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 89 - License to Break and Can Eggs

Section 89. Application for the carrying on of an establishment for the breaking and canning of eggs shall be made by the proprietor thereof to, and may be granted by, the aldermen or selectmen, or, in a town having a population of more than five thousand, the board of health. The application shall be written, signed and sworn to by one or more of the owners or persons carrying on the business, or if a corporation by some authorized officer thereof, and shall state the name and address of all such owners or persons, the location of the establishment and the nature of the products thereof which are to be sold or used for food. The board of health of a town may make and enforce such rules and regulations as it deems necessary for the conduct of such establishments, and any license therefor may be revoked for any violation of such rules and regulations, after notice to the licensee and a hearing before said board. This section shall also apply to licenses for establishments mentioned in section one hundred and forty-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 90 - Breaking or Canning Eggs Without License

Section 90. Whoever carries on an establishment for the breaking or canning of eggs without a license as provided in the preceding section shall be punished by a fine of not less than ten nor more than one 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 90a - Sale of Eggs Regulated; Eggs With Treated Shells

Section 90A. Except as hereinafter otherwise provided, no person shall sell, or offer, expose or advertise for sale, eggs as ''fresh eggs'', ''strictly fresh eggs'', ''nearby eggs'' or ''new-laid eggs'' or eggs described with words of similar import, unless they meet the following specifications when examined by a method known as ''candling'', viz.:— (1) the shell shall be clean and sound, (2) the air cell shall be not more than one quarter inch in depth and shall be localized and regular in outline, (3) the white shall be firm and clear, (4) the yolk shall not be plainly visible but may be dimly or slightly visible, and (5) there shall be no visible germ development.
Not more than ten per cent of the number of eggs sold at wholesale or offered, exposed or advertised for sale as aforesaid under any such description, and not more than two eggs in each dozen sold at retail or offered, exposed or advertised for sale as aforesaid under any such description, may vary from the foregoing specifications but only in the following particulars:— (1) the air cell may be not more than three eighths of an inch in depth and may be slightly tremulous, (2) the yolk may be plainly visible and mobile, (3) the white may be reasonably firm, and (4) germ development may be slightly visible; and, in addition, there shall be permitted, in respect to the selling, or offering, exposing or advertising for sale, of eggs at wholesale as aforesaid, a reasonable tolerance established by rules and regulations of the department, authority to establish the same being hereby granted.
No person shall sell, or offer or expose for sale, eggs which have been preserved or protected by treating the shells thereof unless the basket, box or other container in which the eggs are placed shall be plainly marked with letters not less than one half inch in height as ''shell-treated'' or ''shell-protected''. Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five dollars for the first offence, and not more than one hundred dollars for each subsequent offence. The department of agriculture shall enforce the provisions of this section.
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 90c - Grading of Eggs; Establishment

Section 90C. The commissioner of food and agriculture shall establish official grades of eggs sold, offered for sale, exposed or advertised for sale, at retail, within the commonwealth, and may from time to time modify such grades. Before establishing or modifying any such grades the commissioner shall after reasonable notice setting forth the date, place and purpose, hold a public hearing.
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 90d - Grades of Eggs; Criterion; Marking; Enforcement of Section; Rules and Regulations

Section 90D. The grades so established shall include grades closely correlated to the United States consumer standards for shell eggs. The standards of quality for the Massachusetts consumers grades of shell eggs shall be grade ''AA'', ''A'', ''B'' or ''not graded.'' The final determination of grades shall be made by ''candling''. All eggs for sale at retail within the commonwealth shall be in containers so marked or branded, with letters not less than three-eighths of an inch in height. Advertising of eggs offered for sale at retail at a stated price shall include the grades. Eggs described as ''farm fresh eggs'', ''fresh eggs'', ''strictly fresh eggs'', ''nearby eggs'', or ''native eggs'' or eggs described with words of similar import shall meet the specifications of section ninety A. The commissioner of food and agriculture and his duly authorized assistants shall determine the responsibility for marking and branding. Any edible egg not conforming to such grades shall be sold as checks, cracks, or stains.
The department of food and agriculture shall enforce the provisions of this section. The commissioner may establish such rules and regulations as may be deemed necessary to carry out the purposes of section ninety C and this section.
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 90e - Misbranding of Eggs; Obstruction of Commissioner's Duties Under Sec. 90d; Penalties

Section 90E. Whoever, himself or by his servant or agent, misbrands eggs and sells, distributes, or offers or exposes for sale such misbranded eggs shall be punished for the first offense by a fine of not more than fifty dollars and for a subsequent offense by a fine of not more than two hundred dollars. Whoever obstructs or hinders the commissioner of food and agriculture or any of his duly authorized assistants in the performance of his duties under section ninety D 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 91 - Sale of Eggs Taken From Cold Storage; Markings; Penalty

Section 91. Whenever eggs which have been in cold storage are sold at wholesale or retail, or offered or exposed for sale, the basket, box or other container in which the eggs are placed shall be marked plainly and conspicuously with the words ''cold storage eggs'', or there shall be attached to such container a placard or sign having on it the said words. If eggs which have been in cold storage are sold at retail or offered or exposed for sale without a container, or placed upon a counter or elsewhere, a sign or placard, having the words ''cold storage eggs'' plainly and conspicuously marked upon it, shall be displayed among, upon or immediately above the said eggs. The display of the words ''cold storage eggs'' shall be in letters not less than one inch in height, except that the container in which eggs sold at retail are delivered to the customer may be marked in letters less than one inch in height if uncondensed gothic type is used, but such letters shall in no case be less than one half inch in height. All markings required by this section shall be done in a manner approved by the commissioner of public health. Whoever violates this section shall be punished by a fine of not less than ten nor more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 92 - Denaturing and Marking of Broken Eggs in Cold Storage

Section 92. Broken eggs packed in cans, if not intended for food, shall be denatured when deposited in cold storage, and shall be marked by the owner, in accordance with forms prescribed by the department of public health, so as plainly to indicate that they are not to be sold for food.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 92a - Sale of Decayed or Decomposed Eggs; Regulations; Penalty

Section 92A. No person shall sell or offer or expose for sale for food purposes, or have in possession with intent to sell for such purposes, eggs which, either before or after removal from the shell, are wholly or partly decayed or decomposed, eggs in the fluid state, any part of which is wholly or partly decayed or decomposed, eggs, in the fluid state or otherwise, which are mixed with parts of eggs derived from eggs which are wholly or partly decayed or decomposed, or frozen masses of broken eggs, if the mass contains eggs wholly or partly decayed or decomposed, or which are mixed with parts of eggs taken from eggs which were wholly or partly decayed or decomposed; nor shall any person use in the preparation of food products eggs which are wholly or partly decayed or decomposed, or deliver or sell such eggs in or at any establishment where food products are prepared or manufactured, or purchase or accept the same in or at any such establishment for use in the preparation of food products; but nothing in this section shall prohibit the purchase, sale or possession for other than food purposes of such eggs. The department of public health shall enforce this section. Violation of any provision of this section shall be punished by a fine of not less than ten nor more than one thousand dollars, or by imprisonment for not less 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 92b - Meats, Poultry and Fish; Sales at Retail; Weight; Penalty

Section 92B. All meats, poultry and edible fish, except soft shell clams and oysters, shall be sold at retail only by weight and, except when sold in package form bearing a plain and conspicuous statement of quantity of contents as provided in section one hundred and eighty-one, such weight shall be determined at the time of sale. Whoever himself or by his servant or agent violates any provision of this section shall be punished by a fine of ten dollars or shall be subject to a civil citation as provided in section 29A of chapter 98.
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 96 - Fruits, Vegetables and Nuts; Sale by Dry Measure or Numerical Count; ''original Standard Container'' Defined; Penalty

Section 96. Except as otherwise provided in sections ninety-eight and ninety-nine and in chapter ninety-nine, or except when sold in the original standard container, all fruits, nuts, vegetables and grain shall be sold at retail by avoirdupois weight or numerical count. The words ''original standard container,'' as used in this section shall mean and include only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which is established by law of this commonwealth or by act of congress, the contents of which have not been removed or repacked by the retailer, and upon which is plainly and conspicuously marked the net quantity of the contents thereof in terms of weight, measure or numerical count. This section shall not apply to the sale of apples repacked under the provisions of section one hundred and four nor to the sale, by the bunch, of fresh beets, onions, turnips, rhubarb and other similar vegetables usually and customarily sold by the bunch. Whoever violates any of the provisions of this section shall be punished by a fine of not more than ten dollars or shall be subject to a civil citation as provided in section 29A of chapter 98.
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 98 - Capacity of Baskets, etc., Used in Sale of Berries; Test of Capacity

Section 98. Baskets or other receptacles holding one quart or less which are used or intended to be used in the sale of strawberries, blackberries, cherries, currants, blueberries, raspberries or gooseberries shall be of the capacity of one quart, one pint or one half pint, Massachusetts standard dry measure. Said baskets or other receptacles shall not be required to be tested and sealed as provided by chapter ninety-eight, but the sealer or deputy sealer of weights and measures of any town or the director of standards may, if he so desires, and shall, upon complaint, test the capacity of any basket or other receptacle in which any of the aforesaid fruit is sold or intended to be sold; and if the same is found to contain less than the standard measure he shall seize the same and make complaint against the vendor.
Whoever sells or offers for sale a basket or other receptacle holding one quart or less to be used in the sale of any of the aforesaid fruit which does not conform to said standard, and whoever sells or offers for sale any of the aforesaid fruit in any basket or other receptacle holding one quart or less which does not conform to said standard, shall be punished by a fine of not less than five nor more than ten dollars or shall be subject to a civil citation as provided in section 29A of chapter 98.
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 99a - Standard Box for Farm Produce; Standard Half Box; Lug; Specifications; Markings

Section 99A. The Massachusetts standard box for farm produce sold at wholesale, except as otherwise provided, shall contain two thousand one hundred fifty and forty-two one-hundredths cubic inches and shall be of the following dimensions by inside measurements: seventeen and one half inches in length by seventeen and one-half inches in width and seven and one sixteenth inches in depth. The Massachusetts standard half box for farm produce sold at wholesale shall contain one thousand seventy-five and twenty-one one hundredths cubic inches and shall be of the following dimensions by inside measurements: twelve and three eighths inches in length by twelve and three eighths inches in width and seven and one sixteenth inches in depth. When the above specified boxes are made of wood the ends shall be not less than five eighths inches in thickness and the sides and bottom not less than three eighths inches in thickness. All such boxes and half boxes of the dimensions specified herein shall be marked on at least one outer side in bold, uncondensed capital letters, not less than one inch in height:— Standard Box Farm Produce, — and, — Standard Half Box Farm Produce, — respectively. The Massachusetts lug for tomatoes sold at wholesale or retail shall contain one thousand seventy-eight and forty-three one hundredths cubic inches and shall be of the following dimensions by inside measurements: seventeen and one half inches in length by eight and one half inches in width by seven and one quarter inches in depth. Whoever marks or otherwise represents any box or half box to be a standard box or half box for the sale of farm produce at wholesale shall, unless such box or half box complies with every specification and requirement of this section, be punished by a fine of not more than fifty dollars. The deputy director of standards in the office of consumer affairs and business regulation, his inspectors and the sealers and deputy sealers of weights and measures in cities and towns shall enforce the provisions of this section.
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 99b - Sale of Fruit, Vegetables or Turkeys; Designation as ''native''; Penalty

Section 99B. No person shall sell or offer to sell or pack for sale or distribution in the commonwealth fruit, vegetables or turkeys in containers bearing the label or designation ''native'' nor cause fruit, vegetables or turkeys to be advertised as ''native'' unless the name of state in which such fruit, vegetables or turkeys were grown appears immediately after the word ''native''. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 101 - Official Grades of Apples; Establishment; Modification; Notice; Hearing

Section 101. The commissioner of food and agriculture shall establish and promulgate official grades of apples packed or repacked within the commonwealth, and may from time to time amend or modify such grades. Before establishing, amending or modifying any such grades, the commissioner shall consult with growers and shippers of apples relative to proposed grades, or, upon written petition of twenty-five or more growers producing annually an aggregate of not less than one hundred thousand bushels of apples, the commissioner shall, after reasonable notice, specifying the date, place and purpose of the proposed hearing, hold a public hearing for the purpose of obtaining information with a view to establishing, or amending or modifying, as the case may be, such official grades. The grades so established and promulgated shall include grades identical in name and requirements with all grades or standards of apples as promulgated, from time to time, by the secretary of agriculture of the United States and commonly known as the United States grades.
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 102 - Marking or Branding of Apples

Section 102. The person possessing the apples at any time shall be deemed responsible for the proper marking of the apples. Each package of apples packed or repacked within the commonwealth and intended for sale within or without the commonwealth, shall be marked or branded at the time of packing, repacking or closing with a statement of the name and legal address of the person by whose authority the apples were packed, the true name of the variety, the official grade designation, and the minimum size or numerical count of the apples contained therein. Each package, lot or open bulk display of apples sold, offered, exposed or advertised for sale at retail shall be plainly marked and identified as to variety, official grade and size. The provisions of this section shall not apply to apples that are in transit from the grower to storage, packer, repacker, or processor, provided that invoices from the grower showing the destination, quantity and ownership of such apples accompany each lot. If the true name of the variety is not known the marks shall include the words ''variety unknown''.
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 103 - Advertising of Apples

Section 103. Open bulk display signs, printed sales statements and all advertisements by radio, television, newspaper or other media shall state the variety, official grade designation and size of apples whenever the price is shown, stated or written in connection with the sale of apples.
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 104 - Misleading Packing of Apples

Section 104. No person shall sell or offer for sale, or transport for sale, in either open or closed packages, apples packed in such a manner that the faced or shown surface shall not be an average of the contents of the package.
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 105 - Misbranding of Apples

Section 105. For the purpose of section one hundred and one to one hundred and nine, inclusive, apples packed in closed or open packages or apples in open bulk displays shall be deemed to be misbranded:—
First. If any package, or any open bulk display fails to bear all statements required under section one hundred and two.
Second. If any package whether packed or repacked within or without the commonwealth, is falsely branded or bears any statement, design or device regarding the apples contained therein which is false or misleading, or if any package bears any statement, design or device indicating that the apples contained therein are of a specified grade established and promulgated under section one hundred and one, and said apples, when packed or repacked, do not conform to the requirements prescribed for such grade, or if any package bears any statement, design or device other than an official grade designation describing the grade or quality of the apples therein.
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 106 - Rules and Regulations for Enforcement of Secs. 101 to 109; Access to Packing Places and Storehouses; Samples

Section 106. The commissioner of food and agriculture shall make and may modify rules and regulations for enforcing sections one hundred and one to one hundred and nine, inclusive, and shall, either in person or by his assistant, have free access at all reasonable hours to any place, building or vehicle wherein apples are packed, stored, transported, sold, offered or exposed for sale or for transportation at any time. He may also, in person or by his assistant, open each box, package or other container, and upon tendering the market price, may take as a sample such container, with or without its contents, or any apples therefrom.
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 107 - Enforcement of Secs. 99b, 101 to 105, 109; Prosecutions; Notice

Section 107. The commissioner of food and agriculture and his duly authorized assistants shall have authority to enforce section ninety-nine B, sections one hundred and one to one hundred and five, inclusive, and one hundred and nine, and to prosecute all violations thereof. Before any prosecution is begun by the commissioner of agriculture or any of his duly authorized assistants the parties concerned shall be given an opportunity to be heard before the said commissioner or a person designated by him for such purpose. The parties concerned shall be given reasonable notice of hearing, specifying the day, hour and place thereof and accompanied by a description of the alleged violation. Such hearings shall be governed by rules and regulations prescribed by said 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 108 - Penalties; Misbranding of Apples

Section 108. Whoever, himself or by his servant or agent misbrands apples within the meaning of section one hundred and five or advertises apples for sale in violation of section one hundred and three, or packs, repacks, sells, distributes or offers or exposes for sale or distribution apples which are misbranded, or packs, repacks, sells, distributes or offers for sale or distribution apples in closed or open packages so packed or repacked that the faced or shown surface gives a false representation of the color, size or quality of the other apples in the package, or packs, repacks, sells, distributes, offers or exposes for sale or distribution apples otherwise in violation of any provision of section one hundred and one to one hundred and nine, inclusive, or wilfully alters, effaces or removes, or causes to be altered, effaced or removed, wholly or partly, any brands or marks put upon any package of apples under authority of said sections, shall be punished for the first offence by a fine of not more than fifty dollars, and for a subsequent offence by a fine of not more than two hundred dollars. Whoever obstructs or hinders the commissioner of food and agriculture or any of his assistants in the performance of his duties under sections one hundred and one to one hundred and seven, and section one hundred and nine, inclusive, shall be punished by a fine of not less than ten 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 109 - Storage of Apples; Conditions; Storage Records

Section 109. No person shall sell or exchange or offer or expose for sale or exchange or transport for sale any apples represented as having been exposed to ''controlled atmosphere'' or ''modified atmosphere'' or shall so use any such term or form of words or symbols of similar import on any container or lot of apples advertised, sold, offered for sale or transported for sale within this state unless such apples have been kept in a room or storage building with not more than five per cent oxygen for a minimum of sixty days. A storage record on a form approved by the commissioner of food and agriculture shall be kept at a convenient location adjacent to said room or storage building from the day of sealing to the day of opening of said room or storage building, and shall be preserved for inspection at any time by said commissioner or his authorized agents for a period of not less than one year after such opening.
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 115 - Legal and Standard Barrel and Crate for Cranberries

Section 115. The legal and standard barrel for cranberries shall measure not less than twenty-five and one fourth inches between the heads, inside; the length of the staves shall be twenty-eight and one half inches; the diameter of the head shall be not less than sixteen and one fourth inches, including the bevelled edge; the outside bulge circumference shall measure not less than fifty-eight and one half inches; the thickness of the staves shall be not greater than four tenths of an inch. The legal and standard crate for cranberries shall measure seven and one half inches, by twelve inches, by twenty-two inches, inside, exclusive of any interior partition or support, and shall have an interior capacity of one thousand nine hundred and eighty cubic inches; but any square or oblong crate or box of different form, but of as great interior capacity, shall be considered a legal and standard crate.
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 116 - Barrels and Crates for Cranberries; One Half Crates; One Quarter Crates; Markings

Section 116. Each barrel, crate, one half crate or one quarter crate used for the sale or delivery of cranberries shall be of the standard measure prescribed in this or the preceding section, and shall be marked as therein required. No person shall use any barrel, crate, one half crate or one quarter crate for such sale or delivery, the capacity of which is less than that of the corresponding standard package prescribed in the preceding section. Sealers of weights and measures shall enforce this and the preceding section. Whoever violates any provision of this or the preceding section shall be punished by a fine of not more than one hundred dollars.
It shall be lawful to use for the sale and delivery of cranberries, square or oblong packages which contain one half crate or one quarter crate, provided that such packages have an interior capacity, exclusive of any partition or support, of nine hundred and ninety and of four hundred and ninety-five cubic inches, respectively. No barrel, crate, one half crate or one quarter crate, intended to be used for the sale or delivery of cranberries, except of the standard measure specified in this section, and plainly marked with the words ''Massachusetts Standard Measure'', shall be manufactured or sold. No person shall so mark any barrel or other package so used, or intended to be used, unless its interior capacity is as great as the capacity herein specified for such package.
Nothing in this or the preceding section shall prohibit the use of third, half and three quarter barrels, as provided by United States law.
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 117 - Sale of Cranberries in Packages

Section 117. It shall be lawful to use for the sale and delivery of cranberries packages containing one, two or four pounds of cranberries, net weight; provided, that said net weight is plainly stamped on the top or side of each package.
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 117a - Official Grades and Standards for Farm Products; Use of Brands or Labels

Section 117A. The commissioner of food and agriculture, in this and the five following sections called the commissioner, may establish and promulgate official grades and standards for farm products, except apples, potatoes and milk, produced within the commonwealth for the purposes of sale, and may from time to time amend or modify such grades and standards. Before establishing, amending or modifying any such grades or standards the commissioner shall hold public hearings in such places within the commonwealth as he shall deem proper. Notice of such hearings shall be advertised in a newspaper or newspapers of general circulation within the county where the hearing is to be held for three successive weeks prior thereto, and shall specify the date and place of each hearing and that it is to be held for the purpose of obtaining information with a view to establishing grades or standards for such farm products, if deemed advisable. The commissioner may determine or design brands or labels for identifying such farm products packed in accordance with official grades and standards established as aforesaid, and may cause to be printed said brands or labels and may dispose of or cause the disposition of the same at reasonable prices. A written application to the commissioner requesting permission to use said brands or labels and a written authorization thereof by the commissioner or a duly authorized assistant shall be a condition precedent to the use of such brands or labels. The commissioner may revoke or suspend the right to use such brands or labels determined as aforesaid whenever it appears on investigation and after a subsequent hearing before said commissioner or authorized assistant that such brands or labels have been used to identify such farm products not in fact conforming to the grade or standard indicated.
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 117b - Establishment of Grades or Standards for Farm Products and Determination of Brands or Labels; Notice; Publication

Section 117B. Upon the establishment of such grades or standards and upon the proper determination of brands or labels, all in accordance with the provisions of section one hundred and seventeen A, notice thereof shall be published for three successive weeks in three newspapers stating the grades and standards so established and the brands or labels so determined, and the date on which such establishment or determination is to take effect. The commissioner shall distribute information relative to the grades and standards so established and the brands or labels so determined.
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 117c - Unlawful Use of Brands or Labels; Obstruction of Commissioner

Section 117C. After notice of the establishment of grades and standards and the determination of brands or labels as provided in the two preceding sections, it shall be unlawful to use an official grade designation in connection with the sale of such farm products without using the brand or label determined as aforesaid for such grade and standard, or to use such a brand or label unless the farm product bearing the brand or label is in fact of the grade or standard so established, or to use such a brand or label before the authorization of the use of, or after the revocation or during suspension of the right to use, such brand or label, by the commissioner. Any violation of this section shall be punished for a first offence by a fine of not more than fifty dollars and for a subsequent offence by a fine of not more than two hundred dollars. Whoever obstructs or hinders the commissioner or any of his assistants in the performance of his duties under sections one hundred and seventeen A to one hundred and seventeen F, inclusive, shall be punished by a fine of not less than ten 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 117d - Inspection of Farm Products; Certification of Quality and Condition

Section 117D. The commissioner may employ inspectors to inspect such farm products marked, branded or labelled in accordance with official grades or standards established and promulgated by the commissioner, for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of such inspection and executed by the inspector shall state the date and place of inspection, the grade, standard, condition, and approximate quality of the farm products inspected and any other pertinent facts that the commissioner may require. Such a certificate and all federal certificates relative to the condition or quality of said farm products shall be prima facie evidence in all courts of the commonwealth of the facts required as aforesaid to be stated therein.
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 117e - Rules and Regulations Under Secs. 117a to 117f

Section 117E. The commissioner may prescribe rules and regulations for carrying out the purposes of sections one hundred and seventeen A to one hundred and seventeen F, inclusive, including the fixing of fees for inspections.
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 117f - Powers of Commissioner of Agriculture

Section 117F. The commissioner, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products marked, branded or labelled in accordance with official grades or standards established and promulgated by the commissioner are being marketed or held for commercial purposes. He shall also have power in person or by deputy to open any bags, crates, or other containers containing said farm products and examine the contents thereof, and may, upon tendering the market price, take samples therefrom.
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 117g - Definitions Applicable to Secs. 117g to 117l

Section 117G. As used in sections one hundred and seventeen G to one hundred and seventeen L, inclusive, the following words and phrases shall have the following meanings:—
''Grade'' or ''grades'' shall mean the standards for potatoes established and promulgated by the commissioner of food and agriculture as herein provided as the official grades of potatoes for Massachusetts.
''Plainly and conspicuously'' shall mean that the lettering used to furnish information required by law on containers shall be legible enough so as not to be obscured by other markings or illustrations used thereon. Printing or stamped terms shall be not less than three eighths of an inch in height.
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 117h - Marking of Container of Potatoes; Display of Grade; Application of Section

Section 117H. Every container in which potatoes are packed, sold, distributed, offered or exposed for sale or distribution in the commonwealth shall be plainly and conspicuously marked by a tag, brand, label or stencil bearing the name and address of the packer, or the person by whose authority the potatoes are packed or distributed, and the proper grade of the potatoes contained therein. The person possessing the potatoes at any time shall be deemed responsible for the proper marking of the potatoes. On bulk displays in racks, bins or other receptacle from which potatoes are sold in retail quantities, the proper grade shall be plainly and conspicuously shown, but the provisions as to markings of name and address or person by whose authority the potatoes were packed shall not apply. Nothing in this section shall be construed to prevent a potato grower from selling potatoes at his premises or storage, or delivering potatoes to a central packing house, processing plant, or storage without such marking, except that any potatoes displayed or offered for sale at roadside stands, so called, shall be marked with the proper grade. The provisions of sections one hundred and seventeen G to one hundred and seventeen L, inclusive, shall not apply to properly tagged certified seed potatoes. All newspaper or display advertising of potatoes in which the price is stated shall also state the grade or grades of potatoes being advertised.
Every container in which frozen blanched potatoes are packed, sold, distributed, offered or exposed for sale for commercial purposes only and not intended for sale directly to the consumer shall be plainly and conspicuously marked by a tag, brand, label or stencil bearing the state of origin of the potatoes, the grade of the potatoes and a brief description of the manner in which such potatoes are blanched.
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 117i - Official Grades of Potatoes; Modification; Notice; Hearing; United States Grades

Section 117I. The commissioner of food and agriculture, in this section and in sections one hundred and seventeen J and one hundred and seventeen K called the commissioner, shall establish and promulgate official grades of potatoes packed or repacked within the commonwealth and may from time to time amend or modify such grades. Before establishing, amending or modifying any such grades, the commissioner shall consult with growers and shippers of potatoes relative to proposed grades, or upon written petition of fifty or more commercial potato growers, the commissioner shall, after reasonable notice, specifying the date, place and purpose of the proposed hearing, hold a public hearing for the purpose of obtaining information with a view to establishing, amending or modifying such official grades. The grades so established and promulgated shall include grades identical in name and requirements with all grades or standards of potatoes as promulgated from time to time by the secretary of agriculture of the United States and commonly known as the United States grades.
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 117j - Enforcement of Provisions of Secs. 117g to 117k; Powers of Commissioner; Rules and Regulations

Section 117J. The commissioner shall enforce the provisions of sections one hundred and seventeen G to one hundred and seventeen K, inclusive. He or a duly authorized representative, shall have free access, ingress and egress during business hours to any building or other place where potatoes are packed, stored, transported, sold, offered or exposed for sale or for transportation. He or a duly authorized representative may also, open any box, barrel or other container containing potatoes and examine the contents thereof, and may, upon tendering the market price, take samples therefrom. The commissioner shall make and publish uniform rules and regulations for carrying out the provisions of said sections one hundred and seventeen G to one hundred and seventeen L, 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 117k - Violations of Secs. 117g to 117j; Notice; Hearing

Section 117K. When the commissioner learns of any violation of any of the provisions of sections one hundred and seventeen G to one hundred and seventeen J, inclusive, he may cause notice thereof, together with a copy of his findings, to be given to the person or persons concerned. Persons so notified may be given a hearing under rules and regulations prescribed by the commissioner. Notice of such hearing shall specify the date, hour and place 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 117l - Penalties for Violation of Secs. 117g to 117j

Section 117L. Any person violating any of the provisions of sections one hundred and seventeen G to one hundred and seventeen J, inclusive, shall be punished by a fine of not more than fifty dollars for the first offence and for each subsequent offence by a fine of not more than two hundred dollars. The act, omission or failure of an officer, agent or other person acting for or employed by a corporation, company, society or association within the scope of his employment or office shall be deemed to be the act, omission or failure of such corporation, company, society or association.
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 119 - Supervision and Inspection of Establishment or Person Engaged in Business of Slaughtering Livestock or Poultry; Rules and Regulations; Suspension of License and Closure

Section 119. An official establishment or a person engaged in the business of slaughtering livestock or poultry or in the business of the preparation of such products shall be under the supervision of the department and subject to the inspection required by said department.
The commissioner may issue orders and said department shall establish, and may from time to time amend, modify, repeal or suspend, rules and regulations, including uniform minimum requirements for the maintenance and operation of said establishments and to otherwise implement the provisions of sections one hundred and eighteen to one hundred and twenty-seven, inclusive.
If any establishment licensed under section one hundred and twenty is deemed by the commissioner to be operated or maintained in an unsanitary manner, or in violation of any of said rules and regulations, or not properly constructed or equipped for said business of slaughtering or preparation, said commissioner shall close such establishment until such time as it has been put in proper condition, and the department may also suspend the licenses issued under section one hundred and twenty if the required changes are not made within a reasonable time.
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 120 - Slaughtering of Livestock or Poultry; License Required; Application; Fee

Section 120. No person shall engage in the slaughter of livestock or poultry unless he has obtained a license from the department. No person shall process or manufacture meat or meat food products, poultry or poultry products, in an establishment unless he has obtained a license from the department. Persons engaged in the business of slaughter or meat or meat food processing or poultry or poultry processing, shall apply annually for a license. Such application shall be signed and sworn to by one or more of the owners or persons carrying on such business or if a corporation, by an authorized officer thereof. Such person shall state the name and address of all owners or persons carrying on said business except in the case of a corporation, the names and addresses of the officers of such corporation, and the location of said establishment or such other information as the commissioner may require. The fee for a license issued by the department shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles › Section 121 - Suspension or Revocation of License; Hearing

Section 121. Any license issued pursuant to section one hundred and twenty may be suspended or revoked if the licensee is in violation of any provision of sections one hundred and eighteen to one hundred and twenty-seven, inclusive, or the rules and regulations promulgated under the authority thereof, or any lawful order of the department or the commissioner. A hearing shall be held prior to the revocation, or within seven days after the suspension, of any such license, unless prior to the expiration of such period, said license has been restored. Such hearings shall be held before a hearings board within the department established in section one hundred and twenty-two.