reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 28a - License to Receive Raw Milk at Dairy Farms; Issuance to Persons Certified Under Sec. 27a; Temporary or Emergency License; Revocation or Suspension; Reinstatement; Fees

Section 28A. Said chief of the bureau of milk marketing or his agent shall, upon application on a form provided by him, issue a license to receive raw milk at dairy farms to any person holding a certificate of competency obtained as provided in section twenty-seven A and dated within thirty days of the date of application. He may also, without prior evidence of competency and upon application by telephone or otherwise, issue such a license on a temporary basis not to exceed thirty days; provided, however, that he deems such action to be required because of emergency conditions to assure the uninterrupted collection of raw milk from dairy farms. No temporary license shall be renewed or extended except upon submission by the licensee of a certificate of competency obtained as hereinabove provided. The license fee in either case shall be determined annually by the commissioner of administration under the provision of said section three B of said chapter seven payable to the chief of the bureau of milk marketing. Said chief may at any time revoke or suspend a license issued under this section for violation of any of the provisions of sections twenty-five to thirty, inclusive, or of the rules and regulations made thereunder, and may reinstate such license upon his determination that the cause for revocation or suspension has been removed. An additional fee to be determined also under the provisions of said section three B of said chapter seven shall be paid to the chief of milk marketing for reinstatement of a license which has been revoked. Names of licensees and notice of any suspension, revocation or reinstatement shall be furnished to the director.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 29 - Continued Supervision of Licensed and Certified Persons; Dissemination of Technical Information; Additional Evidence of Competency; Inspection; Report of Violations; Amendment of Rules and Regulations

Section 29. The director shall be responsible for timely dissemination of information to all persons licensed by him under prior provisions of earlier law or certified by him under the provisions of either section twenty-seven or section twenty-seven A with respect to technical developments and improved procedural methods pertinent to their operations and may, in his discretion, require additional evidence of competency for continued licensing or certification. He or his agent may enter upon any premises, including bulk tank trucks, where samples of milk or cream are taken, stored or tested in order to inspect any utensil, device or equipment used in making tests or to ascertain the continuing competency of any person so licensed or certified, and shall report to the said chief of the bureau of milk marketing any violation observed by him of the provisions of sections twenty-five through twenty-eight A or of the rules and regulations issued under the provisions of section twenty-nine A. He shall also be represented at any hearing held as provided in section twenty-nine A and shall enter testimony thereat with respect to such proposals for amendment of rules and regulations as may be under consideration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 29a - Rules and Regulations Governing Tests for Determining Milk-Fat or Other Component Content of Milk or Cream and Procedures for Receiving Raw Milk at Dairy Farms

Section 29A. Said chief of the bureau of milk marketing shall, after reasonable notice to all interested parties and a hearing, prescribe, and may from time to time in like manner modify or amend, rules and regulations to govern the methods and frequency of making tests for determining the milk-fat or other component content of milk or cream for purposes of inspection or as a basis for payment in buying or selling and to govern the procedures for determining the proper basis for payment by the measuring, sampling and accepting of raw milk at dairy farms for inclusion in bulk tank trucks.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 30 - Enforcement of Secs. 25 to 31; Inspection; Violations; Prosecutions; Application to Educational and Informational Service to Dairy Farmers

Section 30. The said chief of the bureau of milk marketing and his agents shall enforce sections twenty-five through thirty-one, inclusive, and the rules and regulations made thereunder, and may prosecute or cause to be prosecuted any person violating any provision thereof. The said chief of the bureau of milk marketing or his agents shall enter upon any premises, including bulk tank trucks, where samples of milk or cream are taken, stored or tested for the purpose of inspection or as a basis for payment in buying or selling in order to determine whether said sections, rules and regulations are being properly observed. Said sections, rules and regulations shall not be construed to apply to any person determining milk-fat or other component content of milk or cream solely in connection with an educational and informational service to dairy farmers, provided that the director or his agent shall, with respect to any such person, be responsible for carrying out the provisions of sections twenty-five and twenty-six and for issuing certificates of competency as provided in sections twenty-seven and twenty-seven A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 31 - Interference With Director, Chief or Agents; Violations of Secs. 25 to 30 or Rules and Regulations; Penalty

Section 31. Whoever hinders or obstructs the director or the said chief of the bureau of milk marketing, or any agent of either said person, in the discharge of any authority or duty imposed upon him by any provision of sections twenty-five to thirty, inclusive, whoever violates any provision of said sections, and whoever knowingly violates any provisions of the rules and regulations made thereunder, shall be punished by a fine of not less than twenty-five nor more than fifty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 32 - Milk Stations

Section 32. The board of health of a city, and of a town of ten thousand or more inhabitants, when it deems it advisable for the public health, may establish one or more stations for the distribution of milk, either free of charge in cases of necessity, or at such charge and under such conditions, rules and regulations as it establishes; but this section shall not permit any such board to engage in a general milk business.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 33 - Inspectors of Milk and Collectors of Samples of Milk

Section 33. The board of health of a city shall, and the board of health or the selectmen acting as such board of a town may, appoint one or more inspectors of milk and one or more collectors of samples of milk, who shall have the powers, and perform the duties, conferred and imposed by law upon such inspectors and collectors, who shall be under the control of, and whose compensation shall be fixed by, the board appointing him or them; but no person whose business, in whole or in part, is the buying or selling of milk, or who is an officer, agent or employee of any person engaged in the sale thereof, shall be appointed as such inspector. Each person so appointed shall be sworn before entering upon his official duties and each such inspector shall publish a notice of his appointment for two successive weeks in a newspaper published in his town, if any; otherwise he shall post such notice in two or more public places therein. Such inspectors may be removed in cities in the manner provided in sections forty-one to forty-five, inclusive, of chapter thirty-one, and in towns at any time, by the appointing board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 35 - Powers of Inspectors of Milk and Collectors of Samples of Milk; Appointment; Removal

Section 35. Each inspector of milk shall enforce in his town the laws as to the milk supply, and shall make complaint for a violation of any provision of sections nineteen to twenty-eight, inclusive, thirty-three, thirty-eight to forty, inclusive, and forty-one A, upon the information of any person laying before him satisfactory evidence whereby to sustain such complaint. He shall keep an office and shall record, in books kept for the purpose, the name and place of business of each person engaged in the sale of milk within such town. Each inspector of milk or collector of samples of milk may enter each place where milk is produced, stored or kept for sale and each vehicle used for its conveyance, and take therefrom samples for analysis. Upon request made when any sample is taken, he shall seal and deliver to the owner or person from whose possession the milk is taken a portion of each sample, and a receipt therefor shall be given to him. Each inspector of milk shall cause each sample to be analyzed or otherwise satisfactorily tested, and shall record and preserve as evidence the results thereof; but no evidence of the result of such analysis or test shall be received if such inspector or collector refuses or neglects to seal and deliver, upon request as above provided, a portion of such sample to the owner or person from whose possession it is taken. This section shall not apply to milk in the course of interstate commerce.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 36 - Results of Milk Analysis Sent to Owner

Section 36. An officer of the department of public health or of the division of regulatory services of the department of food and agriculture, an inspector of milk or collector of samples of milk, or other officer of the commonwealth or of a city or town who obtains a sample of milk for analysis shall, within ten days after obtaining the result of the analysis, send it to the person from whom the sample was taken or to the person responsible for the condition of such milk.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 37 - Liability of Producer of Milk

Section 37. No producer of milk shall be liable to prosecution for the reason that the milk produced by him is not of good standard quality unless such milk was taken upon his premises or while in his possession or under his control by an inspector of milk, collector of samples of milk or agent of the division of dairying and animal husbandry of the department of food and agriculture or of the department of public health, and a sealed sample thereof was given to such producer upon demand, nor unless he shall fail to bring the milk produced by him to the legal standard for milk solids and milk fat within twenty days after written notice that it is below said standard has been sent to him by the officer taking said sample. At any time after such period of twenty days has elapsed, any such officer may take a second sample, and if it is found to be below the legal standard for milk solids and milk fat prosecution may follow.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 38 - Connivance by or Interference With Inspector of Milk or Collector of Samples of Milk

Section 38. An inspector of milk or a collector of samples of milk who wilfully connives at or assists in a violation of sections nineteen, twenty, twenty-three, thirty-nine, forty and one hundred and forty-six, or any person who hinders, obstructs or interferes with such an inspector or collector in the performance of his duty, shall, except as provided in section sixty, be punished by a fine of not less than one hundred nor more than three hundred dollars or by imprisonment for not less than one nor more than two months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 39 - Use of Imitation or Counterfeit Seal

Section 39. Whoever makes, causes to be made, uses or has in his possession, an imitation or counterfeit of a seal used by an inspector of milk, collector of samples of milk or other officer engaged in the inspection of milk, and whoever changes or tampers with a sample taken or sealed as provided in section thirty-five, shall be punished by a fine of one hundred dollars and by imprisonment for not less than three nor more than six months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 40 - License to Sell Milk or Cream Required; Contents; Display

Section 40. No person, except a producer or dealer selling milk to other than consumers, or selling not more than twenty quarts per day to consumers, shall deliver, exchange, expose for sale or sell or have in his custody or possession with intent so to do any milk or cream in any town where an inspector of milk is appointed, without obtaining from such inspector a license which shall contain the number thereof, the name and place of business. A license issued to a partnership or corporation shall be issued in the business name of said partnership or corporation and shall contain the names in full of the partners and managers of said partnership or officers of said corporation. The license shall, for the purposes of sections forty to forty-two, inclusive, be conclusive evidence of ownership and shall not be sold, assigned or transferred. No person, other than a producer selling milk or cream, or both, shall display the word ''dairy'' on any vehicle used by him or his authorized agent in the business of selling milk or cream, unless such person has a license, in full force and effect, issued under section forty-eight A. Whoever in such a town engages in the business of selling milk or cream from any vehicle for household deliveries shall display conspicuously on the outside of each vehicle so used the name and principal place of business of the licensee in Gothic letters not less than one and one-half inches in height. Whoever in such a town engages in the business of selling milk or cream in a store, booth, stand or market place shall have his license conspicuously posted therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 41 - Granting of License to Sell Milk or Cream; Fee; Term, Suspension or Revocation; Appeal; Reinstatement; Notice; List of Dealers

Section 41. An inspector of milk in any town, for the purposes mentioned in the preceding section and subject to the regulations established by the board of health of such town, may grant licenses to suitable persons, and unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, shall receive for each license so granted a fee of two dollars for the use of such city or town, and all license fees collected by him shall be paid over monthly to the city or town treasurer, but in no event shall any such fee be greater than ten dollars. Such licenses shall remain in force until June first following, unless previously suspended or revoked. An inspector of milk may declare any license granted by him under this section suspended or forfeited upon a conviction of the licensee in any court of the commonwealth for violation of his license. If the applicant for a license fails to comply with any regulation of the board of health of the town where the application is made, a license may be refused until he has complied with such regulation; and a license granted under this section may be revoked at any time for failure to comply with any such regulation. If a license is so refused or revoked, an appeal may be taken to the department of public health, whose decision shall be final. Every inspector of milk shall annually during the month of June, and at any other time upon special request of the commissioner of agriculture, furnish to him a list of dealers holding licenses for the sale of milk, skimmed milk or cream who purchase the same directly from producers in the commonwealth. If any inspector revokes such a license or reinstates such a license previously revoked, he shall, within ten days after the effective date of such revocation or reinstatement, notify said commissioner in writing to that effect.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 41a - Dealers Selling to Other Than Consumers; License

Section 41A. No dealer selling to other than consumers, except a dealer licensed under the provisions of sections forty and forty-one, shall deliver, exchange, expose for sale or sell or have in his custody or possession with intent so to do any milk or cream in any town where an inspector of milk is appointed, without obtaining from such inspector a license which shall contain the number thereof, and the name and place of business. A license issued to a partnership or corporation shall be issued in the business name of said partnership or corporation and shall contain the names in full of the partners and managers of said partnership or officers of said corporation. Application for such license shall be made on or before March first of the license period beginning June first, following, or at any time later than March first in any year for the balance of the license period after the date of issue of the license. The inspector of milk in any town may grant such license. Such application shall be made upon a form furnished and prescribed by the commissioner of public health.
The inspector of milk upon the payment of a fee of two dollars shall issue to such applicant a license which shall remain in force and effect for a period of five years beginning June first following or the balance thereof as the case may be.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42 - Penalties for Violation of Sec. 40

Section 42. Whoever violates any provision of section forty shall be punished for the first offence by a fine of not less than ten nor more than one hundred dollars, for the second offence by a fine of not less than fifty nor more than three hundred dollars, and for a subsequent offence by a fine of fifty dollars and by imprisonment for not less than one nor more than two months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42a - Definitions Applicable to This Section and Secs. 42b to 42j; License to Receive Milk From Producers; Application; Bond or Other Security; Fee

Section 42A. The following words, as used in this section and in sections forty-two B to forty-two J, inclusive, shall, unless the context otherwise requires, have the following meanings:
''Cooperative association'', a duly incorporated organization of dairy farmers which the commissioner determines to be qualified under the provisions of the Act of Congress of February 18, 1922, known as the ''Capper-Volstead Act'', and to be engaged, by virtue of a membership agreement or contract in full force and effect, in making collective sales of, or marketing, milk or its products for producers.
''Pay period'', the period in any month from the first to the fifteenth day, inclusive, or from the sixteenth to the final day inclusive.
''Producer'', any person engaged in the commercial production of milk on a place or premises within the confines of the commonwealth, including, to the extent deemed necessary or advisable by the commissioner, a cooperative association which represents any such person in the marketing of his milk.
''Receive'' or ''receipt'', the act of any person, licensed or required to be licensed under the provisions of chapter ninety-four A, by which raw milk is first accepted or caused to be accepted from a producer.
No person shall receive milk from producers unless licensed to do so by the commissioner. Application for such license shall be made on or before March the first in each year for the license year beginning June the first following, or at any time later than March the first in any year for the balance of the license year after the date of issue of the license, which date shall be at least two months subsequent to the filing of the application. Such application shall be made upon a form prescribed by the commissioner and shall contain a statement of such information as he may require to aid him in fixing the amount of the bond or other security hereinafter required. Such statement shall be made under the penalties of perjury by the applicant, if an individual, and, if the applicant is a corporation, by its president and treasurer. A license shall not be issued unless the applicant shall execute and file at the time of filing the application, or within such further time as the commissioner may allow, a bond or other security satisfactory to the commissioner or shall be relieved therefrom as provided in section forty-two E. The commissioner, if satisfied with the financial responsibility and good faith of the applicant and with the bond or other security filed with him, shall issue to such applicant, upon payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, a license entitling the applicant to receive milk from producers for the license year or balance thereof as the case may be.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42b - Bond; Amount; Form; Condition; Note, Cash or Collateral in Lieu of Bond

Section 42B. The bond required by the preceding section shall be payable to the commissioner and shall be in a sum fixed by him. Said sum shall be substantially equivalent to the total value, as determined by the commissioner, of milk received by the applicant from all producers during an average pay period in the three months immediately preceding the date of application for a license, plus ten per cent of such total value, or, if the applicant is not currently receiving milk from producers, shall be substantially equivalent to the total value, as estimated by the commissioner, of milk to be received from all producers in an average pay period during the term for which the license is to issue, plus ten per cent thereof. Such bond shall be in a form prescribed by the commissioner and shall be executed by the applicant and by a surety company authorized to do business in the commonwealth. It shall be upon the condition that the applicant, if granted a license, shall faithfully comply with all pertinent provisions of this chapter and shall promptly pay all amounts due or to become due to producers during the license period for which application is made. In lieu of such bond, the commissioner may accept a note of like amount payable to him, secured by a mortgage of real estate or by a deposit of cash or collateral with him. Any such mortgage, or note secured by cash or collateral, shall be upon the same condition as is herein provided for a bond. Any cash or collateral deposited under this section or under section forty-two D shall be deposited by the commissioner with the state treasurer, who shall hold the same subject to section forty-two C.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42c - Default by Licensee; Notices; Action on Bond; Payment of Claims

Section 42C. Each producer shall notify the commissioner in writing of any default in the timely payment for milk on the part of a licensee, such notification to be made within ninety days after the date on which payment for milk is regularly due under the provisions of chapter ninety-four A, of orders, rules or regulations issued under the authority thereof, or of a federal milk marketing order effective in the commonwealth. Upon default by the licensee in any of the conditions of his bond or other security, if there is reason to believe that the licensee is in arrears in his payments to producers for milk received by him, the commissioner shall give notice to all producers so affected to file verified claims with him, and may, if he deems it advisable, fix a limit of time within which such claims shall be filed. The commissioner or his duly authorized assistant shall examine claims so filed and shall certify the amounts determined by him to be due thereon. Upon such default, the commissioner or his duly authorized assistant may bring such action as is deemed necessary upon any bond given under the two preceding sections, may foreclose any mortgage given thereunder and sell the mortgaged property and may sell any collateral deposited with him thereunder. He shall first apply the sum recovered in any such action, or the proceeds of the sale of any such mortgaged property or deposited collateral, or any cash deposited as security toward the payment of any claims of producers filed and certified under this section, and, if the amount thereof is more than sufficient to pay all such claims in full, shall pay any balance remaining, after deducting all expenses, to the licensee or his legal representative or surety or other person entitled thereto. In any action taken upon a bond or other security filed under the provisions of sections forty-two A and forty-two B, the certificate of the commissioner in determining the amounts due shall be prima facie evidence of the facts stated therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42d - Insufficient Bond or Other Security; Notice to Commissioner; Statement of Assets, Liabilities and Disbursements; Additional Security

Section 42D. If the business operation of any licensee is such that the total value of milk received by him from producers in any pay period exceeds the sum of his bond or other security filed under the provisions of sections forty-two A and forty-two B, he shall advise the commissioner thereof in writing not later than thirty days after the end of such pay period. The commissioner may from time to time require a licensee to file a statement of his assets, liabilities and disbursements covering a period to be prescribed by the commissioner, including the names and addresses of producers from whom the licensee receives milk and the amount due to each such producer. Such statement shall be made under the penalties of perjury by the licensee, if an individual, or, if the licensee is a corporation, by its president and treasurer. If it appears from such statement, or from facts otherwise ascertained by the commissioner, that the security afforded to producers by bond, note, mortgage or otherwise does not adequately protect them, the commissioner may require the licensee to give, immediately or within such time as the commissioner may fix, additional security in such sum as he shall determine; provided, however, that the total amount of security required of such licensee shall not thereby be made to exceed by more than twenty-five per cent the total value of milk received by the licensee from producers during any pay period in the three months immediately preceding.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42e - Exemption From Filing Bond or Security

Section 42E. If a licensee, or an applicant for a license, under section forty-two A is himself a producer and, in addition to his own production, receives from other producers not more than one hundred quarts of milk, and if the commissioner is satisfied from an investigation of the financial condition of the licensee or applicant that he is solvent and possessed of sufficient assets reasonably to assure compensation to his present and future creditors, the commissioner may, by an order filed in the department of agriculture, relieve such applicant or licensee from filing a bond or other security as hereinabove required. No bond or other security shall be required of a cooperative association receiving milk from producers who are also members, by virtue of a membership agreement or contract in full force and effect, of such cooperative association.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42f - Records of Transactions

Section 42F. To the extent and in such form as the commissioner may require, each person licensed under section forty-two A shall keep a record of his receipts from and payments to producers, and shall furnish to each such producer a statement of the quantity of milk received from him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42g - Investigation of Financial Standing and Business Conduct of Applicant or Licensee; Information Disclosed Confidential

Section 42G. The commissioner or his duly authorized assistant may at any time investigate the financial standing and past business conduct of any person applying for or holding a license under section forty-two A, and in such investigation may examine the books of account or other documents or records of any such applicant or licensee, and may take testimony therein under oath; provided, however, that information, disclosed by such investigation and relating to the general business of any such applicant or licensee, but not pertinent to the purposes of sections forty-two A to forty-two J, inclusive, shall be treated by the commissioner as confidential.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42h - Grounds for Refusal to Grant License or Revocation

Section 42H. The commissioner may refuse to grant a license under section forty-two A, or may revoke such a license already granted, when he is satisfied of the existence of any of the following causes:
1. That a judgment has been obtained against the applicant or licensee by any producer and remains unsatisfied of record.
2. That the applicant or licensee has failed to make prompt settlements with producers from whom he has received or is receiving milk, or to make statements to producers as provided in section forty-two F.
3. That there has been a continued course of dealing of such nature as to satisfy the commissioner of the inability or unwillingness of the applicant or licensee to conduct business properly or of an intent to deceive or defraud producers.
4. That there has been a continued failure by the applicant or licensee to keep records or furnish information required by the commissioner or by law.
5. That the licensee has failed to give additional security as required under section forty-two D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42i - Notice and Hearing Before Revocation; Order; Decision Final

Section 42I. Before revoking any license issued under section forty-two A, the commissioner shall give the licensee ten days' notice, by delivery in hand or by mail, of the time and place of a hearing to determine whether or not such license shall be revoked. At such hearing, the commissioner or his duly authorized assistant shall receive evidence under oath and give the licensee an opportunity to be heard, and shall thereafter file an order either dismissing the proceeding or revoking such license. The decision of the commissioner following such hearing shall be final.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 42j - Unlicensed Receiving of Milk From Producers; Penalty

Section 42J. Except as provided in section forty-two E, any person who receives milk from producers without having a license under section forty-two A in full force and effect shall be punished by a fine of not more than fifty dollars for each consecutive period of twenty-four hours during which such unlicensed operation continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 44 - Fees for Inspection or Test for Purpose of Protecting Milk Supply Prohibited; Penalty

Section 44. No fee for making any inspection or test of live stock, or any inspection of any dairy, barn or stable, under authority of law, for the purpose of protecting the milk supply of any town, shall be requested or accepted by any official or other person making or assisting to make such test or inspection. Whoever violates this section shall be punished by a fine of not more than fifty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 45 - Milk Containers; Names on Caps or Labels; Fees; Penalty

Section 45. No licensed milk dealer shall sell, or have in his possession with intent to sell, milk not contained in clean vessels on which, or on a cap, tag or label attached to which, appears his own name, or the name under which his business is conducted, and no other name; but this section shall not apply to a person using clean vessels on which appears the name of another person whose written permission for such use has been obtained previously and registered in the office of the inspector of milk, in towns having such officer, and in other towns registered in the office of the town clerk upon the payment of the fee provided by clause (76) of section thirty-four of chapter two hundred and sixty-two. Whoever violates this section shall be punished by a fine of ten dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 48 - Placing of Offal, Swill, etc., in Dairy Product Containers; Penalty

Section 48. Whoever himself or by his servant or agent having custody of any vessel used as a container for milk intended for sale, places or causes or permits to be placed therein offal, swill, kerosene, vegetable matter or any article other than milk, skimmed milk, buttermilk, cream, other wholesale products in which dairy products constitute the major portion thereof, food products approved by the commissioner of public health for use in such vessel or water or other agent used for cleaning said vessel, or sends, ships, returns or delivers, or causes or permits to be sent, shipped, returned or delivered to any producer of milk any vessel used as a container for milk and containing any offal, swill, kerosene, vegetable matter or other offensive material, shall be punished by a fine of not more than ten dollars for each such vessel.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 48a - Licensing of Pasteurization Establishments; Penalty

Section 48A. No person shall maintain an establishment for the pasteurization of milk without a license from the board of health of the town where the establishment is to be located. Any person desiring such a license may make written application to such board, stating the location of the establishment and such other information as may be required by rules and regulations for the enforcement of this section, which the department of public health is hereby authorized to make. Upon receipt of the application the said board shall cause an examination of the sanitary condition of the establishment to be made, and if it is found to be in a sanitary condition, and in accordance with the requirements of said rules and regulations, and otherwise properly equipped for the business of pasteurizing milk, said board, upon receipt of a license fee of ten dollars, unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, shall issue a license authorizing the applicant to carry on such establishment for the pasteurization of milk for one year, but in no event shall any such fee be greater than forty dollars. If any such establishment licensed hereunder is deemed by the board issuing such license or by the department of public health to be operated or maintained in an unsanitary manner, or in violation of any of said rules and regulations, or not properly equipped for the business of pasteurizing milk, the board or the department shall close such establishment until such time as it has been put in a condition to conform with the requirements of this section, and said board or department may also suspend the license if the required changes are not made within a reasonable time.
Whoever, himself or by his servant or agent, violates any provision of this section, or of the rules and regulations made hereunder, shall be punished for the first offence by a fine of not more than one hundred dollars, and for a subsequent offence by a fine of not less than fifty nor more than three hundred dollars.
This section shall not be construed to interfere with the powers and duties conferred or imposed upon boards of health of cities and towns by sections forty-one and forty-one A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 48b - Use by Certain Institutions of Milk Produced, Processed or Packaged in Commonwealth

Section 48B. No institution supported in whole or in part by funds of the commonwealth shall use for its daily needs, milk produced, processed or packaged elsewhere than within the commonwealth; provided, however, that such institution may purchase milk from a dealer who is duly licensed as a milk dealer by a state which permits licensed Massachusetts dealers to sell milk to any institution in said state which is supported in whole or in part by funds of such state and provided, further, that if at any time the supply of milk so produced, processed or packaged is insufficient for the needs of such institution, or does not conform to the required standard for such milk, such institution, while and to the extent only that such insufficiency or lack of conformity exists, may use milk not so produced, processed or packaged. This section shall not apply to cream or to certified milk.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 48d - Blending Milk and Cream for Sale

Section 48D. No person shall blend milk and cream for sale, nor have any such blend in his custody or possession with intent to sell the same, unless the blending has been done in a pasteurization plant licensed under the provisions of section sixteen K or section forty-eight A. Whoever violates any provision of this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars for each offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 49 - Oleomargarine; Sale; Labeling; Marking

Section 49. Whoever himself or by his agent sells, exposes for sale or has in his possession with intent to sell oleomargarine shall have the word ''oleomargarine'', ''margarine'', or ''butterine'' so stamped, labelled or marked that said word cannot be easily defaced, upon the top, side and bottom of each tub, firkin, box or package containing any of said oleomargarine. Whoever, himself or by his agent, exposes or offers for sale oleomargarine not in the original packages shall attach thereto in a conspicuous place a label bearing the words ''imitation butter'', or the word ''oleomargarine'', ''margarine'', or ''butterine''. In retail sales of oleomargarine not in the original package the seller shall attach to each package so sold, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words ''imitation butter'', or the word ''oleomargarine'', ''margarine'', or ''butterine''. Each such stamp, label or mark shall be in printed letters in a straight line of not less than twenty point plain gothic type. This section shall not apply to oleomargarine served with or as a part of a meal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 50 - Imitation Cheese; Labeling

Section 50. Whoever himself or by his agent sells, exposes for sale or has in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of cheese or as a substitute therefor, and either not made by the use of coagulating agents, or containing any fats, oils or grease not produced from the milk of cows, goats or sheep, shall have the words ''imitation cheese'' stamped, labelled or marked in printed letters of plain, uncondensed gothic type, not less than one inch in length, so that said words cannot be easily defaced, upon the side of each cheesecloth or band around the same, and upon the top and side of each tub, firkin, box or package containing any of said article, substance or compound. In retail sales of said article, substance or compound not in the original packages, the seller shall attach to each package so sold, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words ''imitation cheese'', in printed letters of plain uncondensed gothic type, not less than one half inch in length.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 51 - Unlawful Sale or Advertising of Imitation Butter and Cheese; Penalty

Section 51. Whoever sells, exposes for sale or has in his possession with intent to sell, any article, substance or compound made in imitation or semblance of butter or cheese or as a substitute therefor, except as provided in the two preceding sections, and whoever with intent to deceive defaces, erases, cancels or removes any mark, stamp, brand, label or wrapper provided for in said sections, or in any manner falsely labels, stamps or marks any box, tub, article or package marked, stamped or labelled as provided in said sections, or whoever himself or by his agent sells, exposes for sale, or has in his possession with intent to sell, oleomargarine, contained in any box, tub, article or package, marked or labelled with the word ''dairy'', or the word ''creamery'', or the name of any breed of dairy cattle, or whoever uses in any way in connection or association with an advertisement of margarine, oleomargarine or of any substance designed to be used as a substitute for butter, the name or representation of any dairy animal or breed of dairy cattle, or, with intent to deceive, uses in any way in such connection or association the word ''butter'', ''creamery'' or ''dairy'', or any other words or symbols commonly used only in advertisements of butter, shall for the first offence forfeit one hundred dollars, and for each subsequent offence two hundred dollars, to the use of the town where the offence was committed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 54 - Manufacture, Sale and Advertising of Certain Imitation Butter; Penalty; Application of Section

Section 54. Whoever himself or by his agent or servant renders, manufactures, sells, offers for sale, exposes for sale, takes orders for the future delivery of, has in his possession, keeps in storage, distributes, delivers, transfers or conveys with intent to sell within the commonwealth any article, product or compound made wholly or partly out of any fat, oil or oleaginous substance or compound thereof, not produced from unadulterated milk or cream from the same, which is in imitation of yellow butter produced from unadulterated milk or cream from the same, shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not more than one year; but this section shall not prohibit the manufacture or sale of uncolored or colored oleomargarine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 55 - Fraud in Sale of Oleomargarine

Section 55. Whoever exposes for sale oleomargarine which is not marked and distinguished by all the marks, words and stamps required by section forty-nine, or whoever does not have upon the exposed contents of each opened tub, package or parcel of oleomargarine a conspicuous placard with the word ''oleomargarine'' or ''margarine'' printed thereon in plain, uncondensed gothic letters, not less than one inch long, or whoever himself or by his agent sells or offers for sale any oleomargarine to any person who asks or sends for butter, shall be punished by a fine of one hundred dollars.