reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 97 - Tests and Analyses; Reports; Publication of Results

Section 97. The director shall cause such tests and analyses as he may specify to be made of samples collected under section ninety-five in order to determine the quality of the seeds contained in such samples. The results of all such analyses shall be reported to the commissioner. To enable the director to determine the trueness to type or variety of vegetable, flower and other seeds, he shall provide that field tests be made of such samples of seeds as he may designate, and may publish the results of all such tests and analyses as are in accordance with the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 98 - Seed Germination Standards; Enforcement

Section 98. The director, with the approval of the commissioner, shall, subject to the provisions of chapter thirty A, adopt vegetable seed and flower seed germination standards, prescribe rules and regulations from time-to-time, and in like manner, modify or amend rules and regulations governing the methods of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower or tree and shrub seed and the tolerances to be followed in the administration of sections eighty-four to one hundred, inclusive, which shall be in general accord with officially prescribed practice in interstate commerce, and such other rules and regulations as may be necessary to secure the efficient enforcement of said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 99 - Purity and Germination Tests; Fees; Disposition

Section 99. Any person residing or doing business in the commonwealth may submit to the director samples of seeds for purity and germination tests subject to such rules and regulations as may be adopted by the director including a reasonable charge or fee for such tests. Receipts under this section shall be paid into the state treasury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 100 - Penalty

Section 100. Whoever sells, offers or exposes for sale any lot of agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds without complying with the requirements of sections eighty-four to ninety-nine, inclusive, applicable thereto or in violation of any order, under section ninety-five of the commissioner or of the superior court if an appeal is taken, or whoever falsely marks or labels any such seed or mixture, or impedes, obstructs or hinders the commissioner or any of his duly authorized agents, or the director or any of his duly authorized assistants, in the discharge of the authority or duties conferred or imposed by any provision of said sections, shall be punished by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 101 - Sale of Seed Potatoes Restricted; Waiver; Penalty

Section 101. No person shall sell, offer to sell or expose for sale seed potatoes that do not conform to the standards and allowable tolerances set forth in the rules and regulations established by the division of markets in the department. The director of the division of markets may when disease free stock is not available waive the provisions of this section for such periods of time as he may deem necessary. Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 102 - Marketing and Promotion of Apples; Purpose and Policy

Section 102. It is hereby declared that the marketing of fresh and processed apples in this commonwealth in excess of reasonable and normal market demands therefor, disorderly marketing of such apples, improper preparation for market and lack of uniform grading and classification of such apples, unfair methods of competition in the marketing of such apples and the inability of individual producers to develop new and larger markets for them, result in an unreasonable and unnecessary economic waste of the agricultural wealth of this commonwealth. Such conditions and the accompanying waste jeopardize the future continued production of adequate food supplies for the people of the commonwealth and other states. These conditions vitally concern the health, safety and general welfare of the people of this commonwealth.
It is therefore declared the legislative purpose and the policy of this commonwealth:
(a) to enable apple producers of this commonwealth, with the aid of the commonwealth, more effectively to correlate the marketing of their apples with market demands therefor;
(b) to establish orderly, efficient and equitable marketing of apples;
(c) to provide for uniform grading and proper preparation of apples for market;
(d) to provide methods and means for the development of new and larger markets for fresh and processed apples produced in this commonwealth;
(e) to eliminate or reduce the economic waste in the marketing of fresh and processed apples.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 103 - Definitions Applicable to Secs. 102 to 115

Section 103. The following words as used in sections one hundred and two through one hundred and fifteen of this chapter shall have the following meanings unless the context otherwise requires:
''Apples'' means all apples produced within the commonwealth for the purpose of sale.
''Apple Promotion Advisory Board'' means the advisory board established pursuant to section one hundred and fourteen of this chapter.
''Distributor'' means any person engaged within the commonwealth, in selling, offering for sale, exchange, marketing or distributing fresh or processed apples which he has purchased or acquired from a producer or other person or which he is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer, except such retailer who purchases or acquires from or handles on behalf of any producer or other person, fresh or processed apples subject to regulation by the marketing agreement or order covering such apples.
''Grower'' means any producer as defined in this section.
''Handler'' means any person engaged in the operation of packing, grading, selling, offering for sale, exchange or marketing any fresh or processed apples, who as owner, agent or otherwise ships or causes such apples to be shipped.
''Marketing agreement'' means an agreement entered into, with the approval of the commissioner, by producers with distributors, processors and handlers regulating the preparation, sale and handling of fresh and processed apples.
''Marketing order'' means an order issued by the commissioner pursuant to said sections one hundred and two through one hundred and fifteen, prescribing rules and regulations governing the marketing for processing, the distributing, the sale or exchange of, or the handling in any manner of any fresh and processed apples sold in the commonwealth during any specified period or periods.
''Marketing season'' means the period beginning July first of any year and extending through June thirtieth of the following year.
''Person'' means any individual, firm, corporation, partnership, company or unincorporated association.
''Producer'' means any person engaged within the commonwealth in the business of growing apples, or causing apples to be grown for any market.
''Processor'' means any person, firm, corporation, partnership, company, or unincorporated association which performs any of the functions or acts of processing as defined herein.
''Processing'' and ''process'' are synonymous terms and mean all operations involved in receiving, grading, packing, canning, freezing, dehydrating, preserving, grinding, crushing, peeling, slicing, concentrating, or in any other way preserving or changing the form of apples, as herein defined for marketing in any form other than for fresh consumption.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 104 - Marketing Agreements; Approval

Section 104. Pursuant to section two of this chapter, and in order to promote and develop the agricultural resources of the commonwealth and encourage the marketing of fresh and processed apples, and to effectuate the declared policy of this chapter, the commissioner may, after due notice and opportunity for hearing, approve marketing agreements, which marketing agreements shall thereupon be binding upon the signatories thereto exclusively.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 105 - Marketing Orders; Issuance; Notice and Hearing; Amendment or Termination of Orders

Section 105. The commissioner may make and issue marketing orders, after due notice and opportunity for hearing, subject to
(1) approval of not less than sixty-five per cent of the producers participating in a referendum vote, and having marketed not less than fifty-one per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum, or
(2) approval of not less than fifty-one per cent of the producers participating in a referendum vote, and having marketed not less than sixty-five per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum.
The commissioner may, and upon written petition duly signed by at least twenty-five per cent of the affected producers shall amend or terminate such order after due notice and opportunity for hearing, but subject to the approval of at least fifty-one per cent of such producers participating in a referendum vote.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 106 - Budgets for Marketing Orders or Agreements; Cooperation With Other States and Federal Government

Section 106. With respect to any marketing order or marketing agreement implemented under the provisions of sections one hundred and two through one hundred and fifteen of this chapter, the commissioner shall prepare a budget of the administration and operating costs and expenses, including advertising and sales promotion, of such order or agreement, which shall be funded solely by assessments authorized under section one hundred and seven of this chapter. In implementing any such marketing order or agreement, the commissioner shall confer and cooperate with the legally constituted authorities of other states and the federal government involved in the promotion and marketing of apples and apple products.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 107 - Collection of Assessments

Section 107. As part of any marketing order or agreement implemented under the provisions of section one hundred and two through one hundred and fifteen of this chapter, the commissioner shall establish and provide for the collection of assessments to be collected once with respect to each apple sold from each person engaged in the production, processing, distribution or handling of any marketable apples produced in the commonwealth and subject to any such order or agreement. Said assessments shall be established in an amount sufficient to fund the necessary costs and expenses involved in the implementation of such order or agreement, but shall in no event exceed five per cent of the gross dollar volume of apple sales or amount of apples handled by the person subject to the assessment. Funds so collected by the commissioner shall be held in trust in accordance with the provisions of section one hundred and thirteen of this chapter and shall be expended in accordance with the budget adopted by the commissioner under section one hundred and six of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 108 - Marketing Agreements or Orders; Provisions

Section 108. Any marketing agreement or order issued by the commissioner pursuant to said sections one hundred and two through one hundred and fifteen shall be limited to the following:
(a) provisions for the establishment of uniform grading, standards, and inspection of any apples delivered by producers or other persons to handlers, processors, distributors or others engaging in the handling thereof, and for the establishment of grading or standards of quality, condition, size, maturity or pack for any apples, and the inspection and grading of such apples, in accordance with such grading or standards so established; and for provisions that no producer, handler processor or distributor of any fresher processed apples for which grading or standards are so established may, except as otherwise provided in such marketing agreement or order; sell, offer for sale, process, distribute or otherwise handle any such apples, whether produced within or without this commonwealth, not meeting and complying with such established grading or standards. For the purposes of this article, the federal and state inspection service shall perform all inspections made necessary by such provisions.
(b) provisions for the establishment of research programs designed to benefit apple production, storage, processing, or marketing and sales.
(c) provisions for advertising and sales promotion designed to benefit apple production, processing or marketing and sales.
(d) such other provisions as may be necessary to effectuate the provisions stated in paragraphs (a) through (c) of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 109 - Temporary Suspension of Marketing Orders or Agreements; Notice and Hearing

Section 109. The commissioner may temporarily suspend the operation of an effective marketing order or agreement for a continuing period of not longer than one growing and marketing season, found by the commissioner after due notice and an opportunity for a hearing to be unnecessary during such season to fulfill the policy and purposes of said sections one hundred and two through one hundred and fifteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 110 - Economic Factors

Section 110. In carrying out the purposes of said sections one hundred and two through one hundred and fifteen, the commissioner may take into consideration any and all facts available to him with respect to the following economic factors:
(a) the quantity of such fresh and processed apples available for distribution;
(b) the quantity of such fresh and processed apples normally required by consumers;
(c) the cost of producing such fresh and processed apples;
(d) the purchasing power of consumers;
(e) the level of prices of commodities, services and articles which the farmers commonly buy;
(f) the level of prices of other commodities which compete with or are utilized as substitutes for such fresh and processed apples.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 111 - Effect of Marketing Agreements or Marketing Orders; Execution or Issuance of One Without Other; Concurrent Hearings

Section 111. The execution of one or more marketing agreements pursuant to section one hundred and four of this chapter shall in no manner affect the issuance, administration or enforcement of any marketing order provided for in said sections one hundred and two through one hundred and fifteen. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same fresh or processed apples. The commissioner, in his discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order after giving due notice and opportunity for hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 112 - Issuance, Amendment or Termination of Marketing Orders; Deposit to Defray Expenses; Reimbursement

Section 112. Prior to the issuance, amendment or termination of any marketing order pursuant to section one hundred and five of this chapter, the commissioner may require the applicants for such issuance, amendment or termination to deposit with him such amount as he may deem necessary to defray the expenses of preparing and making effective, amending or terminating a marketing order. Such funds shall be received, deposited and disbursed by the commissioner in the same manner as assessments received by him under section one hundred and thirteen of this chapter. In the event the application for adoption, amendment or termination of a marketing order is approved in a referendum, the commissioner shall reimburse any such applicant on a pro rata basis, up to the amount of any such deposit, to the extent that any unexpended monies collected under such marketing order remain in the trust fund established under section one hundred and thirteen of this chapter with respect to such order.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 113 - Assessments Held in Trust; Disbursements; Refunds; Reports

Section 113. Any assessments collected by the commissioner pursuant to section one hundred and seven of this chapter shall not be deemed state funds, but shall be deemed to be held pursuant to section four of this chapter by the commissioner, as trustee, in trust for and on behalf of all persons from and on behalf of whom assessments therefor were collected, allocated to each marketing order or agreement under which they are collected, and shall be disbursed by the commissioner only for the necessary expenses incurred by the commissioner with respect to each such separate marketing order or agreement, in accordance with the rules and regulations of the commissioner.
Any moneys remaining in such fund allocable to any assessments for fresh or processed apples affected by a marketing order or agreement may, in the discretion of the commissioner, be refunded at the close of any marketing season on a pro rata basis to all persons from whom assessments therefor were collected or, whenever the commissioner finds that such moneys may be necessary to defray the cost of operating such marketing order or agreement in a succeeding marketing season, he may carry over all or any portion of such moneys into the next such succeeding season.
Upon the termination by the commissioner of any marketing order or agreement, all moneys remaining and not required by the commissioner to defray the expenses of operating such marketing order or agreement shall be refunded by the commissioner upon a pro rata basis to all persons from whom assessments therefor were collected; provided, however, that if the commissioner finds that the amounts so refundable are so small as to make impracticable the computation and refunding of such refunds, the commissioner may use such moneys to defray the expenses incurred by him in the formulation, issuance, administration or enforcement of any subsequent marketing order or agreement for fresh or processed apples.
The commissioner shall file an annual report with the clerks of the senate and the house of representatives detailing the activities undertaken, assessments collected and expenditures made in the preceding year with respect to any marketing order or agreement implemented under said sections one hundred and two through one hundred and fifteen. All assessments collected and expenditures made with respect to any such marketing order or agreement shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 114 - Advisory Board Established With Marketing Order; Membership; Expenses; Duties

Section 114. Any marketing order issued pursuant to said sections one hundred and two through one hundred and fifteen shall provide for the establishment of an advisory board, to consist of not less than five members nor more than nine members, to advise the commissioner in the administration of such marketing order in accordance with its terms and provisions. The members of said board shall be appointed by the commissioner from nominations received from the Massachusetts apple industry, including, without limitation, producers, handlers and processors. Nominating procedures, qualifications, and representation on and size of the advisory board shall be prescribed in each marketing order for which such board is appointed. Each advisory board shall be composed of such producers and handlers or processors as are directly affected by the marketing order in such proportion of representation as the order shall prescribe. The commissioner may appoint one person who is neither a producer nor processor nor other handler to represent the department of food and agriculture or the public generally.
No member of an advisory board shall receive a salary, but each shall be entitled to reasonable expenses incurred while engaged in performing his duties herein authorized, which shall be paid from the trust fund established with respect to the marketing order under section one hundred and thirteen of this chapter. The duties and responsibilities of the advisory board shall be prescribed by the commissioner, and he may specifically delegate to the advisory board, by inclusion in the marketing order, all or any of the following duties and responsibilities:—
(a) recommending to the commissioner administrative rules and regulations relating to the marketing order;
(b) recommending to the commissioner such amendments to the marketing order as seem advisable;
(c) preparing and submitting to the commissioner the estimated budget required for the proper operation of the marketing order;
(d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds;
(e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order;
(f) performing such other duties in connection with the marketing order as the commissioner shall designate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 115 - Rules and Regulations; Promulgation; Actions to Enforce Compliance; Injunctions; Costs

Section 115. The commissioner may make and promulgate such rules and regulations as may be necessary to effectuate the provisions and intent of said sections one hundred and two through one hundred and fifteen and to enforce the provision of any marketing agreement or order, all of which shall have the force and effect of law.
The commissioner may institute such action at law or in equity as may appear necessary to enforce compliance with any provision of said sections one hundred and two through one hundred and fifteen or any rule or regulation, marketing agreement or order, committed to his administration, and in addition may apply for relief by injunction if necessary to protect the public interest. Costs incurred by the commissioner in such proceedings shall be paid from the trust fund established under section one hundred and thirteen of this chapter with respect to the marketing order or agreement in the proceedings.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 116 - Definitions Applicable to Secs. 117 to 123

Section 116. As used in this section and sections 117 to section 123, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Hemp'', the plant of the genus cannabis and any part of the plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta–9–tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.
''Industrial hemp'', hemp that is used exclusively for industrial purposes including, but not limited to, the fiber and seed.
''Person'', a natural person, corporation, association, partnership or other legal entity.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 117 - Industrial Hemp; Regulation; Acquisition of Seed

Section 117. (a) Industrial hemp may be planted, grown, harvested, possessed, processed, bought, sold or researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting, possessing, processing, selling or research of industrial hemp as an agricultural product shall be subject to the supervision and approval of the department pursuant to sections 116 to 123, inclusive.
(b) A person planting, growing, harvesting, possessing, processing or selling industrial hemp for commercial purposes shall: (i) be licensed by the department pursuant to section 118; and (ii) only acquire hemp seeds from a distributor approved by the department.
(c) Industrial hemp shall only be used for the following: (i) research purposes; and (ii) commercial purposes considered reasonable by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 118 - Purposes for Which Industrial Hemp May Be Planted, Grown, Harvested, Possessed, Processed or Sold; Registration and Licensure

Section 118. (a) No person, other than a person utilizing hemp for commercial purposes pursuant to subsection (c) or a person utilizing industrial hemp for research pursuant to subsection (d), shall plant, grow, harvest, possess, process or sell industrial hemp without a license issued by the department.
(b) No person shall produce or distribute industrial hemp seed without a license issued by the department.
(c) A person utilizing hemp for commercial purposes shall register with the department.
(d) A person utilizing industrial hemp for research conducted under an agricultural pilot program or other agricultural or academic research shall register with the department.
(e) An application for a license issued pursuant to subsection (a) or (b) shall include, but not be limited to: (i) the name and address of any applicants; (ii) the name and address of the industrial hemp operation of the applicant; (iii) the global positioning system coordinates and legal description of the property used for the industrial hemp operation; (iv) the acreage size of the field where the industrial hemp will be grown, if applicable; (v) a written consent allowing the department to conduct both scheduled and random inspections of and around the premises on which the industrial hemp is being sown, grown, harvested, stored and processed; (vi) a nonrefundable application fee in an amount which shall be established by the commissioner; (vii) any other information as may be required pursuant to subsection (d); and (vii) any other information as may be required by the commissioner.
(f) All documents included in an application for licensure submitted under subsection (e) except for the address of a licensee's cultivation or production facilities and any documents describing, depicting or otherwise outlining a licensee's security schematics or global positioning system coordinates, which are considered by the department to be confidential in nature due to their public safety implications, shall be considered public records for the purposes of chapter 66.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 119 - Annual License; Grounds for Denial of Application

Section 119. (a) After receipt, review and approval of an application for licensure pursuant to section 118, the commissioner may grant an annual license upon issuance of written findings that the requirements of sections 116 to 123, inclusive, have been satisfied and upon the issuance of written findings that issuing the license will be in the best interest of the commonwealth.
(b) The commissioner shall deny an application for a license filed pursuant to section 118 if the applicant: (i) fails to satisfy the minimum qualifications for licensure pursuant to sections 116 to 123, inclusive; or (ii) for good cause shown.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 121 - Rulemaking Authority

Section 121. (a) The department and the commissioner shall promulgate rules and regulations for the implementation, administration and enforcement of sections 116 to 123, inclusive.
(b) Pursuant to section 2 of chapter 30A, the department may promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if the regulation is necessary to protect the interests of the commonwealth in regulating industrial hemp.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 122 - Inspection and Testing Program

Section 122. The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department's duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing, selling or researching of hemp, industrial hemp. The department may establish an inspection and testing program to determine delta–9 tetrahydrocannabinol levels and ensure compliance with the limits on delta–9 tetrahydrocannabinol concentration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 123 - Fines; Appeals

Section 123. The department may establish civil administrative fines for violations of sections 116 to 123, inclusive. A person aggrieved by the assessment of a fine under this section or a licensure action under section 120 may appeal by filing a notice of appeal with the department not later than 21 days after the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128 - Agriculture › Section 124 - Enforcement of Federal Standards Related to Growing, Harvesting, Packing and Holding of Produce for Human Consumption

Section 124. (a) As used in this section, the following words shall have the following meanings unless the context otherwise requires:-
''Farm'', lands that are used by a person for farming or agriculture as defined in section 1A.
''Federal act'', the FDA Food Safety Modernization Act, Public Law No. 111–353, as amended.
''Federal standards'', the standards adopted under the federal act for the growing, harvesting, packing and holding of produce for human consumption as set forth in 21 C.F.R. 112, as amended.
''Produce'', produce as defined in 21 C.F.R. 112.3, as amended.
''Produce farm'', any farm engaged in the growing, harvesting, packing or holding of produce.
(b) The department may enforce the federal standards in the commonwealth. The department may consult, collaborate and enter into cooperative agreements with the department of public health regarding application and enforcement of the federal act.
(c) (1) The department may enter upon and inspect a produce farm during reasonable hours to ensure compliance with the federal standards or, pursuant to paragraph (2), comparable state standards applicable to produce not meeting the definition of covered produce under 21 C.F.R. 112.3, as amended. The commissioner may promulgate regulations as may be necessary to implement this paragraph.
(2) The department may conduct inspections of produce not meeting the definition of covered produce under 21 C.F.R. 112.3, as amended, or a produce farm not subject to the federal standards under 21 C.F.R. 112.4 and 112.5, as amended, only upon the request of the operator of the produce farm. Such a request for inspection shall subject the produce farm and its operator to the authority of the department as set forth in this section.
(3) After inspection, the department may issue an inspection certificate that shall include the date and place of inspection along with any other information that the department may prescribe. The department may coordinate with other state and federal agencies and organizations to carry out inspections at or near the same time on a particular produce farm.
(d) The department may issue reasonable orders necessary to effectuate the purposes of this section including, but not limited to, orders for the embargo, destruction, quarantine and release of produce. The commissioner may promulgate regulations as may be necessary to implement this subsection.
(e) The operator of a produce farm shall maintain records required by the federal act and rules adopted thereunder and shall make those records available to the department upon request.
[Chapter 128A effective until July 31, 2023. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; and 2022, 128, Sec. 14.]
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128a - Horse and Dog Racing Meetings › Section 4 - Fees; Refund

[ Text of section effective until December 15, 2025. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; and 2023, 26, Sec. 20.]
Section 4. The fee for the license provided for in section three shall be three hundred dollars or three-fourths of one-tenth of one per cent of the average daily handle of the previous calendar year for each day of any running horse, harness horse or dog racing meeting, whichever is the greater amount; provided, however, that a reduced fee, applicable to a license to any person holding or conducting a horse or dog racing meeting in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture, shall not exceed one hundred dollars for each day of such horse or dog racing meeting.
If for any reason or cause, beyond the control of and through no fault or neglect of any licensee and while such licensee is not in default, it should become impossible or impracticable to conduct racing upon any day or successive days specified in a license issued by the commission, the commission at the request of the licensee may, and upon proper showing shall, request the state treasurer to refund to the licensee an amount equal to the license fees paid for days on which such licensee does not hold or conduct a racing meeting under the terms of the license issued for such purpose. Upon receipt of such request, the state treasurer shall forthwith pay such amount to such licensee. The commission may, upon application of any such licensee, and upon the payment of the required license fees, grant an additional license for not more than the number of days on which it was impossible or impracticable to conduct racing, which days shall not be counted in the aggregate of racing days permitted by paragraphs (
f
), (
g
) and (
j
) of section three. The decision of the commission as to such impossibility or impracticability shall be final.
No license fee for the privilege of holding or conducting a horse or dog racing meeting, or for any other purpose peculiarly incidental to the holding or conducting of such a meeting, shall be imposed upon or collected from such a licensee by any city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128a - Horse and Dog Racing Meetings › Section 5b - Assessment for Operation of Commission; Refund

[ Text of section effective until December 15, 2025. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; and 2023, 26, Sec. 20.]
Section 5B. (a) One-quarter of one per cent of the total amount deposited at all racing meetings by the patrons wagering at such meetings shall be used to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the commission for the fiscal year next following the calendar year in which said total amount was wagered. Said one-quarter of one per cent shall be retained by the commission from the sums paid daily to the commission pursuant to section five and shall be deposited in the General Fund.
(b) The commission is hereby authorized to make an assessment in each fiscal year against each licensee conducting a racing meeting in the commonwealth. Said assessment shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce revenue to reimburse the commonwealth for funds appropriated for the operation of the commission, including amounts sufficient to cover the cost of fringe benefits as established by the commissioner of administration pursuant to section six B of chapter twenty-nine; provided, however, that the total assessment for all licensees, not including the revenues received pursuant to paragraph (a), shall not exceed seven hundred and fifty thousand dollars. Said assessment shall be made proportionately against each licensee on the basis of the amount withheld by each licensee less the sum paid to the commission as determined by section five. Each licensee against whom an assessment is made shall pay over daily to the commission a pro rata share of the assessment determined by dividing the total assessment of that license by the number of dates granted to the licensee pursuant to section three. If the commission fails to expend in any fiscal year the total amount assessed under this paragraph, any amount unexpended shall be credited against the assessment to be made in the following year and the assessment in such following year shall be reduced by such unexpended amount; provided, however that, if no racing dates are granted in the following year to any licensee, the portion of unexpended funds due such licensee as a credit shall, at the request of such licensee to the state treasurer, be refunded.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128a - Horse and Dog Racing Meetings › Section 6 - Records and Books of Wagers; Access; Financial Statements; Statements of Wagers

[ Text of section effective until December 15, 2025. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; and 2023, 26, Sec. 20.]
Section 6. Accurate records and books shall at all times be kept and maintained by each licensee, showing the number, nature and amount of all wagers made in connection with such meeting. The commission, or its duly authorized representatives, shall at all reasonable times have access to the records and books of any licensee for the purpose of examining and checking the same, and ascertaining whether or not the proper amount has been or is being paid to the commission as herein provided.
Within sixty days after the close of a racing meeting, each licensee conducting a horse or dog racing meeting shall submit, on forms prescribed by the commission, financial statements certified to the commission by a certified public accountant; provided, however, that said licensee with the prior written approval of the commission, may submit said statements annually within sixty days after the close of its fiscal year, if any. The commission, or its duly authorized representatives, shall at all reasonable times have access to all records and books of the licensee for the purpose of examining and certifying the same.
The commission may also from time to time require sworn statements of such wagers and may prescribe blanks upon which such reports shall be made. Any licensee failing or refusing to make such report as herein provided, or failing or refusing to pay the amount found to be due as provided in this chapter, shall be deemed guilty of larceny and upon conviction shall be punished by a fine of not less than one thousand nor more than ten thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128a - Horse and Dog Racing Meetings › Section 7 - Stewards to Conduct Racing Meetings; Representatives; Access; Authority; Reports; Violations

[ Text of section effective until December 15, 2025. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; and 2023, 26, Sec. 20.]
Section 7. The commission shall appoint two stewards to each track licensed to conduct racing meetings, who shall not be subject to chapter thirty-one or section nine A of chapter thirty. The commission shall assign, by regulation, duties to be performed by him. The compensation of the commission-appointed steward shall be fixed by the commission.
The commission may also appoint one or more other representatives to attend each racing meeting held or conducted under a license issued under this chapter, and the appointment of said representatives shall not be subject to chapter thirty-one or section nine A of chapter thirty. The compensation and duties of each such representative shall be fixed by the commission.
Each such representative appointed by the commission to attend a racing meeting shall have full and free access to the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised for the purpose only of ascertaining whether or not the provisions of this chapter are being properly observed. He shall also, for the same purpose only, have full and free access to the books, records and papers pertaining to such pari-mutuel or certificate system of wagering. All employees of the commission assigned to the tracks for security purposes and all police officers assigned to the commission shall be under the control and authority of one of the representatives of the commission at each track. Said representative shall have full and free access to any other areas used in connection with the conduct of racing. He shall investigate, ascertain and report to the commission in writing under oath as to whether or not he has discovered any violation at such meeting of any of the provisions of this chapter, and, if so, the nature and character of such violations. Such report shall be made within ten days after the termination of the duties of such representative at any racing meeting.
If any such report shows any violation of this chapter, the commission shall transmit a copy of such report to the attorney general for such action as he shall deem proper.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 128a - Horse and Dog Racing Meetings › Section 8 - Assignment of Police Officers at Racing Meetings; Approval; Cost; Employment of Veterinarians, Chemists and Laboratory Technicians

[ Text of section effective until December 15, 2025. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; and 2023, 26, Sec. 20.]
Section 8. The commission shall apply to the department of public safety for the assignment of a complement of police officers to the commission on a regular basis and said department shall assign such complement to the commission. The commission shall assign such police officers to guard and protect the lives and safety of the public, property and the animals to be raced at any such meeting, and to perform any such other duties which may be required by said commission in order to maintain fair and honest pari-mutuel racing at any such meeting. The police officers so assigned shall, except in the case of an emergency, and while on duty at any such racing meeting, be subject to the operational authority of the commission; provided, however, that such assignment or reassignment shall not in any way impair any rights to which any officer may be entitled.
The commission shall from funds available pay to the department of public safety the cost of the salaries of the police officers so assigned from funds appropriated to the commission.
All assignments and reassignments to the commission, except as the commissioner of public safety shall determine that an emergency exists or is threatened, shall be subject to the approval of the racing commissioner. Nothing herein shall prevent licensees from applying to the state police if they have jurisdiction in the area where a racing meeting is to be held, or to the police department of a city or town wherein a racing meeting is to be held, in order that such police agency may furnish a police detail for safety or traffic purposes at any racing meeting authorized by this chapter. The total cost for any such police detail shall be a sum equal to the salaries of the police officers comprising such detail, plus a sum to cover the administrative expenses incurred by the department of each such police officer.
The commission shall employ as many veterinarians, chemists and laboratory technicians as it deems necessary to insure the legitimate performance of the animals to be raced at any racing meetings authorized by this chapter and to protect the health of such animals and the department of public safety shall provide that such veterinarians, chemists and laboratory technicians shall have access to the department's laboratory facilities.