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 321 - Definitions Applicable to Secs. 321 to 327

Section 321. In sections three hundred and twenty-one to three hundred and twenty-seven, inclusive, the following definitions shall, unless the context clearly requires otherwise, have the following meaning:
''Beverage'', soda water or similar carbonated soft drinks, mineral water, and beer and other malt beverages, but shall not include alcoholic beverages other than beer and malt beverages as defined in chapter one hundred and thirty-eight, dairy products, natural fruit juices or wine.
''Beverage container'', any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage. This definition shall not include containers made of biodegradeable material.
''Bottler'', any person filling beverage containers for sale to distributors or dealers, including dealers who bottle or sell their own brand of beverage.
''Consumer'', any person who purchases a beverage in a beverage container for use or consumption with no intent to resell such beverage.
''Dealer'', any person, including any operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the commonwealth.
''Distributor'', any person who engages in the sale of beverages in beverage containers to dealers in the commonwealth including any bottler who engages in such sales.
''Label'', a molded imprint or raised symbol on or near the bottom of a plastic product.
''Plastic'', any material made of polymeric organic compounds and additives that can be shaped by flow.
''Plastic bottle'', a plastic container that has a neck that is smaller than the body of the container, accepts a screwtype, snap cap or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.
''Rigid plastic container'', any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.
''Reuseable beverage container'', any beverage container so constructed and designed that it is structurally capable of being refilled and resold by a bottler at least ten times after its initial use.
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 322 - Beverage Container Refund Value; Exemption

Section 322. Every beverage container sold or offered for sale in the commonwealth shall have a refund value of not less than five cents. The provisions of this section shall not apply to such containers sold by a distributor for use by a common carrier in the conduct of interstate passenger service.
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 323a - Distribution or Sale of Plastic Bottles or Rigid Plastic Containers; Labeling Requirements

Section 323A. No person shall distribute, sell or offer for sale any plastic bottle or rigid plastic container, or any product in such a bottle or container, unless such product bottle or container is labeled with a code indicating the plastic resin used to produce the bottle or container. Plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. Such code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:
(a) ''1'' - PETE (polyethylene terephthalate);
(b) ''2'' - HDPE (high density polyethylene);
(c) ''3'' - V (vinyl);
(d) ''4'' - LDPE (low density polyethylene);
(e) ''5'' - PP (polypropylene)
(f) ''6'' - PS (polystyrene);
(g) ''7'' - OTHER (includes multi-layer).
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 323b - Reports by Bottlers and Distributors of Transactions Affecting Deposit Transaction Fund

Section 323B. Every bottler or distributor shall report to the commissioner of revenue by the tenth day of each month, concerning transactions affecting its Deposit Transaction Fund in the preceding month. Such report shall be made in a form prescribed by said commissioner and shall include the number of non-reusable beverage containers sold and the number of non-reusable beverage containers returned in said month, the amount of deposits received in and payments made from said fund in said month and the most recent three-month period, any income earned on amounts in the Deposit Transaction Fund during said preceding month, the balance in said Deposit Transaction Fund at the close of said preceding month, and such other information as said commissioner may require in furtherance of his duties pursuant to this chapter.
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 323c - Abandoned Deposit Amounts; Determination

Section 323C. At the end of each month, any amounts that are or should be in a bottler's or distributor's Deposit Transaction Fund and that are in excess of the sum of (a) income earned on amounts in said account during that month and (b) the total amount of refund values received by said bottler or distributor for non-reusable beverage containers during that month and the two preceding months shall be deemed to constitute abandoned deposit amounts. Income earned on said fund may be transferred from said fund for use as funds of the bottler or distributor.
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 323d - Transfer of Abandoned Deposit Amounts

Section 323D. By the tenth day of each month, each bottler or distributor shall turn over to the commissioner of revenue any deposit amounts deemed to be abandoned at the close of the preceding month, pursuant to section three hundred and twenty-three C. Such amounts may be paid from the Deposit Transaction Fund. Amounts collected by the commissioner of revenue pursuant to this section shall be deposited in the Clean Environment Fund, established pursuant to section three hundred and twenty-three F.
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 323e - Reimbursements to Bottlers or Distributors

Section 323E. If in any month the authorized payments from the Deposit Transaction Fund by a bottler or distributor pursuant to paragraph (h) of section three hundred and twenty-three exceed the funds that are or should be in its Deposit Transaction Fund, the commonwealth shall reimburse said bottler or distributor, from amounts received pursuant to section three hundred and twenty-three D, for those refunds paid by the bottler or distributor for non-reusable beverage containers for which the funds that are or should be in its Deposit Transaction Fund are insufficient; provided, however, that such reimbursements to a bottler or distributor for a month shall not exceed the excess of (a) amounts paid by said bottler or distributor to the commonwealth pursuant to said section three hundred and twenty-three D in the preceding twenty-four months over (b) amounts paid by the commonwealth to said bottler or distributor pursuant to this section during said twenty-four 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 324 - Container Holding or Connecting Devices; Break Down by Bacteria or Light

Section 324. No dealer shall sell or offer for sale in the commonwealth containers connected to each other by a separate holding device constructed of plastic rings or any other device or material which cannot be broken down by bacteria and or by light into constituent parts.
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 325 - Beverage Container Refund Value; Statement on Container; Vending Machines

Section 325. (a) Every beverage container, except permanently labelled reusable glass containers, imported into, or offered for sale in the commonwealth by a bottler, distributor, or dealer shall clearly indicate in at least eight point type, by embossing or by stamp, or by label, or other method securely affixed to any portion except the bottom of the beverage container, the refund value of the container. A permanently labelled reusable glass beverage container first imported into, or offered for sale in the commonwealth after the effective date of this act by a bottler, distributor, or dealer shall clearly indicate in at least eight point type, by embossing or by stamp, or by label, or other method securely affixed to any portion except the bottom of the permanently labelled reusable glass beverage container, that the container may be returned for deposit. A dealer, distributor, redemption center, or bottler, may refuse to accept from any person any empty beverage container, except a permanently labelled reusable glass beverage container, which does not state thereon a refund value and may refuse to accept any permanently labelled reusable glass beverage container which does not state thereon that the container may be returned for deposit.
(b) Every operator of a vending machine which sells beverages in beverage containers shall post a conspicuous notice on each vending machine indicating that a refund of not less than five cents is available on each beverage container purchased and where and from whom that refund may be obtained. The provisions of this paragraph shall not be construed to require such vending machine operators to provide refunds at the premises wherein such vending machines 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 326 - Administration of Provisions Relating to Bottlers and Distributors; Rules and Regulations

Section 326. The secretary of environmental affairs shall administer the provisions of sections three hundred and twenty-one, three hundred and twenty-two, paragraphs (a) to (f), inclusive, of section three hundred and twenty-three, three hundred and twenty-three F, three hundred and twenty-four and three hundred and twenty-five. Said secretary shall promulgate and from time to time revise rules and regulations to effectuate the purposes of said sections.
The commissioner of revenue shall administer the provisions of paragraphs (g) and (h) of said section three hundred and twenty-three and sections three hundred and twenty-three B to three hundred and twenty-three E, inclusive. The collection of revenues pursuant to section three hundred and twenty-three D by said commissioner shall, to the extent consistent with this chapter, be governed by the provisions of chapter sixty-two C.
The commissioner of revenue shall promulgate and from time to time revise rules and regulations to effectuate the purposes of said sections. Said rules and regulations shall include a provision to permit bottlers or distributors to borrow, without any interest charge, against their deposit transaction funds subject to such terms and conditions as the commissioner deems appropriate.
Said secretary shall determine through rules and regulations which plastic bottles and rigid plastic containers may be exempt from the labeling requirements of section three hundred and twenty-three A, including but not limited to the following:
(1) readily identifiable plastic bottles and rigid plastic containers;
(2) plastic bottles and rigid plastic containers for which there is no technological capability for recycling, reclamation or reuse; and
(3) plastic bottles and rigid plastic containers for which recycling, reclamation or reuse is not economically feasible.
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 327 - Enforcement of Provisions Relating to Bottlers and Distributors; Penalty; Interest

Section 327. The attorney general and district attorneys shall enforce the provisions of sections three hundred and twenty-one to three hundred and twenty-seven, inclusive. Any bottler, distributor, redemption center or dealer who violates any provisions of sections three hundred and twenty-one to three hundred and twenty-six, inclusive, shall be subject to a civil penalty for each violation of not more than one thousand dollars.
Any bottler or distributor failing to make full and timely payments as required by section three hundred and twenty-three D shall pay interest on any unpaid amounts at the rate of one and one-half percent for each month or part thereof until payment is made in full; provided, however, that any person, including a bottler, distributor, redemption center or dealer, who violates the provisions of paragraph (i) of section three hundred and twenty-three shall be subject to a civil penalty of the greater of one hundred dollars for each container or twenty-five thousand dollars for each tender of containers.
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 328 - Food Donations; Distribution, Service and Preparation; Civil Liability

Section 328. No person who donates food, including open-dated food whose date has passed, to a nonprofit corporation for distribution or serving by such nonprofit corporation without charge or at a charge sufficient only to cover the cost of handling such food, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of donation such food is not misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health; and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the donor or any person employed by or under the control of the donor.
No nonprofit corporation shall distribute or serve food from any establishment unless that corporation has been inspected and is in compliance with all inspection or permit requirements of the department and board of health in the city or town in which food is to be distributed or served; provided, however, that no fee shall be charged for any such permit issued to such corporation.
No nonprofit corporation which distributes or serves food without charge or at a charge sufficient only to cover the cost of handling such food, including open-dated food whose date has passed, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of distribution or serving such food is not misbranded or adulterated or has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health, and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the nonprofit corporation or any person employed by or under the control of the nonprofit corporation.
The preparation of food in private homes for donation to a nonprofit corporation for distribution or serving by such corporation without charge or at a charge sufficient to cover the cost of handling such food shall not be subject to licensure or regulation. The department of public health shall provide advisory guidelines and interpretations for the safe and sanitary preparation of such food.
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 328a - Potluck Events; Exemption From Regulation by Department of Public Health or Local Board of Health

Section 328A. For the purposes of this section, ''potluck event'' shall mean an event that meets all of the following conditions: (1) people are gathered to share food at the event; (2) there is no compensation provided to people for bringing food to the event; (3) the event is not conducted for commercial purposes; and (4) the participants at the event shall be informed that neither the food nor the facilities have been inspected by the state or a local public health department.
Notwithstanding any general or special law to the contrary, neither the department of public health nor any local board of health shall regulate the serving of food that is brought to a potluck event sponsored by a group of individuals or by a religious, charitable or nonprofit organization by individuals attending the potluck event for consumption at the potluck event. Individuals who are not members of the group or organization sponsoring the potluck event may attend the potluck event and consume the food at the event. A business establishment dealing in the sale of food items shall not sponsor a potluck event. Potluck event food shall not be brought into the kitchen of a business establishment dealing in the sale of food.
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 329 - Sale, Possession or Use of Lacquer Sealer Prohibited; Penalties

Section 329. (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:—
''Commercial wood floor finishing operation'', the sanding of wood floors and the application of a floor finishing product, thereby altering the wood surface for purposes that are directly or indirectly connected with any business or other undertaking intended for profit.
''Floor finishing product'', any substance formulated, marketed or otherwise intended for use to seal or coat wood with a protective finish by a floor finishing operation.
''Lacquer sealer'', a clear or pigmented wood finish, formulated with nitrocellulose or synthetic resins to dry by evaporation and without chemical reaction, having a flashpoint below 100 degrees Fahrenheit, including clear lacquer sanding sealers.
(b) No manufacturer, wholesale dealer, agent or person shall sell, keep, offer for sale, or have in his possession or under his control a lacquer sealer for any commercial wood floor finishing operation. Whoever violates this subsection shall be punished by a fine of not less than $2,500 and, for a second or subsequent violation, by a fine of not less than $5,000 or by imprisonment in the house of correction for not more than 1 year or by both such fine and imprisonment.
(c) No person, co-partnership, corporation or association that engages in the business of applying a penetrating sealant or liquid coating to the surface of a wood floor shall use a lacquer sealer while engaged in a commercial wood floor finishing operation. Whoever violates this subsection shall be punished by a fine of not less than $2,500 and, for a second or subsequent violation, by a fine of not less than $5,000 or by imprisonment in the house of correction for not more than 1 year or by both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 2 - Powers and Duties of Commissioner

Section 2. No provision of this chapter conferring a general power upon the commissioner shall be deemed to be impaired or qualified by the granting to the commissioner of any specific power or powers. Nothing in this chapter shall be construed to empower or authorize the adoption and enforcement of any public health rule or regulation by the commissioner.
The commissioner shall have the following powers and duties, in addition to any others granted to him by any provision of this chapter:
(1) To designate and establish as markets the several natural milk marketing areas of the commonwealth; to supervise and regulate the milk industry of the commonwealth, including the production, purchase, receipt, sale, payment and distribution of milk within the commonwealth and the control of unreasonable and burdensome surplus of milk in any market coming from either within or without the commonwealth; to prescribe such regulations as shall tend (
a
) equitably to apportion the total value of the milk purchased or received by any dealer, or by all dealers in any market, among the producers delivering to such dealer or dealers, on the basis of their marketings of milk during a prior representative period, and (
b
) to encourage the production of a regular, continuous and adequate supply for such market or markets of fresh fluid milk conforming to law; and to promote programs designed to increase the consumption of milk;
(2) To investigate and regulate, as conditions permit and the purposes of this chapter require, all matters pertaining to markets, to the production, manufacture, processing, storage, transportation, disposal, distribution and sale of milk within the commonwealth, and to the establishment and maintenance of reasonable trade practices relative to milk;
(3) The commissioner may, after examination and investigation, and after hearing held after due notice, adopt all orders, rules and regulations, not inconsistent with law, which he deems necessary or desirable to administer or effectuate any of the purposes of this chapter. In the administration and enforcement of this section, said commissioner may appoint and consult and advise with representative committees and groups in the milk industry, which persons shall serve voluntarily and without compensation;
(4) To act as mediator and arbitrator in any controversy or issue among or between producers and milk dealers either as individuals or as groups, associations or corporations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 4 - Licensing of Milk Dealers; Exception; Licenses for Schools, Hospitals and Charitable Institutions

Section 4. (a) No milk dealer, except as provided in subsection (b), shall within the commonwealth buy or receive milk from producers or others, or sell or distribute milk, or pasteurize, bottle, package or otherwise process milk for sale, unless he is duly licensed as provided in this chapter, and no milk dealer shall buy milk from or sell milk to another milk dealer who, being required to be licensed, is not so licensed, or in any way deal in or handle milk which he has reason to believe has previously been dealt in or handled in violation of any provision of this chapter, or of any order, rule or regulation made thereunder.
(b) The commissioner, provided he shall first determine that such action will not adversely affect market conditions relative to milk, may by its order exempt from the operation of all or any portion of this chapter any milk dealer who purchases milk only from a licensed milk dealer, and whose only sales of milk are at a store.
(c) Licenses required by this chapter shall be in addition to any other license required by law.
(d) Any school, hospital, infirmary or other like charitable institution, located within the commonwealth and wholly supported by funds of the United States or of the commonwealth, or of any county, city, town or legally organized district within the commonwealth, and which purchases or receives from producers raw milk delivered in containers holding not less than twenty quarts each, and, on the premises of said institution, pasteurizes or otherwise processes the same for consumption on said premises, or uses the same in the manufacture of milk products for use or consumption on said premises, or proposes so to do, may make application, in the manner provided in section five, for a milk dealer license, which the commissioner is hereby authorized to grant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 5 - Application for License; Contents; Renewals; Display

Section 5. Each person, before engaging in business as a milk dealer, shall make application to the commissioner for a license hereunder, which the commissioner is hereby authorized to grant. Such application shall state the nature of the business to be conducted, the name and principal business address in the commonwealth of the applicant, and, if a firm or association, the name and address of each member thereof, or if a corporation, the names and addresses of all officers and directors thereof, and the name of each municipality in which business is to be conducted, and such other facts with respect to the business of the applicant as may be required by the commissioner. Licenses issued hereunder shall expire twelve months from the effective date of said license. Any licensee whose application for renewal is made on or before the fifteenth day prior to the expiration date may continue to engage in the milk business pending the action of the commissioner on such application. Every application for a license made by a person other than a licensee shall be acted upon by the commissioner within thirty days after his receipt thereof. Every license issued under any provision of this chapter shall state that it is subject to this chapter and the original license or a certified copy thereof shall be conspicuously displayed by the licensee in each place of business conducted by him in this commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 7 - Hearing; Delivery and Return of Revoked or Cancelled License

Section 7. (a) Before declining to grant a license of any type, or suspending or revoking a license, the commissioner shall hold a hearing and grant the applicant or licensee an opportunity to be heard in person or by attorney. A duly attested copy of the order of the commissioner upon such hearing shall be served upon the applicant or the licensee in the manner provided by section nineteen.
(b) Any licensee whose license has been revoked or cancelled shall upon notice thereof forthwith deliver and return said license to the commissioner or to any authorized representative of the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 8 - Appeal by Applicant or Licensee of Decision of Commissioner; Jurisdiction of Superior Court

Section 8. An applicant or licensee aggrieved by any decision of the commissioner may appeal therefrom by filing a petition in the superior court within twenty days after notice of such decision has been given under section nineteen. Upon such appeal, said court may revise or reverse such decision if such action, in its opinion, is warranted by the evidence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 9 - Annual License Fee

Section 9. Each milk dealer required to be licensed under this chapter shall pay an annual license fee, as determined annually by the commissioner of administration under the provision of section three B of chapter seven, which shall accompany his application for license; provided, however, that each store, as defined in section one of this chapter, shall be issued a license which shall expire thirty-six months from the effective date of said license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 10 - Prices, Terms and Conditions Relative to Milk; Investigations; Hearings; Matters Considered; Minimum Prices

Section 10. The commissioner shall ascertain, by such examination or investigation as the situation may permit or warrant, and after a general public hearing held after due notice, what prices, terms and conditions relative to milk in the several localities and markets in the commonwealth, under the varying conditions therein, will be most beneficial to the public interest and will best protect the milk industry.
In every such examination or investigation and hearing, the commissioner shall take into consideration all the conditions affecting the milk industry, including the amount necessary to yield a reasonable return to the producer and to the milk dealer. In establishing minimum prices for milk under this chapter the commissioner shall cause said prices to be fair, just and reasonable, and, to accomplish that end, shall take into consideration and be guided by costs of production, hauling, handling, processing, storage, distribution and other cost factors involved in the production and marketing of milk, including compliance with all sanitary regulations, and shall consider the balance between the supply of milk and the consumption of the same, the purchasing power of consumers as evidenced by available indices of income and general business and industrial activity, and other economic conditions affecting the milk supply and demand for milk and shall consider the prices for milk in the different markets of the commonwealth which will best protect the milk industry in the commonwealth and insure a supply of pure, fresh milk adequate to cover consumer needs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 11 - Orders Fixing Minimum Prices to Producers and Consumers; Application of Orders; Rules and Regulations

Section 11. (a) The commissioner, after making an examination and investigation authorized by this chapter and after hearing held after due notice, shall by his order fix the minimum prices paid by milk dealers to other milk dealers, and to producers and consumers for milk received, purchased, stored, manufactured, processed, sold, distributed or otherwise handled within the commonwealth and the terms and conditions under and times at which such prices are to be paid.
(b) Orders relative to such minimum prices shall apply to the locality in which the milk in question is produced or to the market in which such milk is sold, or to both, and may vary in different localities or markets according to the varying and differing conditions therein. Any such order may classify such milk by such forms, classes, grades or uses as the commissioner may deem advisable and may specify the minimum prices therefor, and may require that producers of milk purchased or received under such provisions shall be paid for all such milk on the basis of the class, grade or use in which it is ultimately sold by milk dealers.
(c) Each such order may provide rules and regulations for the sharing of the value of milk sold, used or disposed of in each class, grade or use, between milk dealers who are also producers, and the producers from whom milk is received or purchased by such dealers, in proportion, to their respective deliveries of milk.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 12a - Payment Less Than Minimum Price; Recovery; Assignment of Claim

Section 12A. If any producer is paid by a milk dealer less than the minimum price for the sale or delivery of milk, as fixed by official order or orders of the commissioner, such producer may recover in a civil action against such milk dealer the full amount that would have been due him for such milk at the minimum price as so fixed, less the amount actually paid him for said milk, together with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between such producer and such milk dealer to sell or deliver milk for less than such minimum price shall be no defence to such action. At the written request of any such producer paid less than the minimum price for such sale or delivery of milk to which such producer is entitled under the provisions of the official order or orders of the commissioner, the commissioner may take an assignment of such claim in trust for the assigning producer and may bring an action to collect such claim, and such milk dealer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner shall not be required to pay any entry fee in connection with any such court action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 14a - Contracts for the Supplying of Milk for Use in Institutions Supported by Funds of the Commonwealth; Invitations to Bid and Bidding Procedures; Reports; Tests

Section 14A. Each institution supported in whole or in part by funds of the commonwealth or any political subdivision thereof, shall furnish to the commissioner, upon issue, a copy of each invitation to bid and all related specifications prepared for the purpose of soliciting proposals to supply milk for use in such institution and shall within ten days following the award of a contract for such milk supply, inform the commissioner by letter showing the name and address of and proposals submitted by each milk dealer responding to such invitation and identifying the supplier to whom the contract was awarded. The commissioner shall analyze and evaluate the above required information in relation to applicable laws, rules and regulations and shall prepare such reports thereon as he deems appropriate for distribution, upon request, to other agencies and departments of the commonwealth and other subsidiaries thereof.
If a contract so awarded provides for supplying milk containing a greater percentage of milk fat or milk solids, not fat, or both, than the minimum percentages prescribed by section twelve of chapter ninety-four, the commissioner or his agent shall, from time to time during the life of such contract, take representative samples of such milk and test the same, or cause them to be tested, in an approved laboratory by officially recognized methods of analysis to determine the milkfat and milk solids not fat content thereof. The results of such tests shall be reported to the awarding institution and, if the same indicate any violation of said section twelve, to the commissioner of public health. If, in the course of sampling and testing as above described, the commissioner or his agent has reason to believe that the net quantity of milk per container is less than the quantity required to be disclosed pursuant to section one hundred and eighty-one of said chapter ninety-four, the awarding institution and the director of standards shall be so advised.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 15 - Sale by Co-Operative Associations; Statement of Deductions

Section 15. (a) No sale of milk by a co-operative association to a milk dealer in any market shall be made at less than the applicable minimum prices, terms and conditions of sale as set forth in the orders of the commissioner for milk bought directly from producers who are nonmembers of a co-operative association.
(b) When the net return to be made for milk by a co-operative association to its members is below the net applicable return for milk as fixed by the orders of the commissioner for a nonmember of a co-operative association, said co-operative association shall submit in writing to the commission a full and complete statement in detail, setting forth the amount of the deductions which have been made from the fixed minimum prices of the commissioner and, in addition, a detailed statement of such deductions shall accompany every such payment to the member.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 16 - Examinations; Investigations; General or Special Hearings; Opportunity to Appear and Be Heard; Evidence

Section 16. (a) The commissioner or his authorized agent, may hold any examination or investigation, or any general or special hearing required or authorized under this chapter, at such places and at such times as the commissioner deems necessary for the proper administration of this chapter.
(b) Before adopting, altering or rescinding any general order, rule or regulation, the commissioner shall hold a general hearing upon the subject matter thereof, and afford all persons interested an opportunity to offer evidence pertinent thereto.
(c) Before declining to grant a license, or granting a conditional or limited license, or suspending or revoking a license, or adopting any other special order, rule or regulation applying only to one or more persons named therein, the commissioner shall hold a special hearing, and afford to the applicant or licensee, or such person or persons, opportunity to appear and be heard with respect thereto.
Each such applicant, milk dealer or person may be so heard in person or by attorney, and may offer evidence pertinent to the subject of the hearing, and to that end may request the commissioner to exercise its powers with respect to the compulsory attendance of witnesses and the production of books and records.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 17 - Time of Notice of Hearings, Orders, Rules and Regulations

Section 17. (a) Seven days at least before any general hearing, the commissioner shall cause a notice containing a brief but sufficient statement of the subject matter of such hearing to be published as provided in subsection (a) of section nineteen.
(b) Three days at least before any general order, rule or regulation adopted by the commissioner shall become effective, such order shall be published as provided in subsection (a) of section nineteen.
(c) Three days at least before any special hearing, the commissioner shall cause a notice containing a brief but sufficient statement of the acts, facts or circumstances alleged to constitute reason for denial, suspension or revocation of license, or for adoption of any other special order, rule or regulation applying only to one or more persons named therein, and specifying the time and place of such hearing, to be served upon the applicant, licensee or other person or persons concerned, in a manner provided in subsection (c) of section nineteen.
(d) Three days at least before any special order, rule or regulation applying only to one or more persons named therein shall become effective, such order, rule or regulation shall be served on such person or persons in a manner provided in subsection (c) of section nineteen.
(e) Except as otherwise expressly provided, three days' notice shall constitute reasonable notice of any action by, or in any proceedings had before, the commissioner. In computing a period of notice required or authorized under this chapter, Sundays and legal holidays shall be excluded.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 18 - Attendance and Testimony of Witnesses; Production of Books and Records; Administration of Oaths; Subpoenas; Excuse From Attendance; Witness Fees

Section 18. (a) The commissioner may compel the attendance and testimony of witnesses and the production of books and records or any other evidence that relates to the subject matter of any examination, investigation or hearing held under authority of this chapter or of similar provisions of earlier law. The commissioner, the chief, or any hearing agent designated by the commissioner, or any employee designated by the commissioner as clerk, may administer oaths to any witness at any examination, investigation or hearing held under authority of the chapter or of similar provisions of earlier law. Any subpoena issued by the commissioner may require such attendance of witnesses and the production of evidence from any place within the commonwealth, at any designated place of hearing, and may be served in any manner provided in subsection (c) of section nineteen.
(b) In case of contumacy or refusal to obey a subpoena issued to any person, the superior court, upon application by the commissioner, shall have jurisdiction to issue an order requiring such person to appear before the commissioner or his agent to produce evidence, if so ordered, or to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(c) No person shall be excused from attending and testifying or from producing books and records or other evidence in obedience to the subpoena of the commissioner, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(d) Witnesses summoned before the commissioner or his agent, shall be paid the same fees and mileage as witnesses before the courts, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 21 - Review; Jurisdiction of Superior Court; Injunction; Declaratory Judgment

Section 21. Any person aggrieved by any order, rule or regulation adopted by, or other decision of, the commissioner may, by petition filed within twenty days after the publication or service of such order, rule, regulation or decision, obtain a review by the superior court of the proceedings of the commissioner on which such order, rule, regulation or decision was based. A copy of such petition, attested by the clerk of the court, shall be forthwith served upon the commissioner. The petitioner shall file in the court a transcript of the entire record in the proceedings, certified by the commissioner, including the notice, the testimony received and the findings and order or decision of the commissioner. The order, rule, regulation or decision of the commissioner shall be reviewed in accordance with the standards for review provided in paragraph (7) of section fourteen of chapter thirty A. No objection not urged before the commissioner shall be considered in review. The court may, in its discretion, remit the record to the commissioner for the correction of errors or for the taking of additional evidence. Prior to the entry of a decree of revision or reversal, no order shall be made to stay or supersede any order, rule, regulation or decision of the commissioner, nor shall any court in any proceeding restrain or enjoin the commissioner or restrain or enjoin enforcement of an order, rule, regulation or decision adopted by the commissioner, except after a hearing of which the commissioner shall have received not less than two days' notice in writing.
Notwithstanding other provisions of this section, a person aggrieved by the adoption of a regulation as defined in clause (5) of section one of chapter thirty A may elect alternative judicial review of such regulation through a proceeding for declaratory relief in the same manner and to the extent provided under chapter two hundred and thirty-one A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 22 - Penalties; Report of Violation; Investigation; Action; Injunction

Section 22. Whoever violates any provision of this chapter or of any effective rule, regulation or order of the commissioner made under this chapter or adopted by the former milk control board under any similar provision of earlier law, except as herein otherwise expressly provided, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year, or both, and such fine may be imposed for each day during which such violation shall continue. A violation of any provision of this chapter or of any effective rule, regulation or order so made or adopted may be reported by any person to the commissioner, who shall investigate such complaint and may institute such action at law or in equity in any court of competent jurisdiction as may be necessary to enforce compliance with any provision of this chapter or of any effective rule, regulation or order so made or adopted, and, in addition to any other remedy, may seek relief by injunction, if in the opinion of the commissioner it is necessary to protect the public interest, without being compelled to allege or prove that an adequate remedy at law does not exist.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 22a - Construction and Enforcement of Chapter; Acts or Omissions of Officers or Agents Acting for Principal

Section 22A. When construing and enforcing the provisions of this chapter, the act, omission or failure of any officer, agent or other person acting for or employed by any individual, corporation, company, society or association within the scope of his employment or office, shall in each case be also deemed to be the act, omission or failure of such individual, corporation, company, society or association, as well as that of the officer, agent or other person acting for or employed by him or it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94a - Milk Control › Section 23 - Agreements, Licenses, Rules, Regulations or Orders in Conflict With Federal Law

Section 23. When any agreement, license, rule, regulation or order made or issued pursuant to any relevant federal law shall be in effect in any market or geographical area within the commonwealth, any provision of this chapter, inconsistent or in conflict with such agreement, license, rule, regulation or order, shall not apply to such market or area; but, subject to the foregoing, this chapter shall be in effect throughout the commonwealth, including every such market and area.