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 300 - Fees of Measurers of Wood and Bark

Section 300. Measurers of wood and bark shall be entitled to such fees for their services as the aldermen or selectmen shall establish; and the fees shall in each case be paid to the measurer by the driver and shall be repaid by the purchaser.
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 301 - Measurement of Water Borne Wood; Fees

Section 301. Cord wood brought by water into a town for sale, and landed, shall be measured by a public measurer; and for that purpose the wood shall be corded and piled by itself in ranges, making up in height what is wanting in length, and, being so measured, a ticket shall be given to the purchaser, who shall pay the stated fees for such service. Towns may establish ordinances and by-laws, with suitable penalties, for the inspection, survey, measurement and sale of wood and bark for fuel brought therein for sale, and may also provide for the appointment of inspectors, surveyors and other officers and establish their fees.
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 302 - Tickets Certifying Quantity in Load; Application of Secs. 296 to 303

Section 302. Each wharfinger, carter or driver who conveys firewood or bark from a wharf or landing place shall be furnished by the owner or seller with a ticket certifying the quantity which the load contains and the name of the driver; and if firewood or bark is thus conveyed without such ticket accompanying the same, or if a driver refuses to produce and show such ticket to any sworn measurer on demand, or to give his consent to have the same measured, or if such ticket certifies a greater quantity of wood or bark than the load contains in the opinion of such measurer after measuring the same, the driver and owner shall for each load thereof severally forfeit five dollars. Sections two hundred and ninety-six to three hundred and three, inclusive, shall not apply to a person who transports or carts or causes to be transported or carted from a wharf or landing place to his own dwelling house or store cord wood or bark which he has purchased on a wharf or landing place, or which he has landed thereon upon his own account.
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 303 - Sale of Prepared Wood, Bark, Slabs and Edgings for Fuel; Surveyors and Inspectors

Section 303. The city counsel of a city may establish ordinances, with suitable penalties not exceeding five dollars for any one violation thereof, for the regulation of the sale of prepared wood, slabs and edgings for fuel, when sold by the load, and for the inspection, survey, measurement and sale of bark for fuel or manufacturing purposes brought into said city for sale, whether the same is exposed for sale in ranges or upon a vehicle; and said city may provide for the appointment of such surveyors, inspectors and other officers as may be necessary to carry into effect said ordinances and may establish their fees.
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 303a - Licensing of Manufacture, Sale and Transportation of Methyl Alcohol or Wood Alcohol

Section 303A. No person other than a registered druggist shall engage in the business of manufacturing, buying, selling, transporting, importing, exporting or dealing in methyl alcohol, or wood alcohol, so called, or any preparation, other than shellac varnish or shellac solvent or paint remover or varnish remover, used for manufacturing or commercial purposes which contains more than three per cent of methyl alcohol and is intended for use other than as a beverage, without being licensed so to do as provided in section three hundred and three B.
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 303b - Fees for Licenses; Renewals; Suspension; Records

Section 303B. The board of health of a town may issue to properly qualified persons licenses to engage therein in the business described in section three hundred and three A. 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, the fee for such a license shall be one dollar, which shall be paid into the town or city treasury, but in no event shall any such fee be greater than five dollars. The department of public health may issue licenses to such persons to engage in such business anywhere within the commonwealth upon payment of a fee as determined annually by the commissioner of administration under the provision of section three B of chapter seven, which shall be paid into the state treasury. All licenses issued under this section shall expire twelve calendar months from the date of issue, and may at any time be suspended or revoked, for cause, by the issuing authority. Such authority shall keep a record of all licenses granted, suspended or revoked by it.
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 303c - Marking Containers Containing Methyl Alcohol or Wood Alcohol

Section 303C. Every barrel, keg, bottle or other container containing methyl alcohol or wood alcohol, so called, or any drug or medicine intended for external use containing methyl alcohol shall bear in capital letters not less than three eighths nor more than one and one half inches in height, stencilled or printed thereon, the words ''POISON, NOT FOR INTERNAL USE'', or shall bear a label which shall include the word ''POISON'' and which shall conform to regulations prescribed by the department of public health, authority to prescribe such regulations and to amend or annul the same being hereby granted to said department. Whoever, himself or by his servant or agent, sells, exchanges or delivers any such alcohol, drug or medicine in any container not conforming to this section shall be punished by a fine of not less than fifty nor more than two hundred 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 303d - Sale of Methyl Alcohol or Wood Alcohol by Unlicensed Person; Sale to Minors; Sale for Drinking Purposes Prohibited

Section 303D. The sale of methyl alcohol or wood alcohol, so called, or any preparation containing methyl alcohol as described in section three hundred and three A by a person not licensed as required by sections three hundred and three A and three hundred and three B, or by a licensee to a person under sixteen years of age or to any person without reasonable investigation and inquiry to determine that the same is not to be used for drinking purposes, shall constitute the offence of unlawful sale of alcohol and may be described as such in any complaint or indictment without more; but a person so charged shall be entitled to a bill of particulars in accordance with section forty of chapter two hundred and seventy-seven.
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 303e - Penalties for Violation of Secs. 303a to 303d

Section 303E. Except as otherwise provided in section three hundred and three C, violation of any provision of sections three hundred and three A to three hundred and three D, inclusive, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.
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 303g - Definitions Applicable to Secs. 303h to 303l

Section 303G. As used in this section and sections three hundred and three H to three hundred and three L, inclusive, the following words shall, unless the context otherwise requires, have the following meanings:—
''Anti-freeze'', any substance or preparation intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point.
''Division'', the division of standards in the office of consumer affairs and business regulation.
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 303h - Minimum Standards of Strength and Quality for Anti-Freeze; Adulteration

Section 303H. The division shall establish minimum standards of strength and quality for anti-freeze. An anti-freeze shall be deemed to be adulterated if it consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operation of the engine dangerous to the user; or if its strength, quality, or purity falls below the minimum standards of strength and of quality, as established by the director of the division.
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 303i - Misbranded Anti-Freeze; Labels for Containers

Section 303I. An anti-freeze shall be deemed to be misbranded if its labeling is false or misleading in any particular; or if sold in a container which does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor and an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the container.
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 303j - Inspection of Anti-Freeze Sample; Issuance and Cancellation of Permit for the Sale of Anti-Freeze

Section 303J. No anti-freeze shall be sold, offered for sale, or held with intent to sell within the commonwealth unless a sample thereof has been inspected by the division and a permit for the sale thereof has been issued by the division. Upon application of the manufacturer, packer, seller, or distributor and the payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven for each brand of anti-freeze submitted, the division shall inspect such anti-freeze. If the anti-freeze is not adulterated or misbranded, the division shall give the applicant a written permit authorizing the sale of such anti-freeze within the commonwealth for a period expiring June thirtieth next.
If the division finds that any anti-freeze which is to be sold, offered for sale, or held with intent to sell has been altered or adulterated or that a change has been made in the name, brand or trade-mark under which said anti-freeze is to be sold, the division shall notify the licensee and cancel his permit forthwith.
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 303k - Enforcement of Secs. 303g to 303j; Samples; Inspection of Premises, Etc.

Section 303K. The division shall administer and enforce the provisions of sections three hundred and three G to three hundred and three J, inclusive, by inspections, chemical analyses, and other appropriate methods. All samples for analysis shall be taken from stocks within the commonwealth or intended for sale therein, and the division may call upon the manufacturer or distributor applying for a license for the sale of an anti-freeze to supply a sample thereof for analysis. The division shall have free access by legal means during business hours to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any anti-freeze, and it may open by legal means any box, carton, parcel, or package containing or supposed to contain any anti-freeze and may take therefrom samples for analysis.
The division may make such analyses, inspections, and investigations, and may carry on research and may publish the reports of such analyses, inspections and research for the information of the public.
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 303l - Rules and Regulations Relating to Secs. 303g to 303k

Section 303L. The division may promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of sections three hundred and three G to three hundred and three K, inclusive.
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 303n - Sale of Engine Coolant or Antifreeze Not Containing a Bittering Agent Prohibited

Section 303N. Notwithstanding any general or special law, rule or regulation to the contrary, except as may be otherwise provided in this section, engine coolant or antifreeze containing more than 10 per cent ethylene glycol that is manufactured after January 1, 2011 may not be sold in the commonwealth unless said engine coolant and antifreeze shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent within the product so as to render it unpalatable.
A manufacturer of a product for sale in the commonwealth subject to this section shall maintain a record of the trade name, scientific name and active ingredients of the bittering agent used pursuant to this section, and that information shall be available to the public upon request.
A manufacturer, processor, distributor, recycler or seller of an engine coolant or antifreeze that is required to contain an aversive agent, as described in the first paragraph, shall not be liable for personal injury or death incurred by a resident of the commonwealth, or for any property damage, or damage to the environment, including natural resources, or economic loss that results from the inclusion of denatonium benzoate in the engine coolant or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations described and mandated by the first paragraph. The limitation on liability, as provided in this paragraph, shall not apply to a particular liability to the extent that the cause of that liability is found to be unrelated to the inclusion of denatonium benzoate in the engine coolant or antifreeze.
A city or town, or any subdivision thereof, shall not establish or continue in effect a local ordinance or policy concerning retail containers of engine coolant or antifreeze sold in that city or town, which in any manner shall limit or otherwise prohibit the inclusion of a bittering agent in the engine coolant or antifreeze that is in any way different from, or in addition to, the provisions of this section.
This section shall not prevent the sale of a motor vehicle in the commonwealth where engine coolant or antifreeze may be found in the radiator of the motor vehicle that does not meet the provisions of the first paragraph of this section.
A person who violates this section shall be subject to the penalty set forth in section 303M for each violation.
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 304 - Vendor to Furnish Sample of Drug, Cosmetic or Device, or Article of Food for Analysis; Penalty

Section 304. Whoever offers or exposes for sale or delivers to a purchaser any drug, cosmetic or device, or article of food, shall, upon application of an inspector, analyst or other officer or agent of the department of public health and upon tender of the value thereof, furnish a sample sufficient for the analysis of any such drug, cosmetic, device or article of food which is in his possession. Violation of this section shall be punished by a fine of not less then twenty-five nor more than five hundred 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 305 - Fraud in Packing Commodities Sold by Weight; Penalties

Section 305. Whoever, with intent to defraud or injure, in baling or in packing in any container any commodity sold by weight, including wool, leather, cotton, waste, rags and paper, places therein any substance foreign to the contents thereof shall be punished for the first offence by a fine of not more than one hundred dollars, for the second offence by a fine of not more than two hundred dollars, and for a subsequent offence by a fine of fifty dollars and imprisonment for not less than one nor more than three 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 305a - Improper Manufacture, Preparation, Etc. of Food; Food Defined; Rules and Regulations; Penalties

Section 305A. Unless another penalty is provided under this chapter, whoever for the purpose of sale manufactures, prepares, packs, cans, bottles, keeps, exposes, stores, handles, serves, or distributes in any manner, food in or from an unclean, unsanitary or unhealthful establishment, place or vehicle or under unclean, unsanitary or unhealthful conditions shall be punished for the first offense by a fine of not more than one hundred dollars and for a subsequent offense by a fine of not more than five hundred dollars. For the purposes of this section, the word ''food'' shall mean and include all articles, whether simple, mixed, or compound, used or intended to be used for food or drink, confectionery or condiment, by human beings, except milk and cream. The commissioner of public health may promulgate and adopt such rules and regulations as he may deem necessary for the enforcement of this section. Any person violating any rule or regulation promulgated and adopted hereunder shall be punished for the first offense by a fine of not more than one hundred dollars or for a subsequent offense by a fine of not more than five hundred 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 305b - Medical Examination of Persons Handling Food; Rules and Regulations; Employment of Persons Afflicted With Disease; Food Defined

Section 305B. The commissioner of public health, on his own initiative or at the request of a local board of health, may require any person working in an establishment engaged wholly or in part in the business of producing, manufacturing, processing, storing or offering or exposing for sale any article of food and whose duties actually involve the handling of food during such production, manufacture, processing, storing or offering or exposing for sale, to submit to thorough examination by the department of public health, hereinafter called the department, or by the local board of health, if said commissioner has reason to believe that the examination of such person is necessary for the protection of the public health, to ascertain whether or not he is afflicted with any contagious, infectious or other disease or physical ailment which might render such employment detrimental to the public health, and whether or not, in the opinion of the department, he is a carrier, so called, of such a disease. Such examination shall be made by a physician duly registered and licensed to practice in the commonwealth, and shall be made without charge to the person examined and at the expense of the department or of the local board requesting it. Such examination may include the taking of samples of body fluids, secretions or excretions for examination. Any person so examined may have his physician present at the examination, and, at the request of the person so examined and at his expense, additional samples may be taken for examination at any laboratory approved by the department, but pending the report from the examination of such additional samples the person so examined shall be subject to the rules and regulations of the department made hereunder. The department, and local boards of health within their respective jurisdictions, shall enforce the provisions of this section, and the department may make rules and regulations consistent with said provisions to carry out the purposes thereof. No owner, manager or person in charge of such an establishment shall knowingly require or permit any person who is found upon examination to be afflicted or to be a carrier as aforesaid, or who refuses to submit to such examination, if required so to submit, to continue to work therein in the performance of duties actually involving the handling of food as aforesaid. Whoever violates any provision of this section or of any rule or regulation made thereunder shall be punished by a fine of not less than ten nor more than one hundred dollars. For the purposes of this section, the word ''food'' shall mean and include all articles, whether simple, mixed or compound, used or intended to be used for food or drink, confectionery or condiment, by human beings.
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 305d - Restaurants; Devices or Procedures to Remove Food Lodged in Persons' Throats; Insurance; Tort Immunity

Section 305D. Each restaurant, having a seating capacity of twenty-five persons or more, shall have on its premises a device approved by the department of public health that is designed and intended for use in removing food which may become lodged in a person's throat or each such restaurant shall have on its premises, when food is being served, an employee trained in manual procedures approved by the department of public health to remove food so lodged in a person's throat. The department of public health shall adopt regulations listing all approved devices and manual procedures which it determines may be used effectively to remove food lodged in a person's throat. Each such restaurant shall make adequate provisions for insurance to cover employees trained in rendering such assistance. Any person, or employee of any person who, in good faith, volunteers to remove or attempts to remove such food in an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person or employee in rendering such emergency assistance.
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 305e - Transportation of Bakery Products; Permit

Section 305E. No person shall transport or cause to be transported into the commonwealth any bakery product for the purpose of sale without having obtained a permit from the department of public health. Such permit shall apply to one place of business only. Each permit granted under this section shall expire one year from the date of its issue. The fee for each such permit and for each annual renewal thereof shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven.
Whoever violates the provisions of this section shall be punished by a fine of not less than twenty-five nor more than two hundred dollars. This section shall not apply to common carriers, their agents or servants.
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 306 - General Penalty for Counterfeit or Wrongful Branding or Marking of Articles

Section 306. Unless another penalty is provided in this chapter, whoever counterfeits any brand required by this chapter or whoever without authority marks or brands any article required to be inspected, or marks or brands such article with a counterfeited brand, shall be punished by a fine of not more than two hundred dollars; and whoever alters or defaces any marks or brands made by an inspector of milk or collector of samples of milk under this chapter, unless another penalty is provided, shall be punished by a fine of not more than twenty-five 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 307 - Tobacco Products Contaminated by Fire, Smoke or Water; Possession or Sale; Penalty

Section 307. No person shall deliver, sell, offer for sale or have in possession with intent to sell any cigarettes, cigars, tobacco, pipes or any other implement used for smoking, which may be inserted into the mouth or nostrils, which have been contaminated by fire, smoke or water resulting from fire or flood, without authority to so do from the division of food and drugs of the department of public health. Whoever violates the provision of this section shall be punished by a fine of not less than two hundred nor more than five hundred dollars, or by imprisonment for not 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 307a - Single Unpackaged Cigarettes; Sale or Possession; Penalty

Section 307A. No person shall sell, offer for sale or have in possession with intent to sell single unpackaged cigarettes. Whoever violates the provision of this section shall be punished by a fine of not less than two hundred nor more than five hundred 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 307b - Manufacture of Tobacco Products; Annual Reports Including Added Constituents and Nicotine Yield Ratings; Disclosure; Exclusions

Section 307B. For the purpose of protecting the public health, any manufacturer of cigarettes, snuff or chewing tobacco sold in the commonwealth shall provide the department of public health with an annual report, in a form and at a time specified by that department, which lists for each brand of such product sold the following information:
(a) The identity of any added constituent other than tobacco, water or reconstituted tobacco sheet made wholly from tobacco, to be listed in descending order according to weight, measure, or numerical count; and
(b) The nicotine yield ratings, which shall accurately predict nicotine intake for average consumers, based on standards to be established by the department of public health.
The nicotine yield ratings so provided, and any other such information in the annual reports with respect to which the department determines that there is a reasonable scientific basis for concluding that the availability of such information could reduce risks to public health, shall be public records; provided, however, that before any public disclosure of such information the department shall request the advice of the attorney general whether such disclosure would constitute an unconstitutional taking of property, and shall not disclose such information unless and until the attorney general advises that such disclosure would not constitute an unconstitutional taking.
This section shall not require a manufacturer, in its report to the department or otherwise, to identify or disclose the specific amount of any ingredient that has been approved by the Food and Drug Administration, Public Health Service, United States Department of Health and Human Services (''FDA''), or its successor agency, as safe when burned and inhaled or that has been designated by the FDA, or its successor agency, as generally recognized as safe when burned and inhaled, according to the Generally Recognized As Safe list of the FDA.
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 307c - Tobacco Products; Regulations for the Prevention of Sale or Delivery to Persons Under 21 Years of Age

Section 307C. The department of public health may, in consultation with the attorney general and the department of revenue, establish regulations for persons engaged in the sale or shipment of a tobacco product, as defined in section 6 of chapter 270, to prevent the sale or delivery of tobacco products to a person under 21 years of age.
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 308 - Definitions Applicable to Secs. 308 to 312

Section 308. In this section and sections three hundred and nine to three hundred and twelve, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:—
''Vending machine'', any self-service device offered for public use which, upon insertion of a coin, coins, token, paper currency, or by other means, dispenses servings of food or beverage, either in bulk or in package.
''Machine location'', a room, enclosure, space, area or building where a vending machine is installed or operated.
''Commissary'', a catering establishment, restaurant, or any other place in which food, beverage and ingredients are processed or prepared and from which vending machines are serviced.
''Commissioner'', the commissioner of public health.
''Operator'', any person who by contract, agreement or ownership is responsible for furnishing, installing, servicing, operating or maintaining a vending machine.
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 309 - License for Operation of Vending Machine; Necessity; Application; Issuance; Display; Fees

Section 309. No person shall engage in the operation of a vending machine without a license issued by the commissioner.
Any person desiring to operate a vending machine shall make application for a license to the commissioner on a form to be provided by him. The application shall state whether the applicant is an individual, firm, partnership or corporation; the name and address of the applicant, and if the applicant is a partnership, the name and address of each partner; the address of the applicant's principal place of business, and of each commissary servicing his vending machines; and it shall be signed by the applicant or applicants.
The commissioner after compliance by the operator with the applicable provisions of this chapter and upon receipt of the appropriate fee shall issue a license to operate a vending machine. Such license shall not be transferable. A label, of a size and style approved by the commissioner, bearing the operator's license number, shall be conspicuously displayed at each machine location.
The annual fees for licenses to operate vending machines shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
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 310 - List of Locations Wherein Vending Machines Are Operated; Inspection of Premises

Section 310. Each licensee shall keep a list of all locations within the commonwealth wherein vending machines are operated by him and of all commissaries servicing such vending machines. Such information shall be available to the commissioner upon his request.
The commissioner or any authorized agent or employee shall, after proper identification, be permitted to enter, at any reasonable time, any premises wherein vending machines are operated, or any commissary servicing such machines for the purpose of inspecting the same. The licensee shall at the request of the commissioner make provision for the commissioner or any authorized agent or employee to have access, either in company with an employee of the operator or otherwise, to the interior of any vending machine operated by 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 311 - Suspension or Revocation of License to Operate Vending Machine; Notice and Hearing; Reinstatement of License

Section 311. (a) A license to operate a vending machine may be suspended by the commissioner for violation of any provision of this chapter, or may be revoked for serious or repeated violations of any such provision.
(b) Whenever the commissioner finds that an operator has violated any applicable provision of this chapter or that unsanitary or other conditions exist in the operation of any vending machine or commissary, he shall issue a written notice to the operator citing the existence of such condition, specifying the corrective action to be taken, stating that a hearing on such findings shall be given upon the written request of the operator filed within ten days of the receipt of this notice, and advising the operator that unless such violation and condition is corrected within a specified and reasonable period of time his license may be suspended or revoked. When the necessary corrective action has been taken, the operator shall forthwith notify the commissioner who shall cause a new inspection to be made.
(c) After any hearing held under the provisions of this section, the commissioner shall sustain, modify or rescind any notice or order considered in the hearing.
(d) Any operator whose license has been suspended, may at any time make application for the reinstatement of the license. Within ten days after the receipt of a written application, accompanied by, or including, a statement signed by the operator to the effect that the conditions responsible for such suspension have been corrected and no longer exist, the commissioner shall cause a new inspection to be made. If the inspection satisfies the commissioner that the applicant is again complying with applicable provisions of law, the commissioner shall reinstate the license.
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 312 - Food, Beverage and Ingredients Processed and Prepared Outside Commonwealth for Sale in Vending Machines Within Commonwealth; Conditions for Sale

Section 312. Food, beverage and ingredients processed and prepared in commissaries outside the commonwealth may be sold in a vending machine within the commonwealth, if such commissaries conform to the provisions of law governing commissaries within the commonwealth, provided that the operator of said vending machine is licensed under the provisions of section three hundred and nine.
To determine the extent of compliance with such provisions, the commissioner may accept reports from the responsible authority in such jurisdictions outside the commonwealth where such commissaries are located.
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 313 - Penalties for Violation of Secs. 308 to 312

Section 313. Whoever violates any provision of sections three hundred and eight to three hundred and twelve, inclusive, or who continues to operate a vending machine after his license has been suspended or revoked, shall be punished for the first offense by a fine of not more than one hundred dollars and for a subsequent offense by a fine of not more than five hundred 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 314 - Definitions Applicable to Secs. 315 to 318

Section 314. As used in sections three hundred and fifteen through three hundred and eighteen, inclusive, the following words and phrases shall, unless the context otherwise requires, have the following meanings:—
''Appliance'', an air conditioner, refrigerator, freezer or refrigerator-freezer which is not used or secondhand;
''Class of appliances'', all appliances performing similar functions;
''Consumer'', a person who purchases an appliance for use by himself or others and not for resale as a new appliance;
''Deputy director'', the deputy director of standards;
''Director'', the director of consumer affairs and business regulation;
''Subclass of appliances'', those appliances within a class of appliances which are determined by the secretary to be comparable in size, capacity or capability.
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 315 - Display, Offer for Sale, or Sale of Certain Appliances Prohibited

Section 315. No person shall display for sale to consumers or for promotional purposes an appliance required by the director to be labelled under the provisions of section three hundred and sixteen unless said appliance prominently bears a label complying with said provisions, and no person shall sell or offer for sale an appliance whose sale has been suspended under the provisions of section three hundred and seventeen.
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 316 - Labeling of Appliances; Regulations; Information; Form, Etc.

Section 316. The director may, in accordance with the provisions of chapter thirty A, adopt and amend regulations which require that each appliance in a class or subclass of appliances which is displayed for sale or for promotional purposes bear a label. The same regulations shall apply to each appliance in any subclass of appliances. The director may require said label to contain any or all of the following information, in such form as he may prescribe:— (1) the cost in dollars or units of energy or both of operating the appliance during a year or any part of said year as determined under section three hundred and seventeen; (2) any numerical measure of efficiency which accurately reflects the relative efficiencies of all appliances within a class or subclass; and (3) a brief description of testing and computation procedures used to determine the above information.
The director shall prescribe the form of such labels and may establish procedures for their production, distribution and use, except that he may not require that any label be produced, distributed or affixed outside the commonwealth.
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 317 - Standardized Computation and Testing Procedures; Reports

Section 317. The director may, in accordance with the provisions of chapter thirty A, adopt regulations for standardized computation procedures to be used to determine the information described in section three hundred and sixteen. The same computation procedures shall apply to each appliance in any subclass of appliances. Such procedures may provide for the computation of a range of annual energy costs as well as a single figure. The director may apply such computation procedures to any subclass of appliances for which there is available accurate and recent information concerning the efficiency of at least eighty per cent of the appliances in said subclass that are sold in the commonwealth. The director may prescribe standardized testing procedures for any appliances from such a subclass for which such information is not available. The same testing procedures shall apply to each such appliance in any subclass of appliances. He may require the deputy director or manufacturers, distributors or importers to test such appliances in accordance with said standardized testing procedures and to report the results to him in such manner and within such time as he shall determine.
If a manufacturer, distributor, or importer fails to report such test results as required by the director or if such results are determined by the deputy director to be false or misleading, the director may order the suspension of sales of the affected appliance within not fewer than five days. Any person aggrieved by such order may demand a hearing concerning such order, which hearing shall be conducted by the director or his designee within forty-five days of such demand in accordance with the provisions of chapter thirty A. If the director finds that the test results were not false or misleading, he shall rescind the order immediately. If a manufacturer, distributor, or importer reports to the director new test results which the director determines to be correct and complete, the director shall rescind the order within fourteen days from receipt of such report.
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 318 - Penalties for Violation of Secs. 315 and 317

Section 318. Whoever knowingly violates the provisions of section three hundred and fifteen shall be punished for each offense by a fine of not more than five hundred dollars. Whoever knowingly provides false or misleading information required under the provisions of section three hundred and seventeen shall be punished for each offense by a fine of not less than one thousand dollars nor more than ten thousand dollars, or imprisonment for not more than one year, or both.
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 319 - Construction of Malt Beverage or Soft Drink Metal Containers

Section 319. No person shall distribute, sell, or offer for sale any malt beverage or carbonated soft drink for consumption within the commonwealth in a metal can so constructed that in order to open the can a part may be moved which, by design, is not intended to remain attached to the open can. Whoever violates the provisions of this section shall be punished by a fine of not more than one hundred 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 320 - Ownership of Dies, Molds or Forms; Transfer of Title

Section 320. For the purposes of this section, the following words shall have the following meanings:—
''Customer'', any individual or entity who causes a molder to fabricate, cast, or otherwise make a die, mold, engraving plate, original art, pattern or form or who causes a molder to use a die, mold, form, engraving plate, original art or pattern to manufacture, assemble, print upon or otherwise make a plastic product or products.
''Molder'', any individual or entity, including, but not limited to, a tool or die maker, who fabricates, casts or otherwise makes a die, mold, form, engraving plate, original art or pattern to produce a plastic product or who uses a die, mold, form, engraving plate, original art or pattern to manufacture, assemble, print upon or otherwise make a plastic product.
Unless otherwise agreed to in writing, if a customer does not take possession from a molder of a die, mold, or form located in the commonwealth within three years following the last prior use thereof, all of the customer's rights, title, and interest to such die, mold, or form may be transferred to said molder, at the option of said molder for the purpose of destroying such die, mold or form, consistent with the provisions of this section; provided, however, that if said molder chooses to have all rights, title, and interest to any die, mold, or form transferred to said molder, the said molder shall send written notice by registered mail, return receipt requested, to its customer at the address, if any, indicated in the agreement pursuant to which the molder obtained possession of the die, mold, or form and to the customer's last known address indicating that the molder intends to terminate all of the customer's rights, title, and interest and transfer the same to said molder pursuant to the provisions of this section. If a customer does not take possession of the particular die, mold, or form within one hundred twenty days following the date the molder receives the return receipt of such notice, or does not make other contractual arrangements with the molder for taking possession or for the storage thereof, all rights, title, and interest of the customer shall pass to the molder and said molder shall then be entitled to destroy the particular die, mold, or form without liability to the customer, except that this section shall not be construed in any manner to affect the right of the customer under federal patent or copyright law, or any state or federal law, pertaining to unfair competition.
This section shall not apply to a molder who retains title to and possession of a die, mold, or form. Nothing in this section shall be construed to grant a customer any rights, title, or interest to a die, mold or form.