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 10a - Permit Required to Manufacture, Bottle, Sell, Deliver, Etc. Non-Alcoholic Beverages

Section 10A. No person shall engage within the commonwealth in the business of manufacturing or bottling carbonated non-alcoholic beverages or water, both carbonated and noncarbonated, for human consumption without a permit to do so from the board of health of the town wherein such plant is, or is to be, located, and no person engaged without the commonwealth in said business shall sell any such beverage within the commonwealth without a permit from the state department of public health, and no person shall sell or exchange, deliver, advertise, or offer for sale or exchange, or attempt to deliver, or have in his possession with intent to do so, any such beverage unless the manufacturer and bottler thereof is the holder of a permit issued under the authority of section ten B and then in full force.
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 10b - Granting of Permits to Engage in Business of Manufacturing or Bottling of Non-Alcoholic Beverages; Expiration; Renewals; Fees

Section 10B. Local boards of health may grant permits to engage within their respective municipalities in the business of manufacturing or bottling of beverages specified in the preceding section, and the state department of public health may grant permits to the owners of plants for the manufacture or bottling of such beverages located without the commonwealth to sell such beverages within the commonwealth. Such a permit granted by said department shall apply only to one such plant and shall be valid throughout the commonwealth. Each permit granted under this section shall expire one year from the date of its issue. The fee for each such permit and for each annual renewal thereof shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Each local board of health shall pay to the state department of public health, for the use of the commonwealth, one half of the fee collected for each permit granted by it hereunder and shall send to said department a copy of each such permit so granted.
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 10c - Examination of Premises Licensed Under Sec. 10b; Revocation of Permits

Section 10C. The premises of any person granted a permit under section ten B shall, from time to time, be examined by the state department of public health and, if granted by the local board of health, by the board which granted it, and if such premises or the equipment used therein in connection with the business of such person is found to be in an unsanitary condition, or in violation of any provision of the rules and regulations made under section ten E, such permit may be revoked by said department or by the local board of health which granted it, as the case may be, after a hearing, ten days' written notice of which shall be given to such person.
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 10d - Storage, Handling and Transportation of Ingredients Used in Manufacture of Non-Alcoholic Beverages

Section 10D. All materials used in the manufacture of beverages specified in section ten A shall be stored, handled, transported and kept in such a manner as to protect them from spoilage, contamination and unwholesomeness. No ingredient or material, including water, shall be used in the manufacture or bottling of any such beverage which is spoiled or contaminated, or which may render the product unwholesome, unfit for food, or injurious to health. Persons granted permits under section ten B shall comply with sections one hundred and eighty-six to one hundred and ninety-six, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 10d1/2 - Laboratory Testing of Water Contained in Bottled Product

Section 10D1/2. All persons permitted to manufacture, bottle or sell water intended for human consumption under section ten A or ten B shall, at least annually, cause to be tested by a laboratory certified as provided herein, the water contained in their finished bottled water product. If the water source or sources from which such water product is derived is located within the commonwealth, the laboratory performing such tests shall be certified by the department of environmental protection to perform such tests for water quality purposes. If the water source or sources from which such water product is derived is located without the commonwealth, the laboratory performing such tests shall be certified to perform such tests for water quality testing purposes by the appropriate agency within that state or jurisdiction wherein such laboratory is located. The testing for finished bottled water product shall include those physical, chemical, microbiological and radiological test parameters required by the department of environmental protection for the testing of public water supplies. The department of public health in consultation with the department of environmental protection, may, from time to time, require by rule and regulation such additional tests as it deems necessary for the protection of the public health.
The department of public health shall require any person manufacturing, bottling or selling such water to test for physical, chemical and microbiological parameters at least annually. Said department shall require that radiological testing of the finished product be performed at least once every four years. Test results shall be submitted to said department on or before November the first of the year when such tests are required. Said department shall make available to the public, upon request, any test results so submitted upon payment of a reasonable fee to be determined by the department.
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 10e - Rules and Regulations Applicable to Secs. 10a to 10d1/2 and Sec. 10e1/2

Section 10E. The state department of public health and the local boards of health may make rules and regulations to carry out the provisions of sections ten A to ten D1/2, inclusive, and section ten E1/2.
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 10e1/2 - Water Standards and Labeling Requirements for Finished Bottled Water Products

Section 10E1/2. The state department of public health shall establish rules and regulations for water standards and labeling requirements for finished bottled water products which meet, at a minimum, the labeling requirements and quality standards for bottled water products set by the Federal Food and Drug Administration; provided, however, that said department shall by further regulation, establish criteria and standards which would require a label to bear a statement of sodium content per serving of certain bottled water products as determined by the department.
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 10f - Penalties for Violations of Secs. 10a to 10e1/2

Section 10F. Whoever violates any provision of sections ten A to ten E1/2, inclusive, or of any rule or regulation made thereunder, shall be punished for a first offence by a fine of not more than one hundred dollars and for a subsequent offence by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 10h - Enriched Bread and Flour; Manufacture and Sale; Purchase of Unenriched Flour

Section 10H. No person shall manufacture, bake or compound for the purposes of sale, or sell, offer for sale or have in possession with intent to sell in this commonwealth for human consumption, any white bread or rolls unless such bread or rolls conform to the definition of ''enriched bread'' as set forth in section one; and no person shall sell or offer for sale or deliver to any person other than to a wholesale distributor of such flour any flour for human consumption unless such flour conforms to the definition of ''enriched flour'' as set forth in section one; provided, that a manufacturer or wholesale distributor of flour may, upon the written request of a commercial manufacturer or baker of bread or rolls, and in accordance with the regulations of the department of public health, sell and deliver to such manufacturer or baker unenriched flour. Such baker or manufacturer electing to purchase unenriched flour for use in the manufacture of white bread or rolls shall furnish to the department of public health information pertaining to the source of supply of such flour, the quantities purchased, and the method of compliance with the enrichment requirements of this chapter as to white bread and rolls of his manufacture, in accordance with the regulations of said department.
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 10i - Powers of Department of Public Health; Enforcement of Rules and Regulations; Examinations and Investigations

Section 10I. The department of public health shall enforce the provisions of sections ten H and ten K, inclusive, and shall from time to time make, amend or rescind rules and regulations for the enforcement thereof. Said rules and regulations shall include standards and tolerances of enrichment, and shall specify the quantities of the enriching ingredients necessary for compliance with the definitions of ''enriched bread'' and ''enriched flour'', respectively, as set forth in section one, consistent with law and conforming to the standards and tolerances, if any, adopted under the provisions of the federal food, drug and cosmetic act for the enforcement of federal law. Said rules and regulations with respect to labeling requirements as set forth in section ten J shall conform to the labeling requirements, if any, adopted for the enforcement of federal law.
The department of public health and the inspectors appointed under the provisions of chapter one hundred and eleven, section nine, may conduct examinations and investigations and may take samples of flour, white bread or rolls for analysis to determine compliance with the provisions of sections ten H to ten J, inclusive. Said inspectors may enter at any reasonable time any factory, mill, warehouse, shop or establishment where flour, white bread or rolls are manufactured, processed, packed, sold or held, or any vehicle being used for the transportation thereof for the purpose of inspection and investigation for the enforcement of these sections; provided, that nothing in this paragraph shall be deemed to authorize any interference with interstate commerce.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 10j - Labeling With Respect to Enrichment of Flour, Bread or Rolls; Application

Section 10J. No person shall sell or offer for sale or have in possession with intent to sell in this commonwealth for human consumption any flour or wrapped white bread or rolls which meet the requirements of section one and section ten H unless such flour or bread or rolls are labeled with respect to enrichment as provided and set forth in the regulations of said department; provided, that this section shall not apply to white bread or rolls which are sold directly to the consumer by the manufacturer thereof.
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 10k - Penalties for Violations of Secs. 10h to 10j

Section 10K. Whoever violates any provision of sections ten H to ten J, inclusive, or any rule or regulation of the department of public health promulgated thereunder shall be punished by a fine of not more than one hundred dollars for the first offence or by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than three months, or both, for each subsequent offence. The act, omission or failure of an agent or employee shall be deemed to be the act, omission or failure of the person referred to in sections ten H to ten K, inclusive, as defined in section one.
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 11 - Labeling of Baking Power or Mixture or Compound Intended for Use as a Baking Powder; Penalty for Violation

Section 11. Whoever manufactures for sale or offers or exposes for sale or sells any baking powder or mixture or compound intended for use as a baking powder under any name or title whatsoever shall securely affix or cause to be securely affixed to the outside of each box, can or package containing such baking powder or like mixture or compound, a label, distinctly printed in brevier gothic capital letters in the English language, containing the name and residence of the manufacturer and the ingredients of the baking powder, mixture or compound. Whoever violates any provision of this section shall be punished by a fine of not less than ten dollars nor more than one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 12 - Milk and Cream, Definitions, Standards; Rules

Section 12. The term ''milk'' shall mean the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows or goats. The legal minimum standard for cow milk in final package form for beverage use shall be milk which is shown to contain not less than eight and one-quarter per cent milk solids not fat and three and one-quarter per cent milkfat. The legal minimum standard for goat milk in final package form for beverage use shall be milk which is shown to contain not less than seven point five per cent milk solids not fat and not less than two point five per cent milkfat. Milk may be adjusted by separating part of the milkfat therefrom or by adding cream thereto.
The term ''cream'' shall mean the liquid milk product high in fat separated from milk. The Massachusetts legal minimum standard for cream shall be cream which, upon analysis, is shown to contain not less than eighteen per cent milkfat. Cream may be adjusted by adding thereto milk, skim milk and such other milk products as the commissioner of public health may authorize by rule or regulation as hereinafter provided.
The commissioner of public health shall, subject to the provisions of chapter thirty A, adopt and promulgate rules and regulations establishing other legal standards as well as labeling requirements and sanitary standards for milk, cream and products thereof, including foods containing such ingredients, as sold or offered for sale in final package form, and may, in like manner and from time to time, amend, modify or repeal the same. Such rules and regulations shall be consistent with all applicable regulations effective from time to time pursuant to issuance by the Food and Drug Administration, Public Health Service, United States Department of Health, Education and Welfare, or any successor agency with like regulatory powers; provided, that requirement by said commissioner of more stringent bacterial and temperature standards shall not be precluded; and provided, further, that said commissioner may modify the application of said federal regulations to such degree as he may determine to be appropriate where only intrastate commerce in such products is involved. No product standard which has been established hereunder shall be subject separately to the provisions of section one hundred and ninety-two. Any person who violates any rule or regulation duly adopted and promulgated by said commissioner pursuant to this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars for each offence.
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 13 - Rules and Regulations Governing Production, Transportation, Handling, Distribution and Sale, Etc. of Raw Milk for Pasteurization and Raw Products Thereof

Section 13. The commissioner shall, subject to the provisions of chapter thirty A, adopt and promulgate rules and regulations governing the production, transportation, receiving, handling, storage, processing, distribution and sale of raw milk for pasteurization and raw products thereof being shipped or offered for shipment into or within the commonwealth, including all pertinent sanitary standards and uniform minimum requirements for the inspection of dairy farms, milk plants and receiving stations, wherever located, and pasteurization plants located outside the commonwealth, and may, in like manner and from time to time, amend, modify or repeal the same. Such rules and regulations shall be consistent with applicable provisions of the Grade ''A'' Pasteurized Milk Ordinance and related publications of the Food and Drug Administration, Public Health Service, United States Department of Health, Education and Welfare, or any successor agency with like regulatory powers; provided, that requirement by the commissioner of more stringent bacterial and temperature standards shall not be precluded. Any person who violates any rule or regulation duly adopted and promulgated pursuant to this section shall be subject to a fine of not less than twenty-five nor more than one hundred dollars for each offence.
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 13b - State in Which Milk Produced; Statement on Package

Section 13B. Any person selling milk graded as described in the rules and regulations adopted and approved under section twelve, or amended from time to time under authority thereof, in addition to such labelling as may be required, may state upon the package in which such milk is contained the state wherein such milk was produced; provided that all the milk contained in such package so labelled was produced exclusively in one state.
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 13c - Sale of Other Than Established Grades of Milk; Penalty

Section 13C. Except as otherwise provided in section thirteen D, whoever sells or offers for sale any milk of any grade other than one established under authority of section twelve, or labels or sells or offers for sale any milk labelled in imitation of any grade so established, shall be punished by a fine of not more than fifty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 13d - Sale of Milk Not Conforming to Standard Grade; Penalty

Section 13D. Whoever himself or by his servant or agent sells, offers for sale, exchanges or delivers or has in his custody or possession with intent to sell, offer for sale, exchange or deliver any milk designated as any grade established under authority of section twelve, and not conforming to any standard adopted for such grade, or any milk in any city or town, the board of health whereof has adopted under authority of section thirteen E bacterial standards for any grade of milk, and not conforming to such standards, or in any way violates any rule or regulation adopted and approved, or amended, under said section twelve, shall be punished by a fine of not more than fifty dollars; provided, that for a subsequent offence within one year thereafter the punishment shall be by a fine of not less than one hundred nor more than two hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 13e - Bacterial Standards; Milk and Cream Sales and Deliveries

Section 13E. Boards of health of cities and towns may adopt bacterial standards for milk which are numerically less but not greater than such standards as may be established therefor under sections twelve and thirteen. Rules and regulations promulgated under said sections shall not be construed to prevent the exercise by such boards of the powers and duties conferred and imposed upon them by section forty-one nor to prevent the sale of milk the production of which is regulated under authority of sections twenty to twenty-five, inclusive, of chapter one hundred and eighty. This section shall not be deemed to authorize the sale or delivery of milk, cream or products thereof which are not in compliance with applicable rules and regulations established pursuant to said sections twelve and thirteen.
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 16 - Dairy Farm Defined; Applicability to Secs. 16 to 16k

Section 16. For the purposes of sections sixteen to sixteen K, inclusive, the term ''dairy farm'' shall mean a place or premises where more than two cows are kept and a part or all of the milk produced thereof is sold or delivered for sale to any person. Said sections shall not apply to cream complying with the legal minimum standard for cream established by section twelve.
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 16a - Certificate of Registration Required for Sale of Milk Produced on Dairy Farm

Section 16A. Except as provided in section sixteen H, no person shall sell or offer or expose for sale milk produced on a dairy farm, for use or disposal elsewhere than on such farm, unless as to such farm a certificate of registration has been issued by the commissioner under section sixteen C and is in full force and effect; provided, that one who purchases such milk from a dealer registered under section sixteen F and sells or offers or exposes the same for sale shall not be deemed to have violated this section unless he knows or has reasonable ground to know that the same was not produced on a farm as to which such a certificate has been issued.
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 16b - Applications for Registration of Dairy Farms

Section 16B. Applications for the registration of dairy farms under section sixteen C shall be made upon blanks furnished by the commissioner and shall contain, in addition to such other information as may be required by the commissioner, a statement of the name, place of residence and business address of the applicant, the amount of milk produced on his dairy farm during the calendar month last preceding the date of application, the number of dairy cows more than two years of age and the number of heifers less than two years of age kept on said dairy farm during said month, the names and business addresses of dealers, distributors and wholesale purchasers who receive milk from said dairy farm, together with a statement of the estimated amount of milk to be supplied each dealer, distributor and wholesale purchaser during such period as may be designated by the commissioner. Every statement shall be verified by oath or written declaration that it is made under the penalties of perjury.
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 16d - Refusal, Revocation or Suspension of Certificate of Registration for Dairy Farm

Section 16D. A certificate of registration for any dairy farm may be refused, or, if issued, may be suspended or revoked by the commissioner for failure to maintain compliance with the rules and regulations established pursuant to section thirteen; provided, that the commissioner may, in his discretion, allow the parties concerned a period of not more than thirty days in which to achieve such compliance; and provided, further, that, if compliance is not so achieved, the operator of the dairy farm involved shall be entitled to a hearing before the commissioner, or a person designated by him, prior to the final refusal, suspension or revocation of such certificate, such hearing to be held after reasonable notice specifying the day, hour and place thereof and accompanied by a statement of the alleged failure to comply, or the reasons for such refusal, suspension or revocation.
A certificate of registration which has been suspended shall be plainly stamped:—''Suspended until ___ (date)''; and the operator of the dairy farm involved may make written application to the commissioner for reinspection at the expiration of the period of suspension. A certificate of registration which has been revoked shall be plainly stamped:—''Revoked''; and the operator of the dairy farm involved may make written application to the commissioner for reinspection only after a period of one year from the date of revocation has elapsed. Immediate notice of suspension or revocation of a certificate of registration shall be given by the commissioner to each dealer, receiving station or plant handling milk produced on the dairy farm involved, and to the board of health of each city or town where such milk is sold, offered or exposed for sale. In case of emergency, directly and immediately threatening the public, the commissioner of public health may suspend a certificate of registration, and shall notify the commissioner forthwith of any such suspension. The provisions of this section, when pertinent, shall apply to temporary certificates of registration issued under sections sixteen G and sixteen H.
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 16e - Monthly Statements

Section 16E. Producers of milk whose dairy farms are registered hereunder shall submit upon a form furnished by the commissioner at such other times as he may request a complete statement for any one calendar month, the same to be made in accordance with the provisions and requirements of section sixteen B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 16f - Registration of Sellers of Milk

Section 16F. Each person, not a producer of milk, whose principal business is the sale at wholesale or retail of milk, shall, before commencing to transact such business, register as a dealer with the commissioner, and shall thereafter annually so register during the month of June, and upon every such registration shall state the address of each of his places of business, the names and addresses of producers, milk plants, receiving stations, or pasteurization plants supplying him the milk, with the number of quarts of milk supplied by each producer or from each such other source during the last calendar month preceding registration. No such person so registered shall buy or exchange milk from or through a broker or jobber or other person acting as an agent in the sale or exchange of milk, unless such broker, jobber, or agent also shall have registered with the commissioner at the time specified above and shall have stated the address of each of his places of business, the names and addresses of all sources of milk supply for which he has acted during the last twelve calendar months preceding such registration, and shall have granted the commissioner or his representative free access to all books of record in so far as they may pertain to volumes, dates, points of origin and points of delivery of milk. The commissioner may require each such person, broker, jobber, or agent to prepare and submit to him, upon a form furnished by him therefor, a further statement of similar information for any one calendar month. Every statement shall be verified by oath or written declaration that it is made under the penalties of perjury. Registrations made under this section shall expire on the following June thirtieth, and applications for renewals thereof shall be made on forms furnished by the commissioner.
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 16g - Temporary Certificates of Registration

Section 16G. The commissioner may issue a temporary certificate of registration, plainly stamped:—''Temporary'', for any dairy farm already registered under section sixteen C, pending an inspection within ninety days of the date of issue and such consequent action as may be necessary relative to the actual renewal of the certificate in question.
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 16h - Temporary Receipt of Milk From Unregistered Dairy Farms

Section 16H. Whenever the quantity of fresh milk available from registered dairy farms is, for each of three consecutive months, less than one hundred and thirty per cent of the quantity disposed of by licensed milk dealers as fluid milk within the commonwealth, the commissioner shall have the authority to approve the temporary receipt, by any licensed milk dealer applying therefor, of milk produced on unregistered dairy farms in such areas as he may approve; provided, that such milk shall not otherwise be exempted from compliance with the rules and regulations established pursuant to section thirteen; and provided, further, that the commissioner may authorize the inspection and registration of such farms under the provisions section sixteen C as may be necessary to assure a continued supply of fresh milk in the commonwealth at a level which shall not be less than one hundred and thirty per cent of the quantity of fluid milk disposed of within the commonwealth. Nothing in this section shall be construed as preventing the commissioner, for reasons involving the public health, from authorizing the temporary receipt from unregistered farms for such periods and in such volume as he may determine to be necessary.
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 16i - Penalties for Violations of Secs. 16 to 16f

Section 16I. Any person violating any provision of sections sixteen to sixteen F, inclusive, shall for the first offence be punished by a fine of not more than one hundred dollars; and for any subsequent offence shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more than three months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 16j - Establishment of Rules and Regulations by Boards of Health of Cities and Towns for Handling and Sale of Milk

Section 16J. Boards of health of cities and towns may establish, amend or repeal rules and regulations for the handling and sale of milk within said cities and towns; provided, that such rules and regulations shall be consistent with those established pursuant to sections twelve and thirteen.
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 16k - Inspection and Approval of Milk Plants and Receiving Stations, etc.; Permits; Expiration

Section 16K. The commissioner may inspect milk plants and receiving stations, wherever located, and pasteurization plants outside the commonwealth, shipping milk into or within the commonwealth and, if the same be found to be in compliance with all applicable rules and regulations adopted pursuant to section thirteen, may approve them and may issue a permit showing such approval. Every such permit shall expire on June thirtieth following its issue, and may be suspended or revoked for the failure of the establishment to which it was issued to comply with rules and regulations relating thereto or for a violation, by such establishment, of any law relating to milk intended for sale within the commonwealth. Upon the application of any city or town, the commissioner may delegate to the inspector of milk thereof his authority to inspect milk plants, receiving stations and pasteurization plants from which milk is shipped to such city or town, and submit inspection reports to him, which reports shall form the basis of his issuance of such permits. A pasteurization plant located outside the commonwealth shall pay a fee as determined annually by the commissioner of administration under the provision of section three B of chapter seven for such a permit and each renewal thereof, but permits and renewals thereof shall be issued to milk plants and receiving stations without cost. If any city or town to the milk inspector of which the power of inspection is delegated under any provision of this section fails to enforce rules and regulations adopted pursuant to said section thirteen then in force, said delegation of authority shall forthwith terminate.
Renewal by the commissioner of any permit issued under the provisions of this section may be based upon the inspection reports made by the duly authorized agency of the state in which such permittee is located provided, that the commissioner shall have the authority to evaluate, by random inspection or other investigation, the adequacy of such inspection and to suspend or revoke a permit determined to have been so renewed on the basis of inadequate or otherwise unsatisfactory inspection by said agency.
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 16l - Sale of Milk From Plant or Station Not Inspected and Approved or to Which Permit Not Issued

Section 16L. Whoever sells, exchanges or delivers, or has in his possession with intent to sell, exchange or deliver, milk shipped into the commonwealth from a milk plant, receiving station or pasteurization plant which has not been inspected and approved, or to which a permit has not been issued as provided in section sixteen K, shall be punished for a first offence by a fine of not less than five hundred nor more than one thousand dollars, for a second offence by a fine of not less than one thousand nor more than five thousand dollars, and for a subsequent offence by a fine of five thousand dollars and by imprisonment for not less than six months. This section shall not apply to any sale, exchange or delivery of milk brought into the commonwealth under a temporary permit issued under section sixteen H.
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 17a - Combinations of Fats or Oils With Milk, Cream or Skimmed Milk; Penalty

Section 17A. No person himself or by his servant or agent shall, for the purposes of sale or exchange, add any fat or oil other than milk fat to, or blend or compound the same with, any milk, cream or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, so that the resulting product is in imitation or semblance of milk, cream or skimmed milk whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, nor shall any person himself or by his servant or agent sell, exchange or deliver, or have in possession with intent to sell, exchange or deliver, or expose or offer for sale or exchange, any milk, cream or skimmed milk in any of the aforesaid forms to which has been so added or with which has been so blended or compounded any fat or oil other than milk fat. No person himself or by his servant or agent shall sell, exchange or deliver, or have in his possession with intent to sell, exchange or deliver, or expose, or offer for sale or exchange, as pure milk, any milk, cream, or skimmed milk in any of the aforesaid forms to which has been added or with which has been blended or compounded any milk fat. Whoever violates any provision of this section shall be punished by the penalties prescribed by section twenty-four.
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 18 - Sale of Milk of Less Fat Content Than Stated on Label, etc.; Penalty

Section 18. Whoever himself or by his servant or agent sells, exposes for sale, or has in his custody or possession with intent to sell, milk labelled as to its fat content which, upon analysis, is found to contain less milk fat than is stated upon the label, cap or tag, and whoever himself or by his servant or agent sells, exposes for sale or exchange, or delivers milk not wholly produced in the commonwealth in containers bearing, upon a label, cap, tag, or otherwise, words indicating that such milk was produced in the commonwealth, and whoever in any manner represents that milk not wholly produced in the commonwealth was wholly produced therein, shall be punished for the first offence by a fine of not more than fifty dollars, for the second offence by a fine of not less than fifty nor more than one hundred dollars, and for a subsequent offence by a fine of not less than one hundred nor more than two hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 20 - Sale of Below Standard Milk; Penalty

Section 20. Whoever himself or by his servant or agent sells, exchanges or delivers, or has in his custody or possession with intent so to do, milk not conforming to the Massachusetts standard shall be punished for the first offence by a fine of not more than fifty dollars, for the second offence by a fine of not less than one hundred nor more than two hundred dollars, and for a subsequent offence by a fine of not less than one hundred nor more than two hundred dollars or by imprisonment for not more than three months; provided, that it shall not constitute a violation of this section for a producer of milk operating a dairy farm registered under section sixteen C to sell, or deliver in exchange or otherwise, to a dealer registered under section sixteen F natural cow's milk produced on such dairy farm and not conforming to the state standard, or for such a producer to have in his custody or possession any such milk with intent to sell, or deliver in exchange or otherwise, such milk to such a dealer, or for such a dealer to have in his custody or possession such milk, obtained as aforesaid from such a producer, with intent to blend such milk with other natural cow's milk for the purpose of making the blend conform to said standard.
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 25 - Accuracy of Measuring Utensils or Devices Used in Determining Milk-Fat or Other Component Content of Milk or Cream for Inspection or Payment; Prior Testing and Verification; Fee

Section 25. No person shall use any bottle, pipette, graduate or any other measuring utensil or device in the determination, by any testing method approved under section twenty-seven, of milk-fat or other component content of milk or cream for the purpose of inspection or as a basis for payment in buying or selling until such utensil or device has been tested and verified for accuracy by or under supervision of the director. Prior to use in any such determination, each such utensil or device shall be submitted to the director or his agent for the required testing and verification and shall, subsequent to test, be clearly and permanently marked as accurate or inaccurate, and none bearing the latter designation shall be used in any such determination. A fee not to exceed the actual cost of such testing and verification shall be payable to the director.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 26 - Annual Inspection of Mechanical or Other Equipment Used in Testing for Milk-Fat or Other Component Content of Milk or Cream; Seal; Fee; Condemnation; Additional Inspection Cost

Section 26. Mechanical or other equipment intended for use in any testing method approved under section twenty-seven for the determination of milk-fat or other component content of milk or cream for purposes of inspection or as a basis for payment in buying or selling shall be inspected for accuracy of operation prior to initial use in such determination and at least once in each year thereafter by the director or his agent and, if approved, shall be so identified by seal showing the date of inspection. The user or owner of such equipment shall pay to the director a fee not to exceed the actual cost of each such initial and subsequent annual inspection. The director or his agent may condemn any testing equipment which in his judgment, upon inspection, is not in condition to produce accurate results. Upon condemnation, no such equipment shall be used in such determination until it has been corrected to the satisfaction of the director or his agent and approved by him. The actual cost of any additional inspection necessary to such approval shall also be paid to the director.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 27 - Testing Method and Equipment for Determination of Milk-Fat or Other Component Content of Milk or Cream; Approval; Certificate of Competency for Operators; Requirements; Fee

Section 27. No testing method shall be used for the determination of milk-fat or other component content of milk or cream for the purpose of inspection or as a basis for payment in buying or selling unless it has been jointly approved by the director and the chief of the bureau of milk marketing created under the provisions of section six of chapter twenty and duly regulated under the provisions of section twenty-nine A. No person shall operate any mechanical equipment for such determination unless he has first obtained from the director or his agent a certificate indicating that he is competent in such operation and has thereafter been licensed under the provisions of section twenty-eight. The fee for such a certificate of competency shall be set by and be payable to the director. The director shall establish such requirements with respect to the application for and granting of said certificates as he deems appropriate. A copy of each such certificate shall be furnished to the chief of the bureau of milk marketing created under the provisions of section six of chapter twenty.
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 27a - Persons Receiving Raw Milk at Dairy Farms; Determining Basis for Payment; Necessity of Certificate of Competency; Requirements; Fee

Section 27A. Except as provided in section twenty-eight A with respect to emergency licensing, no person in determining the basis for payment in buying or selling shall measure, sample or accept raw milk at a dairy farm for inclusion in a bulk tank truck unless he has first obtained from the director or his agent a certificate indicating that he is competent in such operations and thereafter has been licensed under the provisions of section twenty-eight A. The fee for such a certificate of competency shall be set by and be payable to the director. The director shall establish such requirements with respect to the application for and granting of said certificates as he deems appropriate. A copy of each such certificate shall be furnished to the said chief of the bureau of milk marketing.
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 28 - License to Operate Mechanical Equipment for Determination of Milk-Fat or Other Component Content of Milk or Cream; Issuance to Persons Certified Under Sec. 27; Revocation or Suspension; Reinstatement; Fees

Section 28. Said chief of the bureau of milk marketing or his agent shall, upon application on a form provided by him, issue a license to operate to any person holding a certificate of competency obtained as provided in section twenty-seven and dated within thirty days of the date of application. The license fee shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven payable to the chief of the bureau of milk marketing. Said chief may revoke or suspend such license at any time for violation of any of the provisions of sections twenty-five to thirty, inclusive, or of the rules and regulations made thereunder, and may reinstate such license upon his determination that the cause for revocation or suspension has been removed. An additional fee to be determined under the provisions of said section three B of said chapter seven shall be paid to said chief of the bureau of milk marketing for reinstatement of a license which has been revoked. Names of licensees and notice of any suspension, revocation or reinstatement shall be furnished to the director.