reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 18 - Permits, Approvals, Certificates and Licenses; Ocean Development Mitigation Fee

Section 18. All departments, divisions, commissions, or units of the executive office of energy and environmental affairs and other affected agencies or departments of the commonwealth shall issue permits or licenses for activities or conduct their activities consistently with the act, and shall not permit or conduct any activity which is contrary to the provisions of the Act. Except as provided by sections 16G to 16K, inclusive, the Act shall not require any additional permits from the office, but other departments, divisions, commissions, units, or other agencies shall confer and consult with the office to ensure compliance with the Act. The attorney general or the appropriate state agency shall take such action as may be necessary from time to time to enforce the provisions of the Act, and the superior court shall have jurisdiction to enforce the provisions thereof. The department shall establish regulations to the extent needed for the proper administration of the act and to preserve and protect the appearance, ecology and marine resources of the waters of the sanctuary and meet the water quality standards and goals of the federal Clean Water Act and Massachusetts Clean Waters Act.
Any permit, approval, certificate or license issued by a department, division, commission, or unit of the executive office of energy and environmental affairs and other affected agencies or departments of the commonwealth for activities or conduct consistent with this chapter shall be subject to an ocean development mitigation fee as shall be established by the secretary of energy and environmental affairs; provided, however, that no fee shall be assessed on commercial and recreational fishing permits or licenses or on department permits or approvals of new or modified discharges of wastewater from POTWs. All the proceeds of the ocean development mitigation fee shall be deposited in the Ocean Resources and Waterways Trust Fund established pursuant to section 35HH of chapter 10.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 1 - Title; Purpose

Section 1. This chapter shall be known and may be cited as the Massachusetts Pesticide Control Act.
The purpose of this chapter is to conform the laws of the commonwealth to the Federal Insecticide, Fungicide, and Rodenticide Act, Public Law 92–516, as amended, and the regulations promulgated thereunder and to establish a regulatory process in the commonwealth. The exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides in the commonwealth shall be determined by this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 3 - Pesticide Board

Section 3. There shall be within the department of food and agriculture a pesticide board which shall consist of the commissioner of environmental protection or his designee, the commissioner of food and agriculture or his designee, the director of the division of food and drugs or his designee, the commissioner of fisheries, wildlife and recreational vehicles or his designee, the commissioner of environmental management or his designee, the commissioner of public health or his designee, and seven persons appointed by the governor one of whom shall have been engaged in the commercial production of a plant-related agricultural commodity for at least the preceding five years on land owned or rented by him, one of whom shall have been an active commercial applicator of pesticides for at least the preceding five years, one of whom shall have expertise in the health effects of pesticide use, one of whom shall be a physician, one of whom shall be experienced in the conservation and protection of the environment, and two of whom shall represent the public at large. The commissioner of food and agriculture or his designee shall be chairman of the board.
The appointive members of the board shall receive fifty dollars for each day or portion thereof spent in the discharge of their official duties and shall be reimbursed for their necessary expenses incurred in the discharge of their official duties. Each appointive member shall be appointed for a term of four years, except for persons appointed to fill vacancies who shall serve for the unexpired term. Any member shall be eligible for reappointment.
The board shall hold an annual meeting in March, and regularly at three other times annually, and from time to time at the call of the chairman or upon the request of any two members.
Seven members of the board shall constitute a quorum. The board may, by vote of a majority of its members then in office, adopt rules and regulations for the conduct of its business. Rules and regulations adopted may be amended or repealed by a two-thirds vote of its members.
The board in addition to other powers conferred in this chapter shall advise the commissioner of food and agriculture with respect to the implementation and administration of this chapter.
The pesticides program director established by section four shall attend meetings of the board, shall serve as secretary thereto, but shall have no vote in its deliberation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 3a - Pesticide Board Subcommittee

Section 3A. A subcommittee of the pesticide board shall be established and shall be charged with the responsibility of registering all pesticides for use in the commonwealth pursuant to section seven. Said subcommittee shall also be responsible for issuing all experimental use permits pursuant to section eight. Said subcommittee shall consist of five members, the director of the division of food and drugs, who shall act as chairman, the commissioner of the department of agricultural resources or his designee, the commissioner of the department of conservation and recreation or his designee, the commissioner of public health or his designee, and one person appointed by the governor, who shall have been actively engaged in commercial application of pesticides for at least the preceding five years who shall be a member of the pesticide board. Any person aggrieved by the decision of said subcommittee may appeal any such decision according to the provisions of section thirteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 4 - Programs Director

Section 4. The pesticide regulatory functions conferred upon the department under the provisions of this chapter shall be under the administrative supervision of a pesticide programs director who shall be qualified by training and experience to perform such duties. Said director shall be appointed by the commissioner with the approval of the board for a term of five years. Said person shall be eligible for reappointment, but may be removed by the commissioner for cause. The position of director shall not be subject to the provisions of chapter thirty-one or the provisions of section nine A of chapter thirty. If an employee serving in a position which is classified under chapter thirty-one or in which he has tenure by reason of section nine A of chapter thirty shall be appointed director, he shall upon termination of his service as director be restored to the position which he held immediately prior to such appointment or to a position equivalent thereto in salary grade in the same state department; provided, however, that his service in such unclassified position shall be determined by the civil service commission in administering chapter thirty-one. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement, or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, the person so appointed from a position in the classified service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 5 - Powers and Duties of Department

Section 5. The department with the approval of the board may cooperate and enter into cooperative agreements and contracts with appropriate federal agencies, the agencies of other states, interstate agencies, other agencies of the commonwealth or its political subdivisions, or private or nonprofit organizations in matters related to the purposes of this chapter or FIFRA, and may receive from and dispense to such agencies such funds as may be available for the purposes of this chapter and FIFRA.
The department with the approval of the board shall take all action necessary or appropriate to secure for the commonwealth the benefits of FIFRA and other pertinent federal legislation.
The department with the approval of the board and subject to the provisions of chapter thirty A may from time to time adopt, amend or repeal such forms, regulations and standards as it deems necessary for the implementation and administration of this chapter.
The department with the approval of the board shall by regulation establish and formulate procedures whereby the advice or relevant advisory councils shall be sought incident to the development of policy or the adoption, amendment or repeal of regulations related to the administration of this chapter.
The department may with the approval of the board declare such pests and devices as it deems necessary to be subject to the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 5a - Reduction of Pesticide Use; Annual Report

Section 5A. The department shall promote the use of biologic controls, integrated pest management, sustainable agriculture and other alternate pest control methods through education, technical assistance and research in order to reduce or eliminate, whenever possible, human or environmental exposures to chemical pesticides. Said department shall submit an annual report to the clerks of the senate and the house of representatives and the joint committee on natural resources and agriculture describing the efforts taken and the progress made toward reducing pesticide use, furthering the use of integrated pest management and other alternate pest control methods in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6 - Prohibited Distributions, Etc.

Section 6. No person shall distribute a pesticide not registered pursuant to the provisions of section seven. This prohibition shall not apply to the transfer of a pesticide from one plant or warehouse to another plant or warehouse and used solely at such plant or warehouse as a constituent part to make a pesticide which is or will be registered pursuant to the provisions of this act; or the distribution of a pesticide pursuant to the provisions of an experimental use permit issued under section eight.
No person shall distribute a pesticide classified by the department as being for restricted use to a person not appropriately certified to use that pesticide. This prohibition shall not apply to the distribution of a pesticide to a competent individual acting under the direct supervision of an individual appropriately certified to use that pesticide.
No person shall distribute a pesticide that is adulterated or misbranded or a device that is misbranded.
No person shall distribute any pesticide unless it is in the registrant's or the producer's unbroken, unopened, and sealed container. This prohibition shall not apply to the repackaging of pesticides because of damage in transit.
No person shall distribute any pesticide that does not conform to any requirement of its registration or permit.
No person shall distribute any pesticide in containers that are unsafe due to damage or design.
No person shall detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this chapter or in regulations adopted thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this chapter or regulations adopted thereunder.
No person shall distribute, handle, dispose of, discard, or store any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects, to cause damage to the environment, or to pollute or contaminate any water supply, waterway, groundwater or waterbody.
No person shall act in the capacity of, or advertise as, or assume to act as a licensed pesticide dealer unless that person is in possession of a currently valid license issued by the department pursuant to the provisions of section nine. No person possessing a pesticide dealer license shall violate or allow to be violated any term, condition, restriction or provision of said license.
No person shall purchase or use a pesticide that is not registered by the department under the provisions of section seven; provided, however, that this prohibition shall not apply to the use of a pesticide consistent with the terms of an experimental use permit issued by the department under the provisions of section eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6a - Prohibited Activities

Section 6A. No person shall use a registered pesticide in a manner that is inconsistent with its labeling or other restrictions imposed by the department. No person shall use a pesticide which is the subject of an experimental use permit inconsistently with the terms and conditions of said permit.
No individual certified, licensed or permitted as a pesticide applicator shall violate any provision, condition, term or restriction of his certification, license or permit.
No person shall use a pesticide that has been classified by the department as being for restricted use unless he is an appropriately certified private applicator, an appropriately certified commercial applicator, or a competent individual acting under the direct supervision of an appropriately certified applicator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6c - Pesticide Use at Schools, Child Care Centers or School Age Child Care Programs; Standard Written Notification

Section 6C. (a) Pesticides shall not be sprayed, released, deposited or applied indoors while children are on the property of a school, child care center or school age child care program, except for those pesticides listed in section 6F.
(b) Pesticides shall not be sprayed, released, deposited or applied on the outdoor property of a school, child care center or school age child care program while children are located in, on, or adjacent to the area of the pesticide application.
(c) (1) Whenever pesticides are to be sprayed, released, deposited or applied outdoors at a school, child care center or school age child care program, the school administration, child care center operator or school age child care program operator shall ensure that employees, pupils or supervised children and their parents or guardians receive standard written notification, as defined in section 2, at least two working days before pesticides are sprayed, released, deposited or applied, provided that such spraying, release, deposit or application of pesticides shall not commence prior to the approximate dates set forth on the standard written notification, and shall not conclude more than 72 hours after such approximate dates.
(2) Such notification policy shall apply at all times except during periods when classes are not scheduled for at least five consecutive days after the spraying, release, deposit or application or when child care or school age child care facilities are not scheduled to be open for at least five consecutive days after the spraying, release, deposit or application.
(3) Information to be included in the standard written notification shall be provided to the school administration, child care center operator, or school age child care program operator by the certified commercial applicator, certified private applicator, or licensed applicator, or the contractor, employers or employees responsible for carrying out the pesticide spraying, release, deposit or application. Larval mosquito control applications using pesticides classified as category four pesticides by the United States Environmental Protection Agency, as applied by mosquito control projects under chapter 252, are exempt from the notification requirements of this section. This section shall not apply to any use of an anti-microbial pesticide as defined in section 2.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6d - Posting of Standard Written Notification of Pesticide Use at Schools, Child Care Centers and School Age Child Care Programs

Section 6D. Each school administration, child care center operator, or school age child care program operator shall ensure that standard written notification is posted in a common area of its facility at least two working days before the outdoor spraying, release, deposit or application of a pesticide and for at least 72 hours following the spraying, release, deposit or application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter in accordance with regulations to be promulgated by the department governing indoor and outdoor spraying, release, deposit or application of pesticides at schools, child care centers and school age child care programs. Larval mosquito control applications using pesticides classified as category four pesticides by the United States Environmental Protection Agency, as applied by mosquito control projects under chapter 252, are exempt from the notification requirements of this section. This section shall not apply to any use of an anti-microbial pesticide as defined in section 2.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6e - Integrated Pest Management Plans

Section 6E. (a) On or before November 1, 2001, each school, child care center and school age child care program in the commonwealth shall adopt and implement, in accordance with any regulations promulgated by the department pursuant to this chapter, an integrated pest management plan. The plan shall cover both indoor and outdoor areas. The department shall produce a generic integrated pest management plan that may be adopted by any school, child care center or school age child care program. One copy of the plan adopted by the school, child care center or school age child care program shall be filed with the department, and at least one additional copy shall be kept on site and made available to the public upon request pursuant to section 10 of chapter 66. Every agency of the commonwealth shall develop and implement integrated pest management plans and procedures for all buildings and grounds owned or managed by the commonwealth.
(b) No person shall spray, release, deposit or apply or supervise the spraying, release, deposit or application of any pesticide in, on, or around structures or grounds of a school, child care center or school age child care program unless that person is a certified commercial applicator, certified private applicator, licensed applicator, or permitted catch basin applicator, or is under the supervision of a certified commercial applicator, certified private applicator or licensed applicator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6f - Pesticide Products Eligible for Use Indoors at Schools, Child Care Centers and School Age Child Care Programs

Section 6F. Beginning November 1, 2001, pesticide products eligible for use indoors on the facility grounds of any school, child care center or school age child care program shall be limited to the following:
(a) Anti-microbial pesticides;
(b) Rodenticides placed in tamper resistant bait stations or placed in areas inaccessible to children and the general public;
(c) Ready-to-use dust, powder or gel formulations of insecticide applied in areas inaccessible to children and the general public;
(d) Insecticidal baits placed in tamper resistant bait stations or in areas inaccessible to children and the general public;
(e) Termiticides used only in the presence of an active termite infestation and when non-chemical pesticide alternatives have been determined to be ineffective; and
(f) Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6g - Pesticide Products Eligible for Outdoor Use at Schools, Child Care Centers and School Age Child Care Programs

Section 6G. Beginning November 1, 2001, pesticide products eligible for use on the outdoor grounds of any school, child care center or school age child care program shall be limited to the following:
(a) pesticides used in accordance with the facility's integrated pest management plan filed with the department and maintained on site;
(b) pesticides other than those classified as known, likely or probable human carcinogens by the United States Environmental Protection Agency, or equivalently categorized by the department, except as provided for in section 6H;
(c) pesticide products that do not contain inert ingredients categorized as ''List 1: Inerts of Toxicological Concern'' or any equivalent categorization by the United States Environmental Protection Agency; and
(d) pesticides that are applied for reasons other than purely aesthetic purposes, except that any municipality, city or town may allow the use of pesticide products for purely aesthetic purposes on the outdoor grounds of any school, child care center or school age child care program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6h - Emergency Situations at Schools, Child Care Centers and School Age Child Care Programs; Single-Use Waivers for Pesticides

Section 6H. (a) If a school official or an operator of a child care center or school age child care program determines that a human health emergency warrants the use of a pesticide not otherwise allowed under this chapter, or warrants its use sooner than two days after providing the required standard written notification, such official or operator may apply for a single-use waiver from the appropriate municipal board of health or agent or director of public health or the department.
(b) The department or appropriate municipal board of health or agent or director of public health shall determine if such a waiver is warranted based on the following criteria:
(1) whether the pest situation poses an immediate threat to human health; and
(2) whether no viable alternatives to the use of chemical pesticides exist.
As a condition of approval, the appropriate municipal board of health or agent or director of public health or the department shall require a commitment from the school official or operator of a child care center or school age child care program that the underlying causes of the pest outbreak will be identified and addressed in order to prevent future outbreaks.
(c) In such an emergency situation, the school official or operator of a child care center or school age child care program shall ensure that conspicuous warning signs are posted near the site of the spraying, release, deposit or application prior to, and for at least 72 hours after the spraying, release, deposit or application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter in accordance with regulations to be promulgated by the department governing indoor and outdoor spraying, release, deposit or application of pesticides at schools, day care centers and school age child care programs. In such an emergency situation, the school official or operator of a child care center or school age child care program shall also ensure that standard written notification is provided to employees, pupils or supervised children and their parents or guardians immediately prior to or, if necessary, immediately following the emergency spraying, release, deposit or application. A record of the emergency event, including the identification of the cause and the actions taken to address it, shall be maintained as a part of the records required under section 6
%.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6i - Written or Electronic Records of Pesticide Use at Schools, Child Care Centers and School Age Child Care Programs

Section 6I. A written or electronic record of any and all chemical pesticide spraying, release, deposit or application made at a school, child care center or school age child care program in the commonwealth shall be maintained on site for a period of not less than five years, and shall be made available to the public upon request pursuant to section 10 of chapter 66.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 6j - Pesticide Use as Part of Supervised Training Programs at Vocational, Technical and Agricultural Schools

Section 6J. Notwithstanding any other provisions of this chapter, sections 6C to 6I, inclusive, shall not apply to the spraying, release, deposit or application of any pesticide made as a part of a supervised training program at any of the state-aided and approved vocational-technical or agricultural schools in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 8 - Experimental Use Permits

Section 8. Any person may apply to the subcommittee for an experimental use permit for a pesticide. Each applicant for an experimental use permit shall file with the department an application providing thereon such information as the department may require. Each applicant for an experimental use permit shall pay such registration fee, not to exceed twenty-five dollars, as the department may by regulation require.
The subcommittee may grant an experimental use permit to an applicant therefor if it determines that the applicant needs such a permit to accumulate information necessary to register a pesticide.
The subcommittee shall refuse to grant an experimental use permit if it believes that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment, or if it believes that the applicant or person to conduct the experimentation is not competent to conduct such experimentation without causing unreasonable adverse effects on the environment.
The subcommittee shall revoke any experimental use permit, at any time, if it believes that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable effects on the environment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 9 - Dealers' Licenses

Section 9. A person may apply to the department to be a licensed pesticide dealer. Said applicants shall submit to the department a statement supplying such information thereon as the department may require. An applicant for such a license shall pay such registration fee, not to exceed twenty-five dollars, as the department may by regulation require, for each principal distribution center, branch outlet, or direct sales representative of an out-of-state distributor.
In the event that any person files with the department an application to renew a pesticide dealer's license which is in effect on the date of application for renewal and pays the appropriate fee therewith, such license shall be deemed to be in effect until the earlier of the following two events shall occur: ninety days have elapsed after the license was scheduled to expire; or the department notifies the applicant for renewal that the license has been renewed, modified or denied.
The department shall grant a pesticide dealer's license for a term not to exceed one year. The department shall grant such licenses subject to such terms, conditions and restrictions as it deems necessary or appropriate.
The department shall refuse to grant a pesticide dealer's license if it finds that the proposed distributor or his agent has acted in a manner inconsistent with the purposes for requirements of this chapter or FIFRA.
The department shall revoke any pesticide dealer's license, at any time, if it finds that its terms, conditions or restrictions are being violated or are inadequate to avoid unreasonable adverse effects on the environment.
As part of its determination to refuse to grant, or to revoke, a pesticide dealer's license the department may specify a period, not to exceed two years, within which the applicant may not reapply for a pesticide dealer's license. In the event that the department has specified a period for nonapplication, the department may later, at its discretion, shorten or waive such period.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 11 - Protection of Health and Environment; Regulations

Section 11. The department shall by regulation establish such restrictions and prohibitions upon the disposal and storage of pesticides, packages and containers of pesticides, and materials used in the testing or application of pesticides as it deems necessary to protect health and the environment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 12 - Hazards; Adverse Environmental Effects; Departmental Orders; Violations

Section 12. Whenever it appears to the department that there is an imminent hazard, or a potential threat of unreasonable adverse effect on the environment, or a violation or a potential violation of any provision of this chapter or of any license, certification, permit, order, registration or regulation issued or adopted thereunder, the department may issue to such persons as it deems necessary an order requiring the production of samples and records, or an order imposing restraints on or requiring such action, as it deems necessary. Issuance of an order under this section shall not preclude and shall not be deemed an election to forego any action to recover for damages to interests of the commonwealth or, under section fourteen of this act, for civil penalties or for criminal fines and penalties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 13 - Adjudicatory Hearings

Section 13. Any person aggrieved by a determination by the department to register or not to register a pesticide, to suspend a pesticide registration, to issue, not issue or revoke an experimental use permit, to issue, deny, revoke or suspend any certification, license or permit, or to issue an order, made under the provisions of this chapter, may request an adjudicatory hearing before the board under the provisions of chapter thirty A. Said determination shall contain a notice of a right to request a hearing and may specify a time limit, not to exceed twenty-one days, within which said persons may request a hearing before the board under the provisions of said chapter thirty A. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the board shall within a reasonable time hold a hearing and comply with the provisions of said chapter thirty A. In hearings so held the board shall designate a hearing officer to preside over the hearing, to assemble an official record thereof, and to render a tentative decision as provided in paragraph (7) of section eleven of said chapter thirty A. The board shall make the final decision on the basis of the official record and tentative decision so rendered.
If, in making a determination which under the provisions of the preceding paragraph may be the subject of an adjudicatory hearing, the department finds that an imminent hazard or an unreasonable adverse effect on the environment could result pending the conclusion of the adjudicatory hearing requested thereon, the department may order that the determination shall become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of any adjudicatory hearing procedures timely requested. In the event that the department has thus made a determination provisionally effective, it may later, at its discretion, shorten the duration of or waive such order.
As part of a final decision in an adjudicatory proceeding held under the provisions of this section, the board may specify a reasonable time period within which the matter may be barred from further proceedings before the department or the board. In the event that the board has so specified a time period, the board may later, at its discretion, shorten or waive such period.
A person aggrieved by a final adjudicatory determination of the board may obtain judicial review thereof pursuant to the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 14 - Violations; Penalties; Injunctions

Section 14. Any person who knowingly violates any provision of section six shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment, for each such violation, or shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. Each day of violation shall constitute a separate offense.
Any person who violates any provision of section 6A to 6I, inclusive, or section 7A or who violates any regulation adopted under the provisions of this chapter, (a) shall be punished by a fine of not more than one thousand dollars, or imprisonment for not more than six months, or both such fine and imprisonment, for the second and each subsequent offense knowingly committed, or (b), shall be subject to a civil penalty not to exceed ten thousand dollars for any offense, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. Each day of violation shall constitute a separate offense.
Any person who violates any order issued under the provisions of this chapter, (a) shall be punished by a fine of not more than twenty-five thousand dollars or imprisonment for not more than two years, or both such fine and imprisonment, for each violation knowingly committed, or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. Each day of violation shall constitute a separate offense.
The superior court shall have jurisdiction to enjoin violations of, or grant such relief as it deems necessary or appropriate to secure compliance with, any provision of this chapter or the terms of an order, license, certification, registration, permit or regulation issued or adopted thereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 14a - Civil Administrative Penalties; Adjudicatory Hearings

Section 14A. (a) Notwithstanding this chapter, the department may assess a civil administrative penalty, not to exceed $1,000 per violation, on any person who violates this chapter or any regulations promulgated pursuant to this chapter; provided, however, that such penalty shall not be assessed within a 1–year period until after that person has received 1 warning for the same violation from the department. Each day a violation continues shall constitute a separate violation.
(b) The remedies provided in this section shall be available in addition to any other penalties or remedies provided by law or equity. The department may adopt and promulgate regulations to effectuate the purposes of this section.
(c) This penalty shall be assessed in addition to any other civil penalty otherwise provided for by law. Notice of assessment of a penalty pursuant to this section shall be made by service in hand, or by certified mail, return receipt requested, and shall state the amount of the administrative penalty, the date the penalty shall be due, a statement of the violator's right to an adjudicatory hearing pursuant to chapter 30A regarding the assessment, a statement of the actions the person may take in order to avoid assessment of additional penalties or to avoid waiving the right to a hearing relative to the penalty and the manner of acceptable payment if an election to waive a hearing is made.
A person shall be deemed to have waived all right to an adjudicatory hearing unless, within 21 days of the date of the department's notice, the person files a written notice, by hand or by certified mail, return receipt requested, requesting such adjudicatory hearing. In the event that such request is not received in accordance with this section, the proposed administrative penalty shall become final and payment shall be due in accordance with the notice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 15 - Departmental Personnel, Agents and Inspectors; Powers; Evidence; Confidential Information

Section 15. For the purpose of administering the provisions of this chapter, personnel or agents of the department and its inspectors shall have access and entry at reasonable times to any premises pursuant to a search warrant duly issued by a court of competent jurisdiction, provided that no sample of a pesticide obtained in the course of such inspection and no result of any analysis or test of any such sample shall be received in evidence in any criminal proceeding under this chapter unless the sample shall have been taken and the analysis or test conducted by a chemist in the agricultural extension service of the University of Massachusetts authorized by the department. Personnel or agents of the department may take such samples as are reasonably necessary to accomplish the purpose of their investigation and inspection. Any information relating to secret processes, methods of manufacture, production or use obtained in the course of such inspection shall be kept confidential upon request, when not required to be disclosed incident to the enforcement of this chapter. This section shall not be construed to abrogate any of the powers and duties, as defined by general or special law or common law, of any agency or political subdivision of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132b - Massachusetts Pesticide Control Act › Section 16 - Children and Families Protection Fund

Section 16. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Children and Families Protection Fund. There shall be credited to the fund any penalties collected for violations of sections 6C to 6I, inclusive, and any income derived from the investment of amounts credited to the fund. Amounts credited to the fund shall be used, subject to appropriation, for the implementation and enforcement of said sections 6C to 6I.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 133 - Disposition of Old and Infirm Animals › Section 1 - Application to Kill Old, Diseased or Injured Animals; Service of Application Upon Owner; Hearing; Notice; Petition for Damages Assessment

Section 1. Any officer or agent of any society incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals, provided he is also a special state police officer appointed under section fifty-seven of chapter twenty-two C, or a constable, sheriff or deputy sheriff, or a police officer of any town, may take possession of any old, maimed, disabled, diseased or injured animal and apply to a district court, within whose district the animal is taken, for process to cause it to be killed humanely. If the owner is known, and can after reasonable search be found, a copy of such application shall be served upon him in hand with an order of court to appear at a time and place named to show cause why such animal should not be killed and its value determined. If he is unknown, or cannot after reasonable search be found, the court shall order notices to be posted in two public places in the town where the animal was taken, stating the facts of the case, and giving twenty-four hours' notice of a hearing on said application. At such hearing, if it appears that such animal is so old, maimed, disabled, diseased or injured as to be unfit for humane use, the court shall issue process directing any officer designated herein to kill the same humanely, and shall determine its value. If the owner is aggrieved by such determination he may petition the superior court for the assessment of his damages under chapter seventy-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 133 - Disposition of Old and Infirm Animals › Section 2 - Value of Animals Taken; Payment

Section 2. The value or damages, if any, determined under the preceding section, and the reasonable costs and expenses incurred by said officer and approved by the court, shall be paid by the society whose officer or agent made the application for process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 133 - Disposition of Old and Infirm Animals › Section 3 - Value of Diseased Animal

Section 3. If the animal taken possession of as aforesaid has any infectious or contagious disease, or, for any reason, might lawfully be destroyed as an abatement of a public nuisance, that fact shall be prima facie evidence that the animal has no value.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 133 - Disposition of Old and Infirm Animals › Section 4 - Disposition of Disabled or Diseased Horses Owned by Cities or Towns

Section 4. Whenever any horses used in any department of any town shall, by reason of disability or disease, become unfit for use therein, the officer in charge of such department, in cities with the approval of the mayor, and in towns with the approval of the selectmen, instead of causing such horses to be sold, may transfer them to the custody of the Red Acre Farm, Incorporated, or any charitable society incorporated in the commonwealth for the prevention of cruelty to animals, or for the care and protection of dumb animals, if the society is willing to accept the custody thereof, to be disposed of as the society may deem best; provided, that the society upon receiving any such horse shall give a written agreement not to sell the horse or let the same for hire. If any horse so received shall thereafter be sold or let for hire, the proceeds of such sale or letting shall be the property of the town, and custody of the horse shall revert thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 134 - Lost Goods and Stray Beasts › Section 1 - Report of Lost Money or Goods by Finder

Section 1. Any person who finds lost money or goods of the value of three dollars or more, the owner of which is unknown, shall within two days report the finding thereof to the officer in charge at a police station in the town where said property was found, or, if there is no police station, post notice thereof in two public places therein, or, instead of such report or posting, cause notice thereof to be advertised in a newspaper published therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 134 - Lost Goods and Stray Beasts › Section 2 - Stray Beasts; Report of Finding

Section 2. Except as otherwise provided in chapter one hundred and thirty-three, any person who takes up a stray beast shall report, post or advertise the finding thereof, in the manner provided in the preceding section, giving a description of the color and the natural and artificial marks of such beast; otherwise he shall not be entitled to compensation for any expenses which he may incur relative thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 134 - Lost Goods and Stray Beasts › Section 3 - Restitution of Property

Section 3. If, within three months after the finding of stray beasts, or within one year after the finding of lost money or goods, the owner appears and, except as otherwise provided in section two, pays all reasonable expenses incurred by the finder in keeping such goods or beasts and in complying with this chapter, he shall have restitution of the money, goods or beasts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 134 - Lost Goods and Stray Beasts › Section 5 - Auction of Stray Beasts; Notice

Section 5. If the owner of stray beasts does not appear within three months after the finding thereof and prove title thereto, the finder may sell them by public auction, first giving notice of such sale, at least four days before the time of sale, in two public places in the town where the beasts were found.