reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 4 - Examination of Dealer's Books and Records; Payment for Repurchased Inventory

Section 4. (a) Within ninety days from receipt of the written request of the dealer, a supplier under the duty to repurchase inventory pursuant to this chapter may examine the books and records of the dealer to verify the eligibility of any item for repurchase. Except as otherwise provided in this chapter, the supplier shall repurchase from the dealer all inventory, required signage, special tools, books, supplies, data processing equipment and software previously purchased from the supplier or other qualified vendor and in the possession of the dealer on the date of termination of the dealer agreement.
(b) The supplier shall pay the dealer:
(1) One hundred per cent of the net cost of all new and undamaged and complete farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, yard and garden equipment, purchased within the past thirty-six months from the supplier, less a reasonable allowance for deterioration attributable to weather conditions at the dealer's location;
(2) ninety per cent of the current net prices of all new and undamaged repair parts;
(3) eighty-five per cent of the current net price of all new and undamaged superseded repair parts;
(4) eighty-five per cent of the latest available published net price of all new and undamaged non-current repair parts;
(5) either the fair market value, or assume the lease responsibilities of any specific data processing hardware that the supplier required the equipment dealer to acquire or purchase to satisfy the reasonable requirements of the dealer agreement, including computer systems equipment required and approved by the supplier to communicate with the supplier; and
(6) repurchase at seventy-five per cent of the net cost specialized repair tools, signage, books and supplies previously purchased, pursuant to requirements of the supplier and held by the equipment dealer on the date of termination. Specialized repair tools must be unique to the supplier product line and must be complete and in usable condition.
(7) repurchase at average as-is value shown in current industry guides dealer-owned rental fleet financed by the supplier or its finance subsidiary.
(c) The party that initiated the termination of the dealer agreement shall pay the cost of the return, handling, packing and loading of such inventory.
(d) Payment to the dealer required under this section shall be made by the supplier not later than forty-five days after receipt of the inventory by the supplier. A penalty shall be assessed in the amount of two per cent per day of any outstanding balance over the required forty-five days. The supplier shall be entitled to apply any payment required under this section to be made to the dealer, as a set-off against any amount owed by the dealer to the supplier.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 5 - Items Exempted From Repurchase

Section 5. The provisions of this chapter shall not require the repurchase from a dealer of:
(1) a repair part with a limited storage life or otherwise subject to physical or structural deterioration including, but not limited to, gaskets or batteries;
(2) a single repair part normally priced and sold in a set of two or more items;
(3) a repair part that, because of its condition, cannot be marketed as a new part without repackaging or reconditioning by the supplier or manufacturer;
(4) any inventory that the dealer elects to retain;
(5) any inventory ordered by the dealer after receipt of notice of termination of the dealer agreement by either the dealer or supplier;
(6) any inventory that was acquired by the dealer from a source other than the supplier.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 6 - Request for Transfer; Consent by Supplier

Section 6. (a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer's business or transfer of the stock or other interest in the dealership, whenever the dealer to be substituted meets the material and reasonable business and financial requirements of the supplier. Should a supplier determine that a proposed transferee does not meet such requirements, it shall give the dealer written notice stating the specific reasons for withholding consent. No prospective transferee may be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have ninety days to consider a dealer's request to make a transfer under this paragraph.
(b) No supplier shall unreasonably withhold consent to the transfer of the dealer's business to a member or members of the family of the dealer or the principal owner of the dealership, if the family member meets the reasonable business ability, business experience, and character standards of the supplier, and if the transferee can demonstrate that the dealership will be adequately capitalized. Should a supplier determine that the designated family member does not meet those requirements, the supplier shall provide the dealer with written notice of the supplier's objection and specific reasons for withholding its consent. As used in this subsection, ''family'', means and includes spouse, parent, siblings, children, stepchildren and lineal descendants, including those by adoption of the dealer or principal owner of the dealership.
(c) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 8 - Consumer Warranties; Claims

Section 8. Whenever a supplier and a dealer enter into an agreement providing consumer warranties, the supplier shall pay any warranty claim made for warranty parts and service within thirty days after its receipt and approval. The supplier shall approve or disapprove a warranty claim within thirty days after its receipt. If a claim is not specifically disapproved in writing thirty days after its receipt, it shall be deemed to be approved and payment shall be made by the supplier within thirty days.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 9 - Binding Arbitration

Section 9. Nothing contained in this chapter shall bar the right of a dealer agreement to provide for binding arbitration of disputes. Any arbitration shall be consistent with the provisions of this chapter and other applicable law. The place of any arbitration shall be in the city or county in which the dealer maintains the dealer's principal place of business in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 10 - Incorporation of Chapter Provisions; Waiver

Section 10. (a) The provisions of this subchapter shall be deemed to be incorporated in every dealer agreement made under the provisions of this chapter and shall supersede and control all other provisions of the agreement to the contrary. No supplier may require any dealer to waive compliance with any provision of this chapter, and any dealer agreement purporting to do so shall be void and unenforceable to the extent of such waiver or variance.
(b) Nothing in this chapter shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93g - Equipment Dealers › Section 11 - Assumption of Obligation by Successor

Section 11. The obligation of any supplier or dealer shall be applied to and made an obligation of any successor in interest or assignee of such supplier or dealer. A successor in interest shall include, but not be limited to, any purchaser of the assets or stock, and surviving entity resulting from merger or liquidation, any receiver or any trustee of the original supplier or dealer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93h - Security Breaches › Section 3a - Breaches of Security Including Social Security Numbers; Offer of Credit Monitoring Services Required

Section 3A. (a) If a person knows or has reason to know that said person experienced an incident that requires notice pursuant to section 3 and such breach of security includes a social security number, the person shall contract with a third party to offer to each resident whose social security number was disclosed in the breach of security or is reasonably believed to have been disclosed in the breach of security, credit monitoring services at no cost to said resident for a period of not less than 18 months; provided, however, that if the person that has experienced a breach of security is a consumer reporting agency, then said consumer reporting agency shall contract with a third party to offer each resident whose social security number was disclosed in the breach of security or is reasonably believed to have been disclosed in the breach of security, credit monitoring services at no cost to such resident for a period of not less than 42 months. Said contracts shall not include reciprocal agreements for services in lieu of payment or fees. The person or agency shall provide all information necessary for the resident to enroll in credit monitoring services and shall include information on how the resident may place a security freeze on the resident's consumer credit report.
(b) A person that experienced a breach of security shall not require a resident to waive the resident's right to a private right of action as a condition of the offer of credit monitoring services.
(c) The department of consumer affairs and business regulation may promulgate regulations interpreting and applying this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93h - Security Breaches › Section 4 - Delay in Notice When Notice Would Impede Criminal Investigation; Cooperation With Law Enforcement

Section 4. Notwithstanding section 3, notice may be delayed if a law enforcement agency determines that provision of such notice may impede a criminal investigation and has notified the attorney general, in writing, thereof and informs the person or agency of such determination. If notice is delayed due to such determination and as soon as the law enforcement agency determines and informs the person or agency that notification no longer poses a risk of impeding an investigation, notice shall be provided, as soon as practicable and without unreasonable delay. The person or agency shall cooperate with law enforcement in its investigation of any breach of security or unauthorized acquisition or use, which shall include the sharing of information relevant to the incident; provided however, that such disclosure shall not require the disclosure of confidential business information or trade secrets.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93h - Security Breaches › Section 5 - Applicability of Other State and Federal Laws

Section 5. This chapter does not relieve a person or agency from the duty to comply with requirements of any applicable general or special law or federal law regarding the protection and privacy of personal information; provided however, a person who maintains procedures for responding to a breach of security pursuant to federal laws, rules, regulations, guidance, or guidelines, is deemed to be in compliance with this chapter if the person notifies affected Massachusetts residents in accordance with the maintained or required procedures when a breach occurs; provided further that the person also notifies the attorney general and the director of the office of consumer affairs and business regulation of the breach as soon as practicable and without unreasonable delay following the breach. The notice to be provided to the attorney general and the director of the office of consumer affairs and business regulation shall consist of, but not be limited to, any steps the person or agency has taken or plans to take relating to the breach pursuant to the applicable federal law, rule, regulation, guidance or guidelines; provided further that if said person or agency does not comply with applicable federal laws, rules, regulations, guidance or guidelines, then it shall be subject to the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93i - Dispositions and Destruction of Records › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Agency'', any county, city, town, or constitutional office or any agency thereof, including but not limited to, any department, division, bureau, board, commission or committee thereof, or any authority created by the general court to serve a public purpose, having either statewide or local jurisdiction.
''Data subject'', an individual to whom personal information refers.
''Person'', a natural person, corporation, association, partnership or other legal entity.
''Personal information'', a resident's first name and last name or first initial and last name in combination with any 1 or more of the following data elements that relate to the resident:—
(a) Social Security number;
(b) driver's license number or Massachusetts identification card number;
(c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password that would permit access to a resident's financial account; or
(d) a biometric indicator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93i - Dispositions and Destruction of Records › Section 2 - Standards for Disposal of Records Containing Personal Information; Disposal by Third Party; Enforcement

Section 2. When disposing of records, each agency or person shall meet the following minimum standards for proper disposal of records containing personal information:
(a) paper documents containing personal information shall be either redacted, burned, pulverized or shredded so that personal data cannot practicably be read or reconstructed;
(b) electronic media and other non-paper media containing personal information shall be destroyed or erased so that personal information cannot practicably be read or reconstructed.
Any agency or person disposing of personal information may contract with a third party to dispose of personal information in accordance with this chapter. Any third party hired to dispose of material containing personal information shall implement and monitor compliance with policies and procedures that prohibit unauthorized access to or acquisition of or use of personal information during the collection, transportation and disposal of personal information.
Any agency or person who violates the provisions of this chapter shall be subject to a civil fine of not more than $100 per data subject affected, provided said fine shall not exceed $50,000 for each instance of improper disposal. The attorney general may file a civil action in the superior or district court in the name of the commonwealth to recover such penalties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93k - Automotive Repair › Section 4 - Construction of Chapter With Other Law or With Franchise Agreement

Section 4. Notwithstanding any general or special law to the contrary, nothing in this chapter shall be construed to abrogate, interfere with, contradict or alter the terms of any provision of chapter 93B or the terms of any franchise agreement executed and in force between a dealer and a manufacturer, including, but not limited to, the performance or provision of warranty or recall repair work by a dealer on behalf of a manufacturer pursuant to such franchise agreement; provided, however, that any provision in a franchise agreement that purports to waive, avoid, restrict or limit a manufacturer's compliance with this chapter shall be void and unenforceable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93k - Automotive Repair › Section 5 - Access to Non-Diagnostic and Repair Information Not Required

Section 5. Nothing in this chapter shall be construed to require manufacturers or dealers to provide an owner or independent repair facility access to non-diagnostic and repair information provided by a manufacturer to a dealer or by a dealer to a manufacturer pursuant to the terms of a franchise agreement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93k - Automotive Repair › Section 6 - Remedies for Violation of Chapter

Section 6. (a) In addition to any other remedies that may be available, a violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.
(b) An independent repair facility or owner who believes that a manufacturer has failed to provide information or a tool required by this chapter shall notify the manufacturer, in writing, through the National Automotive Service Task Force Service Information Request process, or its successor organization or process, and give the manufacturer 30 days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures said complaint within the cure period, damages shall be limited to actual damages in any subsequent litigation pursuant to chapter 93A.
(c) If a manufacturer fails to respond to the notice provided pursuant to subsection (b), or if an independent repair facility or owner is not satisfied with the manufacturer's cure, the independent repair facility or owner may file a complaint in the superior court or, if applicable, in the federal district court for the district of Massachusetts. Such complaint shall include, but not be limited to: (i) written information confirming that the complainant has visited the relevant manufacturer website and attempted to effect a proper repair utilizing information provided on such website, including communication with customer assistance via the manufacturer's toll-free call-in assistance, if made available by the manufacturer; (ii) written information confirming that the complainant has obtained and utilized the relevant manufacturer's scan or diagnostic tool necessary for such repair; and (iii) evidence of manufacturer notification as set out in subsection (b).
(d) Except in the instance of a dispute arising between a franchisor manufacturer and its franchisee dealer related to either party's compliance with an existing franchise agreement, which is required to be resolved pursuant to chapter 93B, a dealer shall have all the rights and remedies provided in this chapter, including, but not limited to, exercising the rights and remedies allowed an independent repair facility.
(e) Notwithstanding subsections (b) and (c), any owner or independent repair facility authorized by an owner who has been denied access to mechanical data in violation of subsections (d) (1) or (f) of section 2 may initiate a civil action seeking any remedies under law, including any remedy authorized by chapter 93A. Each denial of access in violation of said subsections shall be compensable by an award of treble damages or $10,000, whichever amount is greater.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93l - Student Loan Servicers › Section 1 - Definitions

Section 1. As used in this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
''Commissioner'', the commissioner of banks.
''Person'', a natural person, corporation or other entity.
''Servicing'', (i) receiving or soliciting a scheduled periodic payment from a borrower pursuant to the terms of a student loan and making the principal, interest and other payments to the owner of the loan or other third party with respect to the amounts received from the borrower as may be required pursuant to the terms of the servicing loan document or servicing contract; (ii) maintaining account records for a loan and communicating with the borrower regarding the loan on behalf of the owner of the loan during a period in which no payment is required on the loan; or (iii) interacting with a borrower, including activities to help prevent default on obligations arising from a loan, to facilitate the activities described in clause (i) or clause (ii); provided, however, that the actions of the student loan ombudsman under section 35 of chapter 12 and the actions of the division of banks consumer assistance unit under section 3A of chapter 26 shall not constitute servicing.
''Student loan'', a loan primarily used to finance post-secondary education or other school-related expenses.
''Student loan borrower'', a resident of the commonwealth who has received or agreed to repay a student loan or a person who shares responsibility with that resident for repaying the student loan.
''Student loan servicer'', a person responsible for servicing a student loan to a student loan borrower.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93l - Student Loan Servicers › Section 3 - Surrender of License Upon Cessation of Business

Section 3. Not later than 15 days after a licensed student loan servicer ceases to engage in the business of student loan servicing for any reason including, but not limited to: (i) a business decision to terminate operations in the commonwealth; (ii) license expiration, revocation or termination; (iii) bankruptcy; or (iv) voluntary dissolution, the licensee shall provide written notice of surrender to the commissioner and shall surrender to the commissioner the student loan servicer license or automatic federal student loan servicer license for each location in which the licensee has ceased to engage in such business.
The notice shall include, but not be limited to: (i) the location where the records of the student loan servicer shall be stored; and (ii) the name, address and telephone number of an individual authorized to provide access to the records. The surrender of a student loan servicer license or automatic federal student loan servicer license shall not affect the licensee's civil or criminal liability arising from acts or omissions occurring before the surrender of the license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93l - Student Loan Servicers › Section 4 - Participation in a Multistate Licensing System; Background Investigations

Section 4. The commissioner may participate in a multistate licensing system for the sharing of regulatory information and for the application, by electronic or other means, and licensing of persons engaged in student loan servicing. The commissioner may establish requirements for participation by an applicant in a multistate licensing system that vary from the provisions of this chapter. The commissioner may require a background investigation of each applicant for a student loan servicer license by means of fingerprint and state and national criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 and the Federal Bureau of Investigation.
If the applicant is a partnership, association, corporation or other form of business organization, the commissioner may require a background investigation for each member, director and principal officer of the applicant and any individual acting as a manager of an office location. The applicant shall pay directly to the multistate licensing system any additional fees related to participation in the multistate licensing system.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93l - Student Loan Servicers › Section 5 - Additional or Changed Location of Place of Business; Maintenance of Records

Section 5. (a) If a person licensed as a student loan servicer under subsection (e) of section 2 intends to operate at any place in addition to the address on the license or plans to change the location of its place of business, the licensee shall: (i) notify the commissioner, in writing, not less than 30 days before doing so; and (ii) shall pay a fee for each additional location at a reasonable cost as determined by the commission. Such notice shall contain the address of any additional or changed location and such other information required by the commissioner. A student loan servicer license shall not be transferable or assignable.
(b) A student loan servicer shall maintain adequate records of each student loan transaction for not less than 2 years following the final payment on the student loan or the assignment of the student loan, whichever occurs first, or except as otherwise required by federal law or a contract with the United States Secretary of Education under 20 U.S.C. 1087f. The commissioner may request these records from a student loan servicer and the servicer shall comply with the request not later than 5 business days after the request is received. The commissioner may, upon request, grant a student loan servicer additional time to make such records available.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93l - Student Loan Servicers › Section 6 - Compliance With Federal Laws and Regulations

Section 6. A student loan servicer shall comply with all applicable federal laws and regulations relating to student loan servicing. A violation of a federal law or regulation shall be a violation of this chapter and the commissioner may investigate any such violation pursuant to section 7.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93l - Student Loan Servicers › Section 8 - Unfair Methods of Competition or Unfair or Deceptive Acts or Practices Prohibited

Section 8. A student loan servicer shall not engage in unfair methods of competition or unfair or deceptive acts or practices. A violation of this chapter shall also be a violation of chapter 93A. Nothing in this chapter shall preclude an action being brought under said chapter 93A or any other law.
The commissioner may notify the attorney general or the student loan ombudsman established in section 35 of chapter 12 of a potential violation of this chapter or said chapter 93A.
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 2 - Cleanliness and Sanitary Condition of Bakery and Equipment; Shipping Baskets

Section 2. The floors, walls and ceilings of each bakery, the equipment used in the handling or preparation of bakery products or the ingredients thereof, and the wagons, boxes, baskets and other receptacles in which such products are transported, shall at all times be kept by the owner or operator of the bakery or by the distributor of such products in a clean and sanitary condition and free from dirt and dust, flies, insects and other contaminating matter. All show cases, shelves and other places where bakery products are sold shall at all times be kept by the dealer well covered, properly ventilated, adequately protected from dirt and dust, flies, insects and other contaminating matter, and in a sweet, clean and sanitary condition. Shipping baskets and other containers for transporting bakery products shall be kept clean and, whenever the property of a distributor or dealer, shall not be used for the shipment of other products to any person or concern.
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 3 - Storage, Handling and Transportation of Bakery Products

Section 3. All bakery products and ingredients thereof shall be stored, handled, transported and kept so as to protect them from spoilage, contamination, disease and unwholesomeness. Boxes and other permanent receptacles or containers for the storing, receiving or handling of bakery products shall be so placed and constructed as to be beyond the reach of contamination from streets, alleys and sidewalks and from animals, and shall be kept clean and sanitary by the dealer. No other articles shall be placed therein in addition to said products. No person shall tamper with, injure or contaminate said boxes, receptacles or containers, nor shall any person other than the baker or dealer or his employees remove anything therefrom or place anything 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 4 - Preparation of Bakery Products; Labelling

Section 4. There shall not be used in bakery products or in the ingredients thereof any ingredient or material, including water, which is spoiled or contaminated or which may render the product unwholesome, unfit for food or injurious to health, nor shall there be used in any bakery product any ingredient likely to deceive the consumer or which lessens the nutritive value of such product unless the product is plainly so labelled, branded or tagged, or has thereon a sign making plain to the purchaser or consumer the actual ingredients thereof; provided, that in the case of unwrapped bread to be sold by the loaf such labelling, branding or tagging shall be placed upon the label required under section eight, showing the name of the manufacturer and the net weight of the loaf. Said ingredients and the sale and offering for sale of said products shall otherwise comply with sections one hundred and eighty-six to one hundred and ninety-five, 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 5 - Return of Bakery Products; Movement of Bakery Products to Consumer; Exceptions

Section 5. Except as provided in section six, no bakery products shall be returned from any consumer or other purchaser to the dealer or baker, nor from any dealer to the baker, nor shall any dealer or baker directly or indirectly accept any returns from or make any exchange of bakery products with any person. All such products shall be kept moving to the consumer without unreasonable delay and without any practice whatsoever which may disseminate contagion or disease among or inflict fraud upon consumers, or disseminate ''rope'', so called, or other infection in bakeries, or cause waste in the food supply; provided, that this section, except in so far as may be necessary to prevent such waste, shall not apply to crackers or other bakery products which are packed at the place of production in cartons, cans, boxes or similar permanent containers, except paper or parchment wrappers used in wrapping loaves of bread, and which are so packed and sealed at such place as fully to insure the freshness and wholesomeness of such products and to protect them from contamination, adulteration and deterioration in the course of trade, and which remain in the original unbroken package as packed.
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 6 - Establishment and Enforcement of Rules Relative to Exemptions, Standards and Requirements for Bakeries and Bakery Products

Section 6. The department of public health may, by rule, establish such exemptions as may be necessary to facilitate the sale of any accumulated or unsold stocks of wholesome bakery products, and in other cases consistent with sections two to six, inclusive, and section nine I. The standards and requirements prescribed by sections two to six, inclusive, shall conform to rules and regulations adopted by the department of public health, and said sections and rules and regulations shall be enforced by said department and by local boards of health acting under the supervision 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 7 - Weight of Loaves

Section 7. Except as provided in section eight, bread shall not be manufactured for sale, sold, or offered or exposed for sale otherwise than by weight, and shall be manufactured for sale, sold, or offered or exposed for sale only in units of one pound, one and one half pounds, or multiples of one pound. When multiple loaves are baked, each unit of the loaf shall conform to the weight required by this section. The weights herein specified shall mean net weights not more than twelve hours after baking, or not more than twelve hours after the sale and delivery of such loaves by the manufacturer or by his servant or agent. Such weights shall be determined by the average weight of not less than six loaves; provided, that such average weight shall be determined by the weight of at least twelve loaves whenever such number of loaves is available at the time and place of such weighing; and provided further, that bread found upon any premises occupied for the manufacture of bread for sale, or any bread found in the wagons, trucks, baskets, boxes, or other delivery vehicles or receptacles owned or controlled by the manufacturer of such bread, and being transported or delivered for sale, shall for the purposes of this section be deemed to have been baked within twelve hours unless such bread is marked, designated or segregated as stale bread, under regulations prescribed by the director of standards.
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 8 - Special Provisions as to Rolls and Certain Bread; Unit Weights; Inspection

Section 8. Unit weights, as defined in the preceding section, shall not apply to rolls or to fancy bread weighing less than four ounces, nor to loaves bearing in plain position a plain statement of the weight of the loaf and the name and business address of the manufacturer thereof. Such information shall be stated in case of wrapped bread, upon the wrapper of each loaf; provided that, when cellophane or similar transparent wrappers are employed, the director of standards may authorize the placing of a statement of such information between such transparent wrapper and the top of the loaf in such manner that such statement may be easily read through the wrapper. In the case of unwrapped bread such information shall be stated upon a printed label not larger than one by one and three quarters inches nor smaller than one by one and one half inches. No label, attached to an unwrapped loaf, shall be larger than provided herein, nor shall any such label be affixed in any manner or with any gum or paste which is unsanitary or unwholesome. When an inspection of bread is made at any bakery by the director or any inspector of standards or sealer of weights and measures, the manufacturer of such bread, or his servants or agents, shall, upon request of the official making such inspection, inform him whether such bread is manufactured for sale in any of the standard unit weights prescribed by the preceding section and, if not so manufactured for sale in such standard unit weights, shall furnish such official with samples of the labels or wrappers intended to be used on all such loaves of other than standard unit weights.
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 9 - Enforcement of Rules and Regulations; Seizures; Notice; Hearing Before Director; Appeals

Section 9. The director of standards shall prescribe such rules and regulations as are necessary to enforce the two preceding sections, including reasonable tolerances or variations within which all weights shall be kept; provided, that such tolerances or variations shall not exceed one ounce per pound under the standard unit or marked weight. The said director, and under his direction the local sealers of weights and measures, shall cause this section to be enforced. They may seize without warrant any bread which they may deem necessary to be used as evidence of violation of law, giving a receipt therefor, and such bread shall be returned to the owner or forfeited as the court may direct. Before any prosecution is begun under this section by any inspector of standards, the parties concerned shall be notified and given an opportunity to be heard before the director. Before any prosecution is begun under this section by any sealer or deputy sealer of weights and measures, the parties concerned shall be notified and given an opportunity to be heard before the sealer and shall have the right of appeal to the director of standards; provided, that such appeal is filed with said director in writing within five days from the finding of the local sealer. When such appeal has been entered no prosecution shall be begun until the charges have been reviewed by said 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 9a - Construction of Bakery Rooms; Furniture and Utensils

Section 9A. Every room used for the manufacture of flour or meal food products shall, if required by the board of health, have an impermeable floor constructed of cement or tiles laid in cement, and an additional floor of wood properly saturated with linseed oil. The walls and ceiling of such room shall be plastered or wainscoted, and, if required by the board of health, shall be whitewashed at least once in three months. The furniture and utensils therein shall be so arranged that they and the floor may at all times be kept clean and in good sanitary condition.
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 9c - Notice of Required Alterations to Property Affected by Sec. 9a; Time for Compliance

Section 9C. The owner, agent or lessee of any property affected by section nine A shall, within sixty days after service of written notice requiring any alterations to be made in such property, comply therewith. Such notice may be served upon such owner, agent or lessee personally or by mail directed to his last known address.
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 9d - Regulations of Boards of Health; Posting

Section 9D. Except as provided in section nine F, boards of health may make such further regulations as the public health may require, and shall cause such regulations, together with sections nine A to nine E, inclusive, to be printed and posted in all such bakeries and places of business.
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 9e - Penalties for Violation of Secs. 9a to 9c

Section 9E. Whoever violates any provision of sections nine A to nine C, inclusive, or refuses to comply with any requirement of the board of health authorized therein or in the preceding section shall be punished for a first offence by a fine of not less than twenty nor more than fifty dollars; for the second offence by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not more than ten days; and for any subsequent offence by a fine of not less than two hundred and fifty dollars or by imprisonment for not more than one month, 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 9f - Rules and Regulations of Department of Public Health Applicable to Secs. 9g to 9m

Section 9F. The department of public health may make rules and regulations to carry out sections nine G to nine M, inclusive. Said sections and the rules and regulations shall be enforced by said department and by the local boards of health acting under the supervision of said department; provided, that the provisions of sections nine G and nine H relating to the health of employees shall be enforced by the department of labor and workforce development in accordance with such rules and regulations as it may prescribe. Sections nine G, nine H, nine J and nine M shall not apply to retail stores where bakery products are sold but not produced.
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 9g - Sanitary Requirements of Bakeries

Section 9G. Every bakery shall be constructed, drained, lighted, ventilated and maintained in a clean and sanitary condition, and when and where necessary screened against flies; shall have plumbing and drainage facilities, together with suitable wash basins, wash sinks and toilets or water closets, which shall be kept in a clean and sanitary condition. The said toilets or water closets shall be in rooms having no direct connection with any room in which bakery products or ingredients are prepared, stored, handled or displayed.
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 9h - Dressing Rooms for Bakery Workers or Employees

Section 9H. In connection with every bakery suitable rooms shall be provided for the changing and hanging of the wearing apparel of the workers or employees, which shall be separate and apart from the work, storage and sales rooms, and shall be kept in a clean and sanitary condition.
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 9i - Sitting or Lounging on Tables and Other Equipment Used in Connection With Bakery Products; Animals or Fowls

Section 9I. No person shall sit, lie or lounge or be permitted to sit, lie or lounge upon any of the tables, shelves, boxes or other equipment or accessories used in connection with the production, preparation, packing, storing, display or sale of bakery products. No animals or fowls shall be kept in or permitted to enter any building or part thereof used for such production, preparation, packing, storing, display or sale.
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 9j - Sanitary Regulations for Bakery Employees; Facilities

Section 9J. Before beginning the work of preparing, mixing or handling any ingredients used in the production of bakery products, every person engaged in such work shall wash the hands and arms, and, after using toilets or water closets, shall wash the hands and arms thoroughly and then rinse in clean water; and for this purpose the owner or operator of the bakery shall provide sufficient facilities.
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 9k - Inspection of Bakeries; Notice to Owner, etc., of Failure to Comply With Law; Remedy

Section 9K. If, after inspection, it is found that a bakery is not constructed, maintained, operated or the distribution of its products not conducted in accordance with sections two to six, inclusive, and sections nine F to nine J, inclusive, written notice shall be given to the owner or manager, stating the delinquency, and fixing a reasonable time within which the same shall be remedied and for hearing any party in interest.
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 9l - Closing of Bakery by Order of Department of Public Health or Local Board; Hearing; Appeal

Section 9L. If a bakery is unfit for the production or handling of food or dangerous to the health of its employees, the department of public health or local board may order it closed; provided, that any person aggrieved may be heard before said department or board, and may also appeal before or after the execution of the order, but within thirty days after its issue, to the superior court.
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 9m - Approval of Building Plans and Equipment of New Bakery; Permits

Section 9M. No new bakeries shall be established unless the building plans and equipment proposed to be used have been approved by the local board of health. The board shall refuse a permit for such bakery if the building and equipment do not comply with sections two to six, inclusive, and sections nine F to nine J, inclusive, and rules and regulations made thereunder; provided, that any party in interest may appeal to the department of public health or to the superior court. Said department or court may affirm, reject or modify the findings of the board, and said board shall thereupon proceed in accordance with the order of the court or 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 10 - Penalties for Violation of Secs. 2 to 9 or 9f to 9m

Section 10. Whoever violates any provision of sections two to nine, inclusive, or sections nine F to nine M, inclusive, or of any rule or regulation adopted thereunder, or whoever fails or refuses to comply with any request for information made under authority of said sections, shall be punished by a fine of not more than one hundred dollars.