Mass. Gen. Laws ch. 21A, sec. 12 — MA Code / Part I / Title II / Chapter 21A / Section 12
Rules and regulations; adoption; review
Status: in_force

Section 12. At least sixty days prior to the proposed promulgation by the secretary, the commissioner of the department of environmental protection or the commissioner of food and agriculture of any rule or regulation which substantially affects the public health, the secretary shall submit such rule or regulation to the commissioner of the department of public health for review and comment. If said commissioner of environmental protection or the department of public health determines that such proposed regulation would endanger the public health, he shall, within thirty days of his receipt of said proposed regulation, convey in writing to the secretary his reasons for such determination. If the secretary finds, after consultation with said commissioner of the department of public health, that such regulation would endanger the public health, such regulation shall not be promulgated. If, in accordance with the procedures set forth herein, said commissioner of the department of public health finds that such proposed regulation could reasonably result in the declaration of public health emergency pursuant to section two A of chapter seventeen, such regulation shall not be promulgated. If the secretary, the commissioner of environmental protection or the commissioner of food and agriculture finds that immediate adoption of such a regulation is necessary pursuant to the provisions of subsection three of section two of chapter thirty A, he may submit said regulation to the commissioner of public health upon its adoption. If said commissioner of the department of public health determines that such proposed regulation would endanger the public health he shall, within thirty days of his receipt of said regulation, convey in writing to the secretary his reasons for such determination. If the secretary finds, after consultation with said commissioner of the department of public health, that such regulation would endanger the public health, said regulation shall not remain in effect. If, in accordance with the procedures set forth herein, said commissioner of the department of public health finds that such regulation could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, said regulation shall not remain in effect. The commissioner of public health may propose to the secretary, the commissioner of environmental protection or the commissioner of food and agriculture amendments to the standards, rules and regulations of the department of environmental protection or the department of food and agriculture or new standards, rules and regulations in areas over which said departments take cognizance when in his opinion such amendments or new regulations are necessary to protect the public health. If the commissioner of public health finds that the failure of the department of environmental protection or the department of food and agriculture to promulgate said amendments or new regulations could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, the department of public health may promulgate said standards, rules and regulations, if the department of environmental protection or food and agriculture fails to do so. Such standard rules and regulations shall have the same force and effect as if they were promulgated by the departments of environmental protection or food and agriculture.

Section 12. At least sixty days prior to the proposed promulgation by the secretary, the commissioner of the department of environmental protection or the commissioner of food and agriculture of any rule or regulation which substantially affects the public health, the secretary shall submit such rule or regulation to the commissioner of the department of public health for review and comment. If said commissioner of environmental protection or the department of public health determines that such proposed regulation would endanger the public health, he shall, within thirty days of his receipt of said proposed regulation, convey in writing to the secretary his reasons for such determination. If the secretary finds, after consultation with said commissioner of the department of public health, that such regulation would endanger the public health, such regulation shall not be promulgated. If, in accordance with the procedures set forth herein, said commissioner of the department of public health finds that such proposed regulation could reasonably result in the declaration of public health emergency pursuant to section two A of chapter seventeen, such regulation shall not be promulgated.

If the secretary, the commissioner of environmental protection or the commissioner of food and agriculture finds that immediate adoption of such a regulation is necessary pursuant to the provisions of subsection three of section two of chapter thirty A, he may submit said regulation to the commissioner of public health upon its adoption. If said commissioner of the department of public health determines that such proposed regulation would endanger the public health he shall, within thirty days of his receipt of said regulation, convey in writing to the secretary his reasons for such determination. If the secretary finds, after consultation with said commissioner of the department of public health, that such regulation would endanger the public health, said regulation shall not remain in effect. If, in accordance with the procedures set forth herein, said commissioner of the department of public health finds that such regulation could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, said regulation shall not remain in effect.

The commissioner of public health may propose to the secretary, the commissioner of environmental protection or the commissioner of food and agriculture amendments to the standards, rules and regulations of the department of environmental protection or the department of food and agriculture or new standards, rules and regulations in areas over which said departments take cognizance when in his opinion such amendments or new regulations are necessary to protect the public health. If the commissioner of public health finds that the failure of the department of environmental protection or the department of food and agriculture to promulgate said amendments or new regulations could reasonably result in the declaration of a public health emergency pursuant to section two A of chapter seventeen, the department of public health may promulgate said standards, rules and regulations, if the department of environmental protection or food and agriculture fails to do so. Such standard rules and regulations shall have the same force and effect as if they were promulgated by the departments of environmental protection or food and agriculture.