New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-07-01
MASS. FISHERMEN
AFFECTED BY Law
Markets Outside Of State Closed
I to Shell Fishermen

which will tend to close shellfish
markets outside the state to the
shellfshermen OF Massachusetts
was announced by the state depart
ment Of public health today. The
department will cease to issue shell-
fish certificates to persons engaged
in digging or shipping shellfish.
In announcing the decision today
DR.. George H. Bigelow, commission
er Of public health. said that 1t was
made as a result OF a recent inter-
probation by the attorney generals
office on the authority vested Pm the
department by 1926 statute.
The department" he said. was
reached this decision only after very
careful consideration because 1t
realizes that 1t will tend to close
the New York and other important
shellfish markets outside the state
to the shellfishermen of Massachu-
SETS"
He pointed out, however, that
about 500 certificates which had
been renewed last month would hold
good until June /, 1928.
DR.. Bigelow said that the statute
directed the department to tissue
certificates relative to the condition
O. the tidal waters and flats and
shellfish taken therefrom in respect
to contamination. in such form as
will most effectively safeguard the
public health and meet the require
ments Of the laws, rules and regu-
lationsof the United States as to In
terstafe commerce in shellfish and
of other states In relation to the i'm
portation, inspection and copsump-
ton OF shellfish within their respec-
tive limits. The department may also
promulgate rules and regulations.
Zone Of the regulations" he con-
tinued, provided that if a certifi-
cate was issued stating that par
ticular area from which the reel
pient stated he was to take she'll
fish waS clean and il we later found
that he was digging from contain
mated areas and using this certifi-
cate either directly or by implica
ton as a guarantee of the purity
of the source of the shellfish. the
certificate should then be recalled.
THE opinion from the attorney
generals office is that these certi-
ficates are merely informative to the
recipient as to the conditions of the
beds and are in no sense a license
and that therefore the department..
even when conviction Of fraudulent
use of certificates, has no authority
to recall them except upon finding
that the waters previously declared
clean have later before contaminat-
ed"
He said that while the legislation
did not specifically authorize the is
suance OF licenses for shellfish
handling ADJUSTMENTS, the depart
ment had felt that it had such
authority.
Since obviously under the recent
opinion" DIR. Bigelow added, I'VE
cannot prevent contaminated pro-
ducts being handled under our bed
certificates, it is impossible for us
to meet the requirements OF the fed
eral public health service, and for
that reason We are refusing ship
pers' as we'll as bed certificates.
The shellfishermen and dealers
unfortunate enough not to have re-
ceived certificates previous to the
departments receipt Of this opinion
will be unable to obtain certificates
and are sufferers under the present
yt>,- al =
appear to be to the courts In an eff
fort to obtain an order upon this
department for the issuance of
certificates"
B. C. Collins OF the j.. A. Stubs
company of Boston said today that
without a shippers certificate his
company, which in the last year has