Chapter 98

Section 1. In this chapter the following words, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings: ''Deputy'', deputy sealer of weights and measures certified by the director. ''Deputy director'', deputy directo…

Section 10. The commonwealth shall also supply additional clinical standard thermometers necessary to carry out sections nine to fourteen, inclusive, to be known as office clinical standards. Such thermometers shall be verified by the deputy director upon their receipt and at lea…

Section 11. The deputy director shall promulgate tolerances and specifications for clinical thermometers. A correct clinical thermometer shall be one conforming to the standard established as provided in section nine and to specifications promulgated under this section, within su…

Section 12. The deputy director may at any time inspect and test any clinical thermometer in the possession of any manufacturer or dealer in this commonwealth and for this purpose may remove the same to such place as he may deem most convenient. Whenever he inspects and tests suc…

Section 13. The deputy director shall prescribe rules and regulations governing the manufacture and sale of clinical thermometers and may require representative samples of any clinical thermometer to be submitted by the manufacturer to the deputy director and approved by him. Cli…

Section 14. Whoever, himself or by his servant or agent, or as the servant or agent of another person, keeps for the purpose of sale, offers or exposes for sale, or sells any clinical thermometer not sealed, marked or certified as correct by the deputy director, or by the manufac…

Section 14A. Glass bottles or jars intended to be used in the sale of lubricating oil shall be made of clear, uncolored glass and shall be manufactured only in the following capacities: one gallon, two quarts, one quart, or one pint, Massachusetts standard liquid measure. Each bo…

Section 15. Glass bottles or jars used for the sale of milk or cream to the consumer shall be of the capacity of one gallon, a multiple of the gallon, or a binary submultiple of the gallon. Dealers in milk or cream using glass bottles or jars for the distribution of milk or cream…

Section 16. Paper or fibre bottles and jars used for the distribution of milk or cream to consumers, and holding, when filled to a level with the bottom of the cap or stopple, not less than eight, sixteen, thirty-two, forty-eight or sixty-four ounces, shall be sealed as measures …

Section 17. Whoever re-uses any such paper or fibre bottle or jar for distributing milk, cream or other liquid used for food after such bottle or jar has been once used therefor, shall be punished by a fine of not more than twenty-five dollars.

Section 18. All cans or containers sold for use in the purchase or sale of milk or cream at wholesale shall have their capacity plainly, conspicuously and indelibly marked thereon in terms of liquid quarts. They shall be sealed by the manufacturer thereof, as hereinafter provided…

Section 19. Whoever, by himself or by his servant or agent, or as the servantor agent of another person, sells any can or container to be used in the purchase or sale of milk or cream at wholesale that is not marked and sealed as required by the preceding section, shall be punish…

Section 2. The avoirdupois pound shall bear to the troy pound the relation of seven thousand to five thousand seven hundred and sixty. The hundredweight shall contain one hundred avoirdupois pounds, and the ton twenty hundredweight.

Section 20. All cans, moulds or other containers used in the sale of ice cream or other frozen desserts and/or frozen dessert mix by measure shall be of the capacity of Massachusetts standard liquid measure. Such cans, moulds or other containers shall be sealed, as hereinafter pr…

Section 21. Sealers shall inspect at least semiannually all cans, moulds or other containers sealed in accordance with the preceding section, and shall make a record of such inspection. If a container has once been sealed as aforesaid, it shall not be necessary to have it sealed …

Section 22. Paper or fibre cartons which are used for the sale by measure of viscous or semi-solid commodities or mixtures of solids and liquids shall contain and shall be sold as containing one gill, one half pint, one pint, one quart, two quarts, one gallon, two and one half ga…

Section 23. A sealer or deputy of any city or town or the deputy director or an inspector may, if he so desires, and shall, upon complaint, test the capacity of any container which is used or intended to be used as a measure under sections twenty to twenty-four, inclusive; and if…

Section 24. Whoever violates any provision of sections twenty to twenty-three, inclusive, and whoever marks a container or other measure, or procures the same to be marked or has printed thereon or procures to have marked or printed thereon, a mark, number or designation without …

Section 25. All weighing or measuring devices which cannot be made to conform to the standard shall be stamped, marked or labelled ''Condemned'' or ''CD'' by the sealer. Weighing or measuring devices in possession of a merchant or vendor not used for buying or selling, or for wei…

Section 26. Whoever uses, or has in possession with intent to use, a false or condemned weighing or measuring device for weighing or measuring any commodity bought, sold or exchanged, or for hire or reward, shall be punished by a fine of not more than fifty dollars or shall be su…

Section 27. Whoever sells or, if by the custom of trade such weighing or measuring devices are provided by the buyer, buys, by any weighing or measuring device which has not been sealed according to law shall forfeit not more than twenty dollars to the use of the person suing the…

Section 28. A seller may recover the fair market value of goods, wares or merchandise sold, if they were, for the purpose of the sale, weighed or measured upon weighing or measuring devices not sealed according to law, or weighed or measured by a person not a sworn weigher, measu…

Section 28A. Meters for measuring liquefied petroleum gas sold in the vapor state and household type liquid petroleum meters shall be sealed by the manufacturer thereof as hereinafter provided or by a sealer of weights and measures in the town where the meter is used. The deputy …

Section 29. The deputy director shall enforce the laws relating to the use of weighing and measuring devices and the giving of false or insufficient weight or measure and shall keep a detailed record of his work in connection therewith. He shall also from time to time establish u…

Section 29A. As an alternative to initiating criminal proceedings for violations of the following weights and measures laws: section 115A of chapter 6; sections 92B, 96, 98, 174A, 176, 177, sections 181 to 183, inclusive, section 184E, sections 295A to 295K, inclusive, sections 2…

Section 3. The following weighing and measuring devices now in the custody of the deputy director shall be the sole authorized standards, except as provided in sections four, nine and ten of this chapter, and in section one of chapter ninety-nine, and with the standards supplied …

Section 31. The deputy director and town and district sealers shall keep seals for their use. The seal of the deputy director shall bear the letters ''C.M.'' and those of the sealers shall be of a type approved by the deputy director. Any sealer neglecting to keep such a seal sha…

Section 32. Upon the request of a sealer, and at such other times as the deputy director deems necessary, said deputy director shall cause the standards of apothecaries' weights and apothecaries' liquid measures and the other standard weights, measures and balances of each town t…

Section 33. The deputy director or his inspectors under his direction, shall at least once in each year test all weighing and measuring devices used in checking the receipt or disbursements of supplies in each state institution or department, and shall mark them in accordance wit…

Section 33A. The deputy director or his inspectors, under his direction, shall at least once in each year test all weighing and measuring devices which are used for the purpose of buying or selling goods, wares or merchandise, for public weighing or for hire or reward, in towns o…

Section 34. Subject to chapter thirty-one, the mayor of each city and the selectmen of each town of over 20,000 inhabitants shall appoint a sealer, and may appoint one or more deputies to act under the direction of the sealer. The sealer and deputies shall enforce the law pertain…

Section 35. (a) The mayor of each city and the selectmen of each town of more than 5,000 and less than 20,000 inhabitants shall establish a comprehensive weights measures enforcement system, subject to annual review by the director, by adopting one of the following three methods:…

Section 36. Two or more municipalities may combine the whole or any part of their respective territories as may be agreed upon by the boards or officers having the appointing power in such municipalities into a district with one district sealer and one set of standards. He shall …

Section 36A. For a city or town where the mayor or board of selectmen have appointed a sealer pursuant to paragraph (1) of subsection (a) of section 35, or for a city or town where the mayor or board of selectmen have appointed a sealer pursuant to section 34, or for a city or to…

Section 37. Each municipality shall annually, between January 1 and January 31, submit to the director a written report that describes the components of the municipality's weights and measures program, including, but not limited to, an inventory of all weighing and measuring devi…

Section 38. Sealers shall, upon request to the deputy director, be provided, at the expense of their towns, with duplicate sets of apothecaries' weights and apothecaries' liquid measures described in section three, to be used as standards in the towns where they are kept.

Section 39. Except as otherwise provided in section thirty-six each sealer shall receive from his town treasurer a set of standards and a seal, and shall give a receipt therefor, stating their condition when received; and shall be accountable to such town for the preservation the…

Section 4. The state standards shall also include all weighing and measuring devices received from the United States under the resolution of congress approved June fourteenth, eighteen hundred and thirty-six, and all other weighing and measuring devices received from the United S…

Section 40. A sealer or deputy visiting the place of business of a person to test and seal weighing or measuring devices may use therefor suitable weights, measures and balances; and each town and district shall furnish its sealer with one or more duplicate sets of weights, measu…

Section 41. Sealers shall annually give public notice, by advertisement or by posting notices in one or more public places in their towns or districts, to all inhabitants, or persons having usual places of business therein, using weighing or measuring devices for the purpose of b…

Section 42. After giving said notice, said sealers shall go to the houses, stores, shops, vehicles, or other commercial premises, during normal business hours, of a person not complying therewith, and shall test and adjust, seal or condemn in accordance with the results of their …

Section 43. A sealer or deputy shall test all weighing or measuring devices having a device for indicating or registering the price as well as the weight or measure of a commodity offered for sale as to the correctness of both weights or measures and values indicated by them.

Section 44. Devices used for determining the measurement of leather bought, sold or offered for sale shall be tested as to the correctness of measures indicated by them by a sealer of the town where they are used, and the deputy director may make such rules and regulations as he …

Section 45. All devices used upon vehicles for determining the cost of transportation shall be tested as to the correctness of measures and values indicated by them, and the deputy director may make rules and regulations to insure accuracy in the use thereof. Any owner or operato…

Section 46. The deputy director may, if he deems it desirable, and shall, upon request, test any weights, measures, instruments or mechanical devices of any kind used or intended to be used in standardizing the production of any manufactured article by controlling processes or by…

Section 46A. Each bulk milk tank shall upon installation be calibrated and sealed by the director or his authorized representative. Reinstallation of a used bulk milk tank shall be considered as an original installation, provided it is for a new owner at other than the original p…

Section 47. Apothecaries and other persons dealing in or dispensing drugs, medicines or merchandise sold, dispensed or given away by apothecaries' weights or by apothecaries' liquid measure, shall, at least annually, cause the weights and measures so used to be tested and sealed …

Section 48. Whoever sells or dispenses drugs, medicines or merchandise requiring the use of apothecaries' weights or apothecaries' liquid measures or in the sale of which they are commonly used, and does not have such weights and measures tested under this chapter shall be punish…

Section 49. Sealers shall go once a year, and oftener if necessary, to each hay and coal scale and other weighing or measuring device in their towns not easily or conveniently removed, and shall test, adjust and seal or condemn them.

Section 5. Towns shall keep the following standard weights, measures and balances: A set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, two and one pounds, and eight, four, two, one, one half, one quarter, one eighth and one sixteenth ounces; a …