his possession any lobster meat or crab meat after the same has been taken from the shell, except as hereinafter provided. Any lobster meat unlawfully sold, given away, …

Section 77I. As used in sections seventy-seven A to seventy-seven H, inclusive, the following words shall have the following meanings unless a contrary intention appears:— ''Canned lobster meat or crab meat'', lobster meat or crab meat preserved by heat processing, freezing, or r…

Section 8. Unit weights, as defined in the preceding section, shall not apply to rolls or to fancy bread weighing less than four ounces, nor to loaves bearing in plain position a plain statement of the weight of the loaf and the name and business address of the manufacturer there…

Section 84. If fish are sold by the quintal, it shall mean a quintal of one hundred pounds avoirdupois, and all contracts relative to fish thus sold shall be so construed.

Section 85. If clam bait is sold by the barrel, ''barrel'' shall mean a fish barrel of not less than twenty-eight nor more than twenty-nine gallons, and containing twenty-six gallons of clams and not more than three gallons of pickle. If the purchaser and seller disagree as to th…

Section 86. All fish when landed from a vessel or boat shall be weighed by a public weigher of fish or his deputy, when so requested or demanded by the buyer or seller of such fish or by the master, agent or a majority of the crew of such vessel or boat; and said weigher shall is…

Section 87. Each deputy shall report to such weigher the weight of fish weighed by him, and the weigher shall keep a complete record of such weight with the date of weighing, the name of the vessel from which the fish were taken and the person for whom they were weighed.

Section 88. The fees for weighing fish shall be twenty cents per one thousand pounds, but in no case less than one dollar, and shall be paid by the person applying to have the fish weighed. Each deputy shall pay to the weigher two cents per one thousand pounds for all fish weighe…

Section 88B. No shucked scallops or quahaugs in the shell shall be sold except by weight. Whoever himself or by his servant or agent violates any provision of this section shall be punished by a fine of ten dollars.

Section 88C. The commissioner of public health shall adopt rules and regulations relative to the sanitary conditions required for establishments, and persons operating such establishments, for which certificates or permits are required by chapter one hundred and thirty or by this…

Section 88D. The commissioner, his agents or inspectors may inspect all fish offered or exposed for sale or kept with intent to sell, and for such purpose may enter any place where fish is stored, kept, offered or exposed for sale, may examine the conditions of such place and the…

Section 89. Application for the carrying on of an establishment for the breaking and canning of eggs shall be made by the proprietor thereof to, and may be granted by, the aldermen or selectmen, or, in a town having a population of more than five thousand, the board of health. Th…

Section 9. The director of standards shall prescribe such rules and regulations as are necessary to enforce the two preceding sections, including reasonable tolerances or variations within which all weights shall be kept; provided, that such tolerances or variations shall not exc…