reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.05 - Rescheduling Arbitration Hearings

Current through Register 1525, July 5, 2024
(1) Either party may request that the
			 arbitrator reschedule the arbitration hearing. The arbitrator shall grant such
			 a request only if received prior to the day of the hearing and only for good
			 cause shown.
(2) Requests to
			 reschedule hearings on the day of the hearing shall be treated according to 201
			 CMR 19.06.
(3) If a request for
			 rescheduling is granted, the arbitrator shall record the date it was received,
			 and assign a new hearing date and location falling within the original 44-day
			 period provided for in 201 CMR 19.04(4) if one is available. Notice of such new
			 date shall be made to both parties by any means appropriate for the time then
			 remaining before the hearing.
(4)
			 The arbitrator or OCABR may reschedule any hearing for good cause. In such
			 case, the procedures outlined in 201 CMR 19.04 will be used.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.06 - Defaults

Current through Register 1525, July 5, 2024
(1) If a party
			 fails to appear at the hearing or requests a rescheduling on the day of the
			 hearing, the arbitrator shall enter judgment by default against that
			 party.
(2) If the defaulting party,
			 within three business days after the hearing, demonstrates good cause to the
			 arbitrator for defaulting, the arbitrator will set aside the default. A new
			 hearing will then be scheduled pursuant to 201 CMR 19.05.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.07 - Withdrawal

Current through Register 1525, July 5, 2024
(1) A consumer may
			 withdraw his request for arbitration at any time prior to the mailing of a
			 written decision by the arbitration firm.
(2) If the arbitrator receives a request for
			 withdrawal prior to the day of the hearing, such request will constitute a
			 withdrawal without prejudice from the arbitration system. In such case, the
			 timeliness of a consumer's request for arbitration will be preserved for two
			 months after the consumer's voluntary withdrawal or the respective time period
			 provided for customized wheelchair filing as specified in 201 CMR 19.03,
			 whichever is later.
(3) If the
			 arbitrator receives a request for withdrawal on or after the day of the hearing
			 it will be deemed a withdrawal with prejudice. After a withdrawal with
			 prejudice, a consumer will be permitted to participate in state-certified
			 arbitration only if the manufacturer, lessor or dealer, as the case may be,
			 voluntarily consents to such proceedings.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.08 - Requests for Information

Current through Register 1525, July 5, 2024
(1)
			 Any party may request information from another provided that it is in writing,
			 will reasonably assist the requesting party in presenting its case, and allows
			 for a reasonable period of time for the gathering of information. The response
			 must be delivered to the requesting party (with a copy to the arbitrator) no
			 later than three business days before the hearing.
(2) Within seven days of any request, any
			 dealer or repair facility or shop which services the consumer's customized
			 wheelchair shall provide a copy of all requested work orders, diagnoses, bills,
			 or other relevant documents or information.
(3) The parties involved are encouraged to
			 provide the foregoing documents at no charge. However, if the number of
			 individual pages requested exceeds 50, the party providing the copies may
			 charge the requesting party the actual cost of all photocopying, not to exceed
			 ten cents per page.
(4) Upon
			 reasonable request received no later than seven days before the scheduled date
			 of the hearing, the consumer shall permit the manufacturer, lessor or dealer to
			 examine and test the customized wheelchair. The consumer shall have the right
			 to be present during any examination or test. The manufacturer, lessor or
			 dealer shall use no tools other than diagnostic tools, and shall not make any
			 repairs or adjustments. The examination shall not be used as a repair
			 attempt.
(5) The parties shall
			 comply with any requests for additional information made by the arbitrator
			 within seven days, or within such period as the arbitrator
			 designates.
(6) The arbitrator may
			 make procedural rulings, in an equitable and efficient manner to resolve any
			 disputes which arise from the foregoing requests for information.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.09 - The Arbitrator

Current through Register 1525, July 5, 2024
(1) A
			 single arbitrator shall conduct each hearing, unless otherwise determined by
			 OCABR. The choice of the arbitrator is not subject to the approval of either
			 party.
(2) The arbitrator shall not
			 have a personal interest in the outcome of any hearing, nor be acquainted with
			 any of the participants, nor hold any prejudice or bias toward any party or
			 class of parties which might be involved in the proceedings. The arbitrator
			 must disclose such fact to the parties prior to the hearing.
(3) If either party has a reasonable basis to
			 believe that an arbitrator has violated 201 CMR 19.09(2), the party may request
			 that the arbitrator be disqualified by submitting the request in writing to the
			 OCABR before the hearing if based on information known at that time.
(4) The arbitrator shall be guided by the
			 standards of ethical conduct established in
The Code of Ethics for
			 Arbitrators in Commercial Disputes
prepared by a Joint Committee
			 consisting of a Special Committee of the American Arbitration Association and a
			 Special Committee of the American Bar Association.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.10 - The Hearing

Current through Register 1525, July 5, 2024
(1) The conduct
			 of the hearing will encourage a full and complete disclosure of the
			 facts.
(2)
Arbitration
			 Hearing Record
. The arbitrator shall record the hearing. Said
			 recording shall be the official record of the hearing and the parties may not
			 make independent recordings of the hearing. Copies of the official recording
			 may be obtained from OCABR for a nominal fee.
(3) The arbitrator shall administer an oath
			 or affirmation to each individual who testifies.
(4) The formal rules of evidence shall not
			 apply. The parties may introduce any relevant evidence that will assist the
			 arbitrator in making a decision. It shall, however, be in the arbitrator's sole
			 discretion whether to allow such evidence and the arbitrator may exclude unduly
			 repetitious or clearly irrelevant evidence.
(5) The consumer or their representative will
			 present their evidence first, then the respondent-manufacturer or its
			 representative or lessor will present its evidence.
(6) The arbitrator shall allow each party to
			 question the other after his or her presentation and shall allow questions of
			 each witness after his or her testimony. The arbitrator may question any party
			 or witness at any time.
(7) Each
			 party is responsible for presenting all his or her evidence in a concise manner
			 on the day(s) of the hearing.
(8)
			 All written testimony shall include a statement signed by the witness under
			 oath that his or her testimony is true.
(9) The consumer shall bring the customized
			 wheelchair to the hearing unless the consumer provides a reasonable basis to
			 believe that it is inoperable or unsafe to operate. The arbitrator may, in his
			 or her discretion, examine the customized wheelchair.
(10) After a warning, the arbitrator may
			 terminate any hearing that becomes unmanageable due to the behavior of either
			 party and enter judgment by default against the party whose behavior made the
			 hearing unmanageable.
(11) The
			 arbitrator shall have discretion to allow a party to present its case by
			 telephone or other medium, upon a showing of good cause by the party making
			 such request, and provided that the party has given no less than two hours
			 advance notice to the arbitrator and to the other party. In such cases, the
			 party requesting the hearing by telephone or other medium shall pay all costs
			 associated therewith including, but not limited to, costs for long distance
			 calls, conference calls, and telephone amplification equipment.
(12) Unless the arbitrator receives a
			 consumer's written consent to a delayed decision, the arbitrator may keep the
			 record open only for additional evidence that the arbitrator requests if that
			 will not interfere with the timely rendering of a decision. Such additional
			 evidence shall be provided to both parties.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.11 - The Decision

Current through Register 1525, July 5, 2024
(1) All
			 decisions shall be in writing, dated and signed by the arbitrator, and sent to
			 OCABR. The arbitrator shall submit an arbitration decision to OCABR, unless the
			 arbitrator requests and is granted a reasonable extension by OCABR upon a
			 showing of good cause. The OCABR shall send a copy of the decision to both
			 parties.
(2) The arbitrator may
			 make an oral decision at the hearing however, it shall not be binding until a
			 written decision is sent, and shall not be used to determine compliance with
			 any time-sensitive deadlines. The arbitrator's decision is final.
(3) The full written decision shall contain a
			 summary of the evidence presented, a finding of facts, a conclusion of whether
			 the customized wheelchair meets the standards for refund or replacement, a
			 clear calculation of the monetary award if the customized wheelchair meets such
			 standards, and an order if appropriate.
(4) The arbitrator shall send a decision in
			 each case within 45 days of the acceptance date stamped on the request for
			 arbitration form. Failure to send the decision within such time period, or to
			 hold the hearing within 44 days of acceptance of the request for arbitration,
			 shall not invalidate the decision.
(5) The date on which the decision is sent
			 shall determine compliance with the 45-day requirement and be the date used to
			 calculate appeal deadlines.
(6) The
			 arbitrator's decision shall only determine whether the customized wheelchair
			 does or does not meet the standards for refund or replacement.
(7) Any monetary award for customized
			 wheelchair arbitration shall be calculated in accordance with M.G.L. c. 93,
			 § 107, but may be affected by any previous awards or settlements made to
			 the consumer.
(8) The consumer
			 shall be reimbursed for all continuing costs upon return of the defective
			 customized wheelchair if the consumer has previously submitted documentation to
			 the manufacturer and OCABR that such costs have been accrued.
(9) The arbitrator shall make the following
			 findings with respect to customized wheelchairs:
(a) As long as the arbitrator determines
			 that:
1. The nonconformity(s) complained of
			 substantially impairs the use, value, or safety of the customized wheelchair;
			 and
2. The consumer gave the
			 manufacturer, lessor or dealer a reasonable number of attempts to repair the
			 customized wheelchair as defined in M.G.L. c. 93, § 107(A)(1);
			 and
3. All other requirements of
			 M.G.L. c. 93, § 107 have been met, the arbitrator must find for the
			 consumer, and order the manufacturer, dealer or lessor to make a refund or
			 replacement at the consumer's option within 30 days of the finding in favor of
			 the consumer.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.12 - Disputing the Arbitrator's Decision

Current through Register 1525, July 5, 2024
(1) The arbitrator or OCABR may make
			 "technical corrections" to an arbitrator's decision. "Technical corrections"
			 shall generally be defined as non-substantive computational corrections,
			 typographical corrections, or other minor corrections.
(2) Either party may request a technical
			 correction in writing, setting forth the requested correction and reason
			 therefor, and must be received by the OCABR within 14 days of the mailing of
			 the arbitrator's full written decision. A request for technical corrections
			 shall not stop the running of the 21-day appeal of award period.
(3) All claims concerning procedural
			 irregularities, or complaints concerning an arbitrator's conduct or legal
			 errors should be made by parties in writing to the OCABR. This information is
			 requested to assist the OCABR in its oversight of the arbitration process and
			 will not constitute an appeal of any kind.
(4) A dissatisfied manufacturer or dealer
			 may, within 21 days from the issuance of the arbitrator's decision, file an
			 appeal of such decision through a court of competent jurisdiction. In addition
			 to any other rights and remedies, a dissatisfied consumer shall have the right
			 to file suit against the manufacturer, dealer or lessor under M.G.L. c. 93
			 § 107(E) and (F).
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.13 - Damaged Customized Wheelchair

Current through Register 1525, July 5, 2024
(1)
			 If a customized wheelchair that is the subject of arbitration is damaged beyond
			 reasonable wear and tear through no fault of the dealer, lessor or
			 manufacturer, and that damage is unrelated to the defect, the consumer must:
(a) repair the damage;
(b) pay to the dealer the reasonable costs of
			 repair; or
(c) allow a deduction
			 from the award for the reasonable costs of repair.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.14 - Manufacturer Warranty Repairs

Current through Register 1525, July 5, 2024
Defects that involve parts that are covered under an express
				warranty issued by the manufacturer of the customized wheelchair will be
				excluded from the warranty required by M.G.L. c. 93, § 107(B), provided
				that the following conditions are met:
(1) the dealer gives the consumer a copy of
			 the manufacturer's warranty at the time of sale;
(2) the manufacturer's warranty has been duly
			 assigned or transferred to the consumer;
(3) the manufacturer's warranty is
			 enforceable by the consumer according to its terms;
(4) the manufacturer's warranty is not
			 inconsistent with M.G.L. c. 93, § 107(B); and
(5) the dealer assures that the defect(s)
			 covered by the manufacturer's express warranty is repaired.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.15 - Notices to Consumers

Current through Register 1525, July 5, 2024
(1) A Notice to
			 Consumers shall be conspicuously displayed for consumers in the location or
			 business where the customized wheelchairs are sold, offered for sale, or on
			 display in the Commonwealth of Massachusetts.
Such Notice shall state:
ATTENTION CONSUMERS
The Massachusetts "Customized Wheelchair Lemon Law", M.G.L. c.
				93, § 107, provides protection for consumers who have a defective,
				customized wheelchair and have paid out of pocket for all or part of the cost
				of the customized wheelchair.
UNDER THE CUSTOMIZED WHEELCHAIR LEMON LAW, YOU HAVE A RIGHT TO
				A REFUND OR REPLACEMENT OF THE CUSTOMIZED WHEELCHAIR IF:
(a) there is a substantial defect(s);
			 and
(b) the defect still exists or
			 has recurred after either:
1. four or more
			 repair attempts for the same defect; or
2. being out of service for an aggregate of
			 at least 30 days because of a warranty nonconformity, within one year after
			 original delivery; and
(c) the manufacturer has been notified of the
			 defect and given one final repair attempt of no more than seven business days.
IF THE MANUFACTURER DOES NOT REFUND OR REPLACE THE CUSTOMIZED
				WHEELCHAIR, YOU HAVE A RIGHT TO HAVE YOUR CASE ARBITRATED BY A STATE
				ADMINISTERED ARBITRATION PROGRAM ARBITRATOR.
FOR MORE INFORMATION, REFER TO THE "CUSTOMIZED WHEELCHAIR LEMON
				LAW" INFORMATION PROVIDED WFTH YOUR OWNERSHIP MANUAL MATERIALS, OR
				CONTACT:
Office of Consumer Affairs and Business Regulation
				http://www.mass.gov/ocabr/
Customized Wheelchair Lemon Law Information: (617) 973-8733,
				1-888-283-3757
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.16 - Noncompliance with Award-notification to the Attorney General

Current through Register 1525, July 5, 2024
If the customized wheelchair manufacturer, dealer or lessor
				fails to comply with the arbitrator's decision to refund or replace the
				customized wheelchair for the consumer, according to the terms set forth by the
				arbitrator in his or her decision, the consumer may notify the Attorney General
				who may initiate legal proceedings in superior court against said manufacturer,
				dealer or lessor to enforce such decision and for such other relief as may be
				appropriate.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.17 - Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1)
			 All correspondence by parties to OCABR should be directed to the attention of
			 the Customized Wheelchair Arbitration Program Coordinator.
(2) Situations not covered in 201 CMR 19.00
			 shall be handled by OCABR or the arbitrator in an equitable and efficient
			 manner.
(3) OCABR may issue
			 advisory opinions regarding issues arising in the arbitration
			 program.
(4) Upon a finding of
			 extraordinary circumstances, OCABR may, in its sole discretion, waive any of
			 201 CMR 19.00, if such waiver would be in the public interest, and serve to
			 carry out the purpose or intent of the Customized Wheelchair Arbitration
			 Program.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 2.00 - Massachusetts Standards (advertising And Sale Of Motor Fuel) › Section 2.06 - Advertising and Sale of Motor Fuel and Lubricating Oil at Retail

Current through Register 1525, July 5, 2024
Every advertisement and sale of motor fuel and lubricating oil at retail shall be in full compliance with 202 CMR 2.06 on or before January 1, 2010.
(1)
The Display of Price Advertising Signs
. Each pump or other dispensing device, including computing pumps, from which motor fuel is sold at retail shall have attached or affixed atop the dispenser at least one sign for each grade being dispensed therefrom of weatherproof material in a plain and conspicuous position showing the price per gallon of motor fuel sold therefrom. Each face of said sign shall be deemed one sign. In addition, if a discount is offered for cash sales the words "cash" shall be included in the applicable portion of the sign. When "cash" sales and other types of sales are made from the same dispenser both prices shall be posted and clearly labeled with the type of sale the price refers,
i.e
. "cash", "credit", "credit/debit" or the condition of sale required for the non-cash price posted in print no smaller than ¾ of an inch in height.
(a) The prices shown shall be the unit price per gallon, which price shall include all taxes imposed, both federal and state.
(b) Each and all of the letters, figures or numerals of such sign shall be plainly legible, and shall be of the same type and design. All printed signs shall be black lettering and figures imposed on a white background or white lettering and figures imposed on a black background. Electronic signs shall be of contrasting colors between the lettering and the background, shall include no wording or figures other than those required by 202 CMR 2.06(1) and (2), and said lettering and figures shall be clearly visible both day and night.
(c) All figures or numerals on each sign shall be at least four inches high and all lines or marks used in the making of such figures or numerals shall be at least c-inch in width and the over-all height of any figure or numeral, except the figure one, shall not be greater than three times the over-all width of such figure or numeral. Minimum size of the sign including the frame must be no less than eight inches in height and ten inches in length.
(d) If a fraction of a cent is a part of the price per gallon and it is expressed as a common fraction with numerator and denominator, the total height of such fraction shall be equal to that of a whole number used on such sign, and the numerator and denominator shall be of equal sizes in relation to each other. If dollar and decimal places are used to indicate the price per gallon all numerals shall be of the same size.
Said sign or signs shall be placed in a plain and conspicuous position so as to be easily visible from any position a customer may reasonably be expected to assume. If service of motor fuel may be made from more than one side of such dispensing device, signs shall be placed so as to be visible from both service sides of such device.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 2.00 - Massachusetts Standards (advertising And Sale Of Motor Fuel) › Section 2.10 - Minimum Standards of Strength and Quality for Anti-freeze

Current through Register 1525, July 5, 2024
(1) Sampling and preparation of anti-freeze shall be in accordance with ASTM Method: D1176.
(2) Maximum Freezing point of anti-freeze solution having Methanol Base shall be -46°F, 50% by volume in distilled water mixture. (ASTM Method: D1177).
(3) Maximum freezing point of anti-freeze solution having an Ethylene Glycol Base shall be -34°F with 50% by volume in distilled water mixture. (ASTM Method: D1177).
(4) The minimum equilibrium boiling point for anti-freeze having a Methanol Base shall be 148.5°F. (ASTM Method: D1120).
(5) The minimum equilibrium boiling point for anti-freeze having an Ethylene Glycol Base shall be 300°F. (ASTM Method: D1120).
(6) Specific gravity, 60/60F for anti-freeze having Methanol Base shall be minimum 0.790, maximum 0.815. (ASTM Method: D1122).
(7) Specific gravity, 60/60F for anti-freeze having Ethylene Glycol Base shall be minimum 1.114, maximum 1.150. (ASTM Method: D1122).
(8) The maximum ash content by weight for anti-freeze having Methanol Base shall be 3.5%. (ASTM Method: D1119).
(9) The maximum ash content by weight for anti-freeze having an Ethylene Glycol Base shall be 5.0%. (ASTM Method: D1119).
(10) The maximum water content by weight for anti-freeze Methanol and Ethylene Glycol Base shall be 5.0%. (ASTM Method: D1 123).
(11) Corrosion, 33
a%
by volume in water for copper, brass, steel, and cast iron 10 mg. and for solder and aluminum 20 mg. maximum loss per specimen. (ASTM Method: D1384).
(12) Foaming, 33 a % by volume in water; height of foam, 150 ml. maximum; and break time, five seconds maximum. (ASTM Method: D1881).
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 2.00 - Massachusetts Standards (advertising And Sale Of Motor Fuel) › Section 2.11 - Standards for the Various Grades of Heating Oils Requiring Manufacturers or Distributors to Furnish Samples of the Same, and Providing for the Entry and Inspection of the Premises of Such Manufacturers or Distributors, and the Inspection of Heating Oils Stored Thereon

Current through Register 1525, July 5, 2024
(1)
Scope
. 202 CMR 2.11 covers grades of heating oil intended for use in various types of fuel-burning equipment under various operating conditions.
(2)
General Requirements
.
(a) The grades of heating oil specified in 202 CMR 2.11 shall be homogeneous hydrocarbon oils, free from inorganic acid, and free from excessive amounts of solid or fibrous foreign matter likely to make frequent cleaning of strainers necessary.
(b) Grades containing residual oil shall remain homogeneous in normal storage and not separate into light and heavy components.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.01 - Foreword

Current through Register 1525, July 5, 2024
The Model State Packaging and Labeling Regulation was first adopted during the 37th National Conference on Weights and Measures in 1952. Reporting to the Conference, the Committee on Legislation stated:
The National Conference should adopta model package regulation for the guidance of those States authorized to adopt such a regulation under provisions of their weights and measures laws. Since so much of the work of weights and measures officials in the package field concerns food products, the importance of uniformity between the Federal Food and Drug Administration's regulations and any model regulations to be adopted by this Conference cannot be overemphasized.
Since its inception, the Model Packaging Regulation has been continually revised to meet the complexities of an enormous expansion in the packaging industry -- an expansion which, in late 1966, brought about the passage of the Fair Packaging and Labeling Act. Recognizing the need for compatibility with the Federal Act, the Committee on Laws and Regulations of the 53rd National Conference in 1968 amended the Model Packaging and Labeling Regulation to parallel regulations adopted by Federal agencies under FPLA. The process of amending and revising this Regulation is a continuing one, in order to keep it current with practices in the packaging field and make it compatible with appropriate Federal Regulations.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.02 - Application

Current through Register 1525, July 5, 2024
202 CMR 3.00 shall apply to packages and to commodities in package form, but shall not apply to:
(1) inner wrappings not intended to be individually sold to the customer,
(2) shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion apply to packages of consumer or Non-consumer commodities, as defined here in,
(3) auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity,
(4) containers used for retail tray pack displays when the container itself is not intended to be sold (e.g., the tray that is used to display individual envelopes of seasonings, gravies, etc. and the tray itself is not intended to be sold),
(5) commodities put up in variable weights and sizes for sale intact and intended to be either weighed or measured at the time of sale, where no package quantities are represented, and where the method of sale is clearly indicated in close proximity to the quantity being sold, or
(6) open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed, or graphic matter obscuring the label information required by 202 CMR 3.00.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.04 - Identity

Current through Register 1525, July 5, 2024
(1)
Declaration of Identity: Consumer Package
. A declaration of identity on a consumer package shall appear on the principal display panel, and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like.
(2)
Parallel Identity Declaration: Consumer Package
. A declaration of identity on a consumer package shall appear generally parallel to the base on which the package rests as it is designed to be displayed.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.05 - Declaration of Identity: Non-consumer Package

Current through Register 1525, July 5, 2024
A declaration of identity on a Non-consumer package shall appear on the outside of a package and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.06 - Declaration of Responsibility: Consumer and Non-consumer Packages

Current through Register 1525, July 5, 2024
Any package kept, offered, or exposed for sale, or sold, at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name, or, when not incorporated, the name under which the business is conducted. The address shall include street address, city, state, and ZIP Code; however, the street address may be omitted if this is shown in a current city directory or telephone directory. The requirement for inclusion of the ZIP Code shall apply only to labels that have been developed or revised after July 1, 1968.
If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity, such as "Manufacture for and packed by _____," "Distributed by _____," or any other wording of similar import that expresses the facts.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.07 - Declaration of Quantity: Consumer Packages

Current through Register 1525, July 5, 2024
(1)
Largest Whole Unit
. Where 202 CMR 3.00 requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed in
(a) common or decimal fractions of such largest whole unit, or in
(b) the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.08 - Declaration of Quantity: Non-consumer Packages

Current through Register 1525, July 5, 2024
(1)
Location
. A Non-consumer package shall bear on the outside a declaration of the net quantity of contents. Such declaration shall be in terms of the largest whole unit (see 202 CMR 3.07(1)  Largest Whole Unit).
(2)
Terms: Weight, Liquid Measure, or Count
. The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or in terms of weight if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity.
(3)
Units: Weight, Measure
. A declaration of quantity
(a) in units of weight shall be in terms of the avoirdupois pound or ounce;
(b) in units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and shall express the volume at 68°F (20°C), except in the case of petroleum products, for which the declaration shall express the volume at 60°F (15.6°C), and except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40°F (4°C);
(c) in units of linear measure shall be in terms of the yard, foot, or inch;
(d) in units of area measure, shall be in terms of the square yard, square foot, or square inch;
(e) in units of dry measure shall be in terms of the United States bushel of 2,150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel;
(f) in units of cubic measure shall be in terms of the cubic yard, cubic foot, or cubic inch:
Provided
, that nothing in 202 CMR 3.08(3) shall prohibit the labeling of Non- consumer packages in terms of units of the metric system.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.09 - Prominence and Placement: Consumer Packages

Current through Register 1525, July 5, 2024
(1)
General
. All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
(a)
Location
. The declaration or declarations of quantity of the contents of a package shall appear in the bottom 30% of the principal display panel or panels, except as otherwise provided in 202 CMR 3.11(7)  Cylindrical Containers.
(b)
Style of Type or Lettering
. The declaration or declarations of quantity shall be in such a style of type or lettering as to be boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface is permissible when all label information is blown, formed, or molded on the surface.
(c)
Color Contrast
. The declaration or declarations of quantity shall be in a color that contrasts conspicuously with its background, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface shall not be required to be presented in a contrasting color if no required label information is on the surface in a contrasting color.
(d)
Free Area
. The area surrounding the quantity declaration shall be free of printed information
1. above and below, by a space equal to at least the height of the lettering in the declaration, and
2. to the left and right, by a space equal to twice the width of the letter "N " of the style and size of type used in the declaration.
(e)
Parallel Quantity Declaration
. The quantity declaration shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be displayed.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.10 - Prominence and Placement: Non-consumer Packages

Current through Register 1525, July 5, 2024
All information required to appear on a Non-consumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.11 - Requirements: Specific Consumer Commodities, Packages, Containers

Current through Register 1525, July 5, 2024
(1)
Display Card Package
. For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.
(2)
Eggs
. When cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.
(3)
Aerosols and Similar Pressurized Containers
. The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight, that will be expelled when the instructions for use as shown on the container are followed.
(4)
Multi-Unit Packages
. Any package containing more than one individual "commodity in package form" (see 202 CMR 3.03(1)  ) of the same commodity shall bear on the outside of the package a declaration of
(a) the number of individual units,
(b) the quantity of each individual unit, and
(c) the total quantity of the contents of the multi-unit package:
Provided
, that the requirement for a declaration of the total quantity of contents of a multi-unit package shall be effective with respect to those labels revised after the effective date of this regulation, or as of January 1, 1970, whichever occurs first. Any such declaration of total quantity shall not be required to include the parenthetical quantity statement of a dual quantity representation.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.12 - Exemptions

Current through Register 1525, July 5, 2024
(1)
Genera
l. Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit (except see 202 CMR 3.11(4)(c)  ).
(2)
Random Packages
. A random package bearing a label conspicuously declaring
(a) the net weight,
(b) the price per pound, and
(c) the total price shall be exempt from the type size, dual declaration, placement, and free area requirements of 202 CMR 3.00. In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is offered or exposed for sale at retail.
This exemption shall also apply to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by 202 CMR 3.12.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 3.00 - Model State Packaging And Labeling › Section 3.13 - Variations to be Allowed

Current through Register 1525, July 5, 2024
(1)
Packaging Variations.
(a)
Variations from Declared Net Quantity
. Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practice, but such variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity, or a lot of the commodity that is kept, offered, or exposed for sale, or sold, is below the quantity stated, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.
(b)
Variations Resulting from Exposure
. Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce:
Provided
, that the phrase "introduced into intrastate commerce" as used in 202 CMR 3.13(1)(b) shall be construed to define the time and the place at which the first sale and delivery of a package is made within the state, the delivery being either
1. directly to the purchaser or to his agent, or
2. to a common carrier for shipment to the purchaser, and this paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or the person who introduces the package into intrastate commerce, exposure variations shall not be permitted.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.01 - Definitions

Current through Register 1525, July 5, 2024
Packaged Commodity
means any food, drug, device or cosmetic and any other article, product, or commodity of any kind or class which is customarily necessary or used for personal, family or household use and offered for sale at retail and which is listed in 202 CMR 5.05.
(a)
Unit Price
means the price per measure
(b)
Item Price
means the total sales price For the purpose of enforcing 202 CMR 5.00:
1. Goods sold in case lots will be considered one whole unit.
2. Multi-Paks will be considered one whole unit, provided the items comprising the multi-pak are not sold individually.
3. Case lot and pallet displays - items contained therein sold individually. All items, unless exempted, must be marked with the retail price. For enforcement purposes, only those items in the layers of cases exposed for sale in the display will have to be price marked.
(c)
Retail Store
means any retail outlet including wholesale clubs and membership warehouses that sells or offers for sale any packaged commodity that is listed in 202 CMR 5.01.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.02 - Exemptions

Current through Register 1525, July 5, 2024
Sellers at retail need not comply with the provisions of 202 CMR 5.00 as to the following packaged commodities:
(1) Medicine sold by prescription only:
(2) Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act.
(3) Such packaged commodities which are required to be marked individually with the cost per unit of weight under the provisions of M.GL. c. 94, § 181.
(4) Packaged commodities which are sold in packages containing one or two of the units of measure prescribed in 202 CMR 5.00 and which have an item price plainly marked thereon; but only the particular packaged commodity in such units shall be exempt. All other items in excess of two multiples of the unit of measure must be unit priced.
(5) Packaged commodities sold by any retail establishment operated by a person as his sole place of business shall be exempt from 202 CMR 5.00 if gross annual sales are less than $1,000,000.
(6) "Deal Items", such as, Cents Of i Bonus Packs, Percent Off, Half Price, or manufacturer "Pre-Priced" Items, if the same as or lower than regular selling price, provided the unit price is posted as required for "Non Deal" items.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.03 - Means of Disclosure

Current through Register 1525, July 5, 2024
All retail establishments subject to 202 CMR 5.00 shall disclose the unit price and item price to consumers in the following manner :
(1) The unit price label, stamp or tag must consist of no more than two dominant segments.
(a) The left-hand segment of the label, stamp or tag must be orange: the other part of the label must be primarily white:
1. Orange shall be defined for purposes of 202 CMR 5.00 as being measured inclusively between the wavelengths of 595 and 620 millimicrons (or between 5950 and 6200 angstroms) on a normal color spectrum. For purposes of everyday recognition and operation, only the following identifying numbers for orange, as found in the U.S. Government General Services Administration Federal Standards Publication (Color-card) #595a and change notice 3, revised January 2, 1968, will be considered in compliance with the above specification: #22510, #12473, and #32246.
2. When a label at any time fails to fall within the color range specified in 202 CMR 5.03(1)(b)1., even though it may be due to the fading of the color, said label shall not be considered in compliance with 202 CMR 5.00.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.04 - Price Per Measure

Current through Register 1525, July 5, 2024
Unless otherwise specified in 202 CMR 5.05, the unit price shall be expressed as:
(1) Price per pound for commodities whose net quantity is customarily expressed in units of pounds or
(2) For purposes of price comparison all semi-viscous commodities of the same generic kind, if packaged in both terms of weight and fluid measure, shall be unit priced by the pound if packaged in terms of weight or by the pint if packaged in terms of fluid measure.
(3) Price per pint, quart, or gallon for commodities whose net quantity is customarily expressed in units of pints, quarts, gallons or fluid ounces, or a combination thereof
(4) Price per 100 feet or 100 square feet, as appropriate, for commodities whose net quantity is customarily expressed in units of feet, inches, square feet or square yards.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.06 - Extension of Time for Compliance

Current through Register 1525, July 5, 2024
(1) Any retail establishment which is unable to comply with 202 CMR 5.00 within the time set forth herein, may apply to the Director of Standards for permission to extend such time for compliance for a period not to exceed 3 0 days. Such retail establishment shall set forth, in as much detail as possible, the reasons for its inability to comply. The Director of Standards may extend such period from time to time, upon such terms and conditions as he may deem reasonable.
(2) Exemption from compliance with the requirements of any of the provisions of 202 CMR 5.03 through 5.05 may be granted for cause by the Director of Standards upon the filing of a statement, setting forth the reason for inability to comply with any of the requirements of 202 CMR 5.03 through 5.05. Any such exemption shall be granted by the Director of Standards for such period of time as he may deem reasonable.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.07 - Responsibility for Compliance

Current through Register 1525, July 5, 2024
In the event of a violation of 202 CMR 5.00, the manager, or individual in charge of such retail establishment, and the individual or corporation employing such manager or individual in charge where applicable shall be deemed to be responsible for compliance by such retail establishment with the requirements of 202 CMR 5.00.