Massachusetts Statutes

Section 90B. No person shall sell, or offer or expose for sale, eggs unless the carton or other container thereof contains or bears a proper designation or description relating to the size of such eggs, as hereinafter provided, and no person shall advertise eggs for sale at state…

Section 90C. The commissioner of food and agriculture shall establish official grades of eggs sold, offered for sale, exposed or advertised for sale, at retail, within the commonwealth, and may from time to time modify such grades. Before establishing or modifying any such grades…

Section 90D. The grades so established shall include grades closely correlated to the United States consumer standards for shell eggs. The standards of quality for the Massachusetts consumers grades of shell eggs shall be grade ''AA'', ''A'', ''B'' or ''not graded.'' The final de…

Section 90E. Whoever, himself or by his servant or agent, misbrands eggs and sells, distributes, or offers or exposes for sale such misbranded eggs shall be punished for the first offense by a fine of not more than fifty dollars and for a subsequent offense by a fine of not more …

Section 91. Whenever eggs which have been in cold storage are sold at wholesale or retail, or offered or exposed for sale, the basket, box or other container in which the eggs are placed shall be marked plainly and conspicuously with the words ''cold storage eggs'', or there shal…

Section 92. Broken eggs packed in cans, if not intended for food, shall be denatured when deposited in cold storage, and shall be marked by the owner, in accordance with forms prescribed by the department of public health, so as plainly to indicate that they are not to be sold fo…

Section 92A. No person shall sell or offer or expose for sale for food purposes, or have in possession with intent to sell for such purposes, eggs which, either before or after removal from the shell, are wholly or partly decayed or decomposed, eggs in the fluid state, any part o…

Section 92B. All meats, poultry and edible fish, except soft shell clams and oysters, shall be sold at retail only by weight and, except when sold in package form bearing a plain and conspicuous statement of quantity of contents as provided in section one hundred and eighty-one, …

Section 96. Except as otherwise provided in sections ninety-eight and ninety-nine and in chapter ninety-nine, or except when sold in the original standard container, all fruits, nuts, vegetables and grain shall be sold at retail by avoirdupois weight or numerical count. The words…

Section 98. Baskets or other receptacles holding one quart or less which are used or intended to be used in the sale of strawberries, blackberries, cherries, currants, blueberries, raspberries or gooseberries shall be of the capacity of one quart, one pint or one half pint, Massa…

Section 99. Berries, except cranberries, when sold shall, subject to the preceding section, be measured by the strike or level measure.

Section 99A. The Massachusetts standard box for farm produce sold at wholesale, except as otherwise provided, shall contain two thousand one hundred fifty and forty-two one-hundredths cubic inches and shall be of the following dimensions by inside measurements: seventeen and one …

Section 99B. No person shall sell or offer to sell or pack for sale or distribution in the commonwealth fruit, vegetables or turkeys in containers bearing the label or designation ''native'' nor cause fruit, vegetables or turkeys to be advertised as ''native'' unless the name of …

Section 9A. Every room used for the manufacture of flour or meal food products shall, if required by the board of health, have an impermeable floor constructed of cement or tiles laid in cement, and an additional floor of wood properly saturated with linseed oil. The walls and ce…

Section 9B. The sleeping places for persons employed in a bakery shall be separate from the rooms where flour or meal food products are manufactured or stored.

Section 9C. The owner, agent or lessee of any property affected by section nine A shall, within sixty days after service of written notice requiring any alterations to be made in such property, comply therewith. Such notice may be served upon such owner, agent or lessee personall…

Section 9D. Except as provided in section nine F, boards of health may make such further regulations as the public health may require, and shall cause such regulations, together with sections nine A to nine E, inclusive, to be printed and posted in all such bakeries and places of…

Section 9E. Whoever violates any provision of sections nine A to nine C, inclusive, or refuses to comply with any requirement of the board of health authorized therein or in the preceding section shall be punished for a first offence by a fine of not less than twenty nor more tha…

Section 9F. The department of public health may make rules and regulations to carry out sections nine G to nine M, inclusive. Said sections and the rules and regulations shall be enforced by said department and by the local boards of health acting under the supervision of said de…

Section 9G. Every bakery shall be constructed, drained, lighted, ventilated and maintained in a clean and sanitary condition, and when and where necessary screened against flies; shall have plumbing and drainage facilities, together with suitable wash basins, wash sinks and toile…

Section 9H. In connection with every bakery suitable rooms shall be provided for the changing and hanging of the wearing apparel of the workers or employees, which shall be separate and apart from the work, storage and sales rooms, and shall be kept in a clean and sanitary condit…

Section 9I. No person shall sit, lie or lounge or be permitted to sit, lie or lounge upon any of the tables, shelves, boxes or other equipment or accessories used in connection with the production, preparation, packing, storing, display or sale of bakery products. No animals or f…

Section 9J. Before beginning the work of preparing, mixing or handling any ingredients used in the production of bakery products, every person engaged in such work shall wash the hands and arms, and, after using toilets or water closets, shall wash the hands and arms thoroughly a…

Section 9K. If, after inspection, it is found that a bakery is not constructed, maintained, operated or the distribution of its products not conducted in accordance with sections two to six, inclusive, and sections nine F to nine J, inclusive, written notice shall be given to the…

Section 9L. If a bakery is unfit for the production or handling of food or dangerous to the health of its employees, the department of public health or local board may order it closed; provided, that any person aggrieved may be heard before said department or board, and may also …

Section 9M. No new bakeries shall be established unless the building plans and equipment proposed to be used have been approved by the local board of health. The board shall refuse a permit for such bakery if the building and equipment do not comply with sections two to six, incl…

Section 1. The following words as used in this chapter and in sections seven to nine, inclusive, of chapter twenty, unless the context otherwise requires, shall have the following meanings: ''Affiliate'', any person, or any subsidiary thereof, having either directly or indirectly…

Section 10. The commissioner shall ascertain, by such examination or investigation as the situation may permit or warrant, and after a general public hearing held after due notice, what prices, terms and conditions relative to milk in the several localities and markets in the com…

Section 11. (a) The commissioner, after making an examination and investigation authorized by this chapter and after hearing held after due notice, shall by his order fix the minimum prices paid by milk dealers to other milk dealers, and to producers and consumers for milk receiv…

Section 12. Upon petition in writing, with an affidavit that it is signed by not less than twenty-five per cent of the Massachusetts producers who, during the month of April in the license year next preceding that in which such petition is filed, produced and delivered milk for s…

Section 12A. If any producer is paid by a milk dealer less than the minimum price for the sale or delivery of milk, as fixed by official order or orders of the commissioner, such producer may recover in a civil action against such milk dealer the full amount that would have been …

Section 13. (a) For the purpose of administering this chapter, the commissioner or any employee or other representative designated by the commissioner for the purpose, may enter, at all reasonable hours, every place where milk is being produced, stored, bottled or otherwise packa…

Section 14. (a) No milk dealer shall distribute or sell in any market within the commonwealth milk obtained from a producer or from another milk dealer if such milk was acquired from the producer within the commonwealth at a cost less than the price fixed by the commissioner to b…

Section 14A. Each institution supported in whole or in part by funds of the commonwealth or any political subdivision thereof, shall furnish to the commissioner, upon issue, a copy of each invitation to bid and all related specifications prepared for the purpose of soliciting pro…

Section 15. (a) No sale of milk by a co-operative association to a milk dealer in any market shall be made at less than the applicable minimum prices, terms and conditions of sale as set forth in the orders of the commissioner for milk bought directly from producers who are nonme…

Section 16. (a) The commissioner or his authorized agent, may hold any examination or investigation, or any general or special hearing required or authorized under this chapter, at such places and at such times as the commissioner deems necessary for the proper administration of …

Section 17. (a) Seven days at least before any general hearing, the commissioner shall cause a notice containing a brief but sufficient statement of the subject matter of such hearing to be published as provided in subsection (a) of section nineteen. (b) Three days at least befor…

Section 18. (a) The commissioner may compel the attendance and testimony of witnesses and the production of books and records or any other evidence that relates to the subject matter of any examination, investigation or hearing held under authority of this chapter or of similar p…

Section 19. (a) Each notice of a general hearing and each general order, rule or regulation adopted by the commissioner, shall be published by (1) Posting a copy thereof for public inspection in the main office of the commissioner; (2) Mailing a copy thereof, postage prepaid, add…

Section 2. No provision of this chapter conferring a general power upon the commissioner shall be deemed to be impaired or qualified by the granting to the commissioner of any specific power or powers. Nothing in this chapter shall be construed to empower or authorize the adoptio…

Section 21. Any person aggrieved by any order, rule or regulation adopted by, or other decision of, the commissioner may, by petition filed within twenty days after the publication or service of such order, rule, regulation or decision, obtain a review by the superior court of th…

Section 22. Whoever violates any provision of this chapter or of any effective rule, regulation or order of the commissioner made under this chapter or adopted by the former milk control board under any similar provision of earlier law, except as herein otherwise expressly provid…

Section 22A. When construing and enforcing the provisions of this chapter, the act, omission or failure of any officer, agent or other person acting for or employed by any individual, corporation, company, society or association within the scope of his employment or office, shall…

Section 23. When any agreement, license, rule, regulation or order made or issued pursuant to any relevant federal law shall be in effect in any market or geographical area within the commonwealth, any provision of this chapter, inconsistent or in conflict with such agreement, li…

Section 24. (a) The commissioner may confer with legally constituted authorities of other states and of the United States with respect to uniform milk control within and among such states; may join in conducting joint investigations, holding joint hearings and issuing joint or co…

Section 25. It is hereby declared that the production and distribution of milk is an industry affected with a paramount public interest relating to the public health. The intention and purpose of this chapter is hereby declared to extend to the regulation of said industry and to …