reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 541.000 - Repealed

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
M.G.L. c. 94, §§ 12, 48A, 192, 305B; c. 111,
				§§ 5 and 184A.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 561.000 - Repealed

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
105 CMR 561.000: M.G.L. c. 94, §§ 65G through 65U,
				192, 305A, 305B; c. 111, § 5.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 570.000 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
105 CMR 570.000: M.G.L. c. 94, §§ 10E, 192, 305A,
				305B; c. 111, § 5.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.002 - Management and Personnel

Current through Register 1525, July 5, 2024
Adopt Chapter 2 "Management and Personnel" of the
2013
				Food Code
with the following amendments:
(A) In FC 2-101.11 Assignment.
(1) Paragraph (A) is stricken and replaced by
			 the following:
" (A) Except as specified in
			 Paragraph (F) of this section, the permit holder shall be the person in charge
			 or shall designate a person in charge and shall ensure that a person in charge
			 is present at the food establishment during all hours of the operation. The
			 owner or person(s) in charge shall designate an alternate person to be in
			 charge at all times when they cannot be present. The alternate, when acting as
			 the person in charge shall be responsible for all duties specified in FC
			 2-103.11 and must be adequately trained by the person in charge to ensure that
			 the establishment operates in compliance with
			 105 CMR
			 590.000.
(B) In addition to the provisions in FC
			 2-101.11(A), each food establishment shall employ at least one person in charge
			 who shall be an on-site manager or supervisor and is 18 years of age or older
			 and who by being a certified food protection manager has shown proficiency of
			 required information through passing a certification examination that is part
			 of an accredited program recognized by the Department.
(C) Documentation that at least one person in
			 charge has demonstrated knowledge of food safety as specified in FC 2-101.11(A)
			 shall be prominently posted in the establishment next to the food establishment
			 permit. Such documentation shall be removed when the individual(s) is no longer
			 employed on-site by the establishment.
(D) If a person in charge, after attending a
			 training program, fails to pass the certification examination after two
			 attempts, the permit holder may request a variance for this individual based
			 on:
(a) Signed documentation from the
			 instructor that the person in charge participated in a food safety training
			 program, provided that the instructor's qualifications and course content meet
			 the standards provided in the Department's
Massachusetts Guideline for
			 Training and Testing
; and
(b) The facility being in full compliance
			 with 105 CMR
			 590.000.
(E) If the person(s) in charge with
			 demonstrated knowledge of food safety is transferred, terminated or terminates
			 employment, the owner or permit holder shall notify the board of health in
			 writing and have 60 days to employ a replacement. The board of health may grant
			 an extension not to exceed an additional 60 days to comply with this
			 requirement if deemed necessary."
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.003 - Food

Current through Register 1525, July 5, 2024
Adopt Chapter 3 "Food" of the
2013 Food Code
with the following amendments:
(A) In
FC 3-201.11 Compliance with Food Law
.
(1) Paragraph (B) is stricken and replaced by
			 the following: "Food prepared in a private home may not be used or offered for
			 human consumption in a food establishment except as provided in
			 105 CMR
			 590.000."
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.004 - Equipment Utensils and Linen

Current through Register 1525, July 5, 2024
Adopt Chapter 4 "Equipment, Utensils, and Linens" of the
2013 Food Code
with no amendments.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.005 - Water, Plumbing and Waste

Current through Register 1525, July 5, 2024
Adopt Chapter 5 "Water, Plumbing, and Waste" of the
2013 Food Code
with the following amendments:
(A) In FC 5-101.13 Bottled Drinking Water,
			 the entire text is stricken and replaced by the following:
"Bottled drinking water used or sold in a food establishment
				shall be obtained from sources which comply with 105 CMR 500.090 through 105
				CMR 500.094."
(B) In FC
			 5-102.11 Standards, the following is added as Paragraph (C): "In addition to
			 requirements in FC 5-102.11, water from a public water system shall meet
			 requirements set forth in 310 CMR 22.00:
Drinking
			 Water
."
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.006 - Physical Facilities

Current through Register 1525, July 5, 2024
Adopt Chapter 6 "Physical Facilities" of the
2013 Food
				Code
with no amendments.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.007 - Poisonous or Toxic Materials

Current through Register 1525, July 5, 2024
Adopt Chapter 7 "Poisonous or Toxic Materials" of the
2013 Food Code
with no amendments.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.008 - Compliance and Enforcement

Current through Register 1525, July 5, 2024
Adopt Chapter 8 "Compliance and Enforcement" of the
2013 Food Code
with the following amendments:
(A) After
FC 8-103.12 Conformance
			 with Approved Procedures
, the following section is added:
"8-103.15
Variances
.
In addition to requirements set forth in FC 8-103
				Variances:
(A) Any variance granted by
			 the board of health shall be in writing. A copy of any such variance shall,
			 while it is in effect, be available to the public at all reasonable hours in
			 the office of the clerk of the city or town, or in the office of the board of
			 health. Copies of all variances shall be provided to the Director upon
			 request.
(B) Any variance may be
			 subject to such qualification, revocation, suspension, or expiration as the
			 board of health expresses in its grant. A variance may otherwise be revoked,
			 modified, or suspended, in whole or in part, only after the holder thereof has
			 been notified in writing and has been given an opportunity to be heard in
			 conformity with the requirements for an order and hearing in
			 105 CMR
			 590.015."
(B) After
FC 8-201.14 Contents of
			 a HACCP Plan
, the following section is added:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.009 - Special Requirements

Current through Register 1525, July 5, 2024
(A)
Scope
. FC 8-1 through 8-5 and 105 CMR 590.009 through
			 590.018 shall
			 govern the administration and enforcement of
			 105 CMR
			 590.000 in
lieu
of 105 CMR 400.000:
The State Sanitary Code, Chapter I: General Administrative
			 Procedures
.
(B)
Local Enforcement
. Unless otherwise expressly provided
			 in 105 CMR 590.009, each board of health is responsible for the administration
			 and enforcement of
			 105 CMR
			 590.000 and may enforce
			 105 CMR
			 590.000 by suspension or revocation of permits in
			 accordance with
			 105 CMR
			 590.014 or otherwise at law or in equity in
			 the same manner that local rules and regulations are enforced.
(C)
Food Establishments Outside
			 Jurisdiction of Board of Health
. Food from a food establishment
			 outside the jurisdiction of the board of health of any particular city, town or
			 other legally constituted governmental unit may be sold or served within such
			 municipality if such food establishment complies with the provisions of
			 105 CMR
			 590.000. To determine the extent of compliance with
			 such provisions, the board of health may accept reports of the responsible
			 authorities in the other jurisdiction where such food establishment is located
			 or from the Director, or may inspect such establishment accompanied by the
			 responsible authorities in the other jurisdiction.
(D)
State
			 Enforcement
.
(1) If as a result
			 of any study, inspection, or survey made by the Department, the Commissioner or
			 his or her authorized representative determines that compliance with
			 105 CMR
			 590.000 has not been effected, he shall, in writing,
			 notify the appropriate board of health of such determination, allotting a
			 reasonable time in which compliance shall be effected, and requesting that the
			 board of health, in writing, notify the Commissioner of what action will be and
			 has been taken, to effect compliance with
			 105 CMR
			 590.000.
(2) If the Commissioner is not so notified,
			 or if after notification he or she determines that action sufficient to effect
			 compliance with the provisions of
			 105 CMR
			 590.000 has not been taken, the board of health shall
			 be deemed to have failed to effect compliance with
			 105 CMR
			 590.000.
(3) Whenever any board of health has failed
			 after a reasonable length of time to enforce
			 105 CMR
			 590.000, the Department may enforce
			 105 CMR
			 590.000 in any way that a local board of health is
			 authorized to act to effect compliance.
(4) Notwithstanding any other provision of
			 105 CMR
			 590.000, if the Department determines that an imminent
			 health hazard exists resulting from the operation of a food establishment it
			 may without prior notice to the board of health take whatever action is
			 necessary to effect compliance with
			 105 CMR
			 590.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.010 - Guidance on Retail Operations

Current through Register 1525, July 5, 2024
(A)
Caterers
.
(1)
Base of Operations
. Each caterer shall have as its
			 base of operations a food establishment that shall comply with the provisions
			 of 105 CMR
			 590.000, except that a facility holding a permit as a
			 residential kitchen shall not serve as the base of operations for a
			 caterer.
(2)
Notification
. Each caterer shall:
(a) Give written notice to the board of
			 health of the city or town in which it plans to serve a meal prior to or within
			 72 hours after serving any meal elsewhere than in its own food service
			 establishment; and
(b) If required
			 by the board of health or its agent, provide the board with a copy of its food
			 service establishment permit prior to serving a meal in a city or town other
			 than the one in which its food service establishment is located.
(3)
Contract
			 Meals
. A retail food establishment that delivers ready-to-eat
			 meals to schools, senior centers and other institutional feeding sites is
			 exempt from licensure as a wholesale food processor under M.G.L. 94, §
			 305C, if the retail food establishment meets the following criteria:
(a) Food is pre-ordered for a single
			 meal;
(b) Meals are prepared and
			 delivered for a specific meal, either in individual portions or in bulk
			 portions intended for individual service or resale at a specific
			 meal;
(c) Meals are fully cooked or
			 prepared by the food establishment; and
(d) Meals are stored and delivered under
			 required temperatures.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.011 - Additional Requirements

Current through Register 1525, July 5, 2024
(A)
Anti-choking Procedures in Food Service
			 Establishments
.
(1) Pursuant to
			 M.G.L. c. 94, § 305D, restaurants with a certain seating capacity are
			 required to have one or more employees trained in a manual choke-saving
			 procedure in accordance with 105 CMR 605.000:
Approved Choke-saving
			 Procedures
.
(2) Each food
			 service establishment with a seating capacity that conforms with M.G.L. c. 94,
			 § 305D shall:
(a) Have on its premises,
			 while food is being served, an employee trained in manual procedures approved
			 by the Department to remove food lodged in a person's throat; and
(b) Make adequate provision for insurance to
			 cover employees trained in rendering such assistance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.012 - Examination and Embargo of Food

Current through Register 1525, July 5, 2024
(A)
Examination and Sampling
. Food may be examined or
			 sampled by the board of health pursuant to M.G.L. c. 94, §§ 146 and
			 189 for the purpose of determining compliance with
			 105 CMR
			 590.000.
(B)
Embargo Notice
.
			 The board of health may place an embargo on any food, which it knows, or has
			 probable cause to believe is adulterated or misbranded provided that:
(1) A written notice is issued to the holder
			 of the permit to operate the food establishment or to the person in charge;
			 and
(2) The notice specifies in
			 detail the reason(s) for the embargo order.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.013 - Vending Machines

Current through Register 1525, July 5, 2024
(A)
License
.
(1) No
			 person shall conduct a vending machine operation without a license issued by
			 the Commissioner.
(2) A license
			 shall expire no later than one year from the date issued.
(3) A license may be renewed by applying at
			 least 30 days prior to the expiration of the license.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.015 - Service of Orders/Hearings

Current through Register 1525, July 5, 2024
(A)
Service of Orders
.
(1) Each applicant or permit holder shall
			 provide the board of health with his or her complete and correct mailing
			 address on its application for a permit. Each permit holder shall notify the
			 board of health within seven calendar days of any change in the mailing
			 address. The address provided to the board of health shall be deemed the
			 appropriate address for the service of all orders and notices from the board of
			 health.
(2) Orders for summary
			 suspension shall be served on the applicant or permit holder or his authorized
			 agent by:
(a) Posting the order on a public
			 entrance to the food establishment; and
(b) In hand service to the permit holder or
			 by sending a copy of the order or notice by registered or certified mail,
			 return receipt requested to the address indicated in
			 105 CMR
			 590.015(A)(1).
(3) All orders, other than orders
			 for summary suspension, shall be served on the applicant or permit holder or
			 his or her authorized agent as follows:
(a)
			 By sending a copy of the order by registered or certified mail, return receipt
			 requested, to the address indicated in
			 105 CMR
			 590.015(A)(1); or
(b) Personally, by any person authorized to
			 serve civil process.
(c) Only if
			 the aforementioned methods are unsuccessful, service may be made as follows:
1. By any person authorized to serve civil
			 process by leaving a copy of the order at his or her last and usual place of
			 abode.
2. If the last and usual
			 place of abode is unknown, service may be made by posting a copy of the order
			 in a conspicuous place on or about the premises.
(4)
Proof of Proper
			 Service
. Proof of proper service may be made by affidavit of the
			 person making service or by admission of the receipt signed by the applicant or
			 permit holder, the person operating a food establishment without a permit to
			 operate, or an authorized agent of the applicant or permit holder.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.016 - Criminal Penalties

Current through Register 1525, July 5, 2024
(A)
Violation of
			 105 CMR
			 590.000 Provisions
. Any person who
			 violates any provision of
			 105 CMR
			 590.000 shall, upon conviction, be fined not more than
			 $100 for the first offense and not more than $500 for a subsequent offense
			 unless a different penalty is set by statute.
(B)
Failure to Comply with
			 Orders
. Any person who fails to comply with any order issued
			 pursuant to
			 105 CMR
			 590.000 shall, upon conviction, be fined not more than
			 $100 for the first offense and not more than $500 for a subsequent offense.
			 Each day's failure to comply with an order shall constitute a separate
			 offense.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.017 - Advisory Committee

Current through Register 1525, July 5, 2024
The Director may appoint an advisory committee for food
				establishments, which may consist of 12 members. At least two members should be
				health officers and two members should be board of health members who have been
				nominated by existing professional organizations comprised of health officers
				and/or board of health members and at least three members should be persons
				active in the food service and retail food industry who have been nominated by
				existing trade organizations. The committee may advise the Director on matters
				of policy; may be consulted by the Director prior to the issuance of rules and
				regulations; and may perform such other duties as the Director may
				request.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 590.000 - State Sanitary Code Chapter X:minimum Sanitation Standards For Food Establishments › Section 590.018 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				105 CMR
				590.000 shall be declared invalid for any reason
				whatsoever, that decision shall not affect any other portion of
				105 CMR
				590.000, which shall remain in full force and effect;
				and to this end the provisions of
				105 CMR
				590.000 are hereby declared
				severable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 605.000 - Approved Manual Choke-saving Procedures › Section 605.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 605.000 is to
				designate safe and effective manual procedures for the removal of food lodged
				in a person's throat.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 605.000 - Approved Manual Choke-saving Procedures › Section 605.003 - Approved Manual Procedures

Current through Register 1525, July 5, 2024
The Department approves the procedures known as the Heimlich
				Maneuver and the Sequence of Obstructed Airway Maneuvers as recommended by the
				National Research Council, National Academy of Sciences.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 605.000 - Approved Manual Choke-saving Procedures › Section 605.005 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				105 CMR 605.000 or the
				application of such provision to any person or circumstance shall be held
				invalid, the validity of the remainder of
				105 CMR 605.000 and the
				applicability of such provision to other persons or circumstances shall not be
				affected thereby.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 620.000 - Bedding, Upholstered Furniture And Related Products › Section 620.002 - Labeling

Current through Register 1525, July 5, 2024
(A)
Attachment of
			 Labels
. All labels required by
			 105 CMR 620.000 shall be
			 securely attached to the article during the process of manufacture at the
			 factory. Such labels shall be fixed in such position that they may be
			 conveniently examined. On top of all labels shall be inscribed the following:
"
DO NOT REMOVE THIS LABEL UNDER PENALTY OF LAW"
				or
"DO NOT REMOVE THIS TAG UNDER PENALTY OF
				LAW
."
(B)
Label Fabric
. The label material shall be Tyvek,
			 Valeron, Vellum cloth or a material of comparable quality, which shall not
			 flake when abraded.
(C)
Printing
. All printing shall be in the English
			 language. Color of the print shall be black on a white label. The minimum type
			 size shall be c " inch in height or not less than 9 point type in capital
			 letters for the "UNDER PENALTY OF LAW" Section and the "All NEW MATERIAL"
			 section. There shall be no printing on the back of the label.
(D)
Size
. The
			 minimum size of the label shall not be less than two inches by three inches,
			 but may be larger as need demands. A label on a stuffed toy may be smaller than
			 two inches by three inches, provided that the information on the label is
			 clearly legible and in sufficient size type, so that it can be readily
			 discerned.
(E)
Description
. The description of the filling materials
			 shall include its true generic name in accordance with
			 105 CMR 620.001. The
			 description of the filling materials shall also include the grade, if
			 applicable. When more than one kind of filling material is used, the percent by
			 weight of each shall be listed in order of their predominance.
(F)
Other
			 Information
. On the bottom of the label is where all federal
			 requirements and any additional information shall be listed, such as:
(1) Serial number of the manufacturer
			 (assigned by the Department);
(2)
			 Date of delivery;
(3) Federal RN
			 number; and
(4) Made in (US Customs
			 requirement).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 620.000 - Bedding, Upholstered Furniture And Related Products › Section 620.004 - Licensing

Current through Register 1525, July 5, 2024
All licenses shall be posted or placed so as to be readily
				available at all times, and shall be produced for examination upon demand by
				any inspector made upon the person or persons in charge of the establishment,
				or premises, where articles of upholstered furniture, bedding, related products
				or filling materials are manufactured, sold or stored.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 620.000 - Bedding, Upholstered Furniture And Related Products › Section 620.005 - General

Current through Register 1525, July 5, 2024
(A) When any article of bedding or
			 upholstered furniture or related products or filling materials has been exposed
			 to any fire, water, flood or exposed or subjected to any contamination in any
			 way, the owner or his agent shall within 24 hours notify the Department of
			 Public Health. No article or filling material described as above shall be sold,
			 nor shall the contents thereof be altered or removed in whole or in part, nor
			 shall the articles or contents thereof or material be removed or permitted to
			 be removed from the premises, until such articles or materials are released by
			 the Department. The Department shall release such articles or materials which
			 in its opinion are fit for use.
(B)
			 No container, overwrap, trade label or the like used in conjunction with any
			 article of bedding or upholstered furniture shall bear any statement which is
			 contradictory with the statement on the label.
(C) For the purpose of enforcing the
			 provisions of this law, persons manufacturing, shipping, selling, remaking or
			 repairing, or storing or having in possession with intent to sell an article of
			 bedding or upholstered furniture or related products or filling materials shall
			 upon the request of the Department or inspector permit said Director or
			 inspector at reasonable times, to have access to and to copy all records
			 showing the movement of any such articles or holding thereof during or after
			 such movement, and the quantity, shipper and consignee thereof.
(D) All articles of bedding and upholstered
			 furniture shall be marked on the label or container with the date of
			 receipt.
(E) Any person who
			 receives an article of bedding and/or upholstered furniture from a private or
			 public hospital, jail or other institution, or an article which has been used
			 by any person suffering from an infectious or contagious disease, for the
			 purpose of remaking or repairing, shall notify the Department immediately upon
			 receipt of such article.
(F) All
			 articles of upholstered furniture or bedding which do not bear a label as
			 required by M.G.L. c. 94, § 272 and
			 105 CMR 620.000, and whose
			 contents are unknown shall be labeled with a red tag bearing the statement,
			 "Contents Unknown, Secondhand Material".
(G) All articles of upholstered furniture or
			 bedding, salvaged to the satisfaction of the Department from damage resulting
			 from water, fire or flood, shall have affixed thereto a label with the word
			 "Salvage" stamped thereon. The word "Salvage" may be stamped on the law
			 label.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 630.000 - Plastic Bags and Plastic Film

Current through Register 1525, July 5, 2024
No person shall sell, offer for sale, or deliver, or offer for
			 delivery, or give away any plastic bag or partial plastic bag intended for
			 domestic or household use, or for packaging articles intended for domestic or
			 household use, or which is so designed or decorated so as to encourage its use
			 as a toy, the length and width of which when added together totals 25 inches or
			 more and the opening of which when shaped into the form of a circle has a
			 diameter of seven inches or more; and the material of which is less than one
			 mil in thickness; unless such plastic bag bears the following warning
			 statement, or such warning statement which the Department of Public Health has
			 approved as the equivalent thereof:
"WARNING: To avoid danger of suffocation, keep this plastic bag
			 away from babies and children. Do not use this bag in cribs, beds, carriages or
			 play pens. This bag is not a toy."
Such warning statement shall be imprinted in a prominent place
			 on the plastic bag or shall appear on a label securely attached to the bag in a
			 prominent place, and shall be printed in legible type which shall be contrasted
			 by typography, lay-out or color from the contents of the bag and from other
			 printed matter on the bag, if any.
The size of the print of such statement shall be as
			 follows:
Table 1
Total length and width of
						bag
Size of print
60 inches or more
At least 24 point
40 inches to, but not including 60 inches
At least 18 point
25 inches to, but not including 40 inches
At least 14 point
In the case of bags whose total length and width is more than 40
			 inches, the label shall be repeated at intervals of 20-inches or less.
Whoever violates any provision of
			 105 CMR 630.000 shall be
			 punished by a fine of not more than $100.00 for the first offense, nor more
			 than $500.00 for any subsequent offense.
REGULATORY AUTHORITY
105 CMR 630.000: M.G.L. c.
				111, § 5D.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR
				650.000 is adopted under the authority of M.G.L. c.
				94B and 111, §§ 3, 5 and 6.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.005 - Supplemental Definitions

Current through Register 1525, July 5, 2024
(1)
Toxic
. To give specificity to the definition of
			 "toxic" in
			 105 CMR
			 650.004(28), the following
			 supplements that definition:
(a)
Acute Toxicity
.
Toxic
means
			 any substance that produces death within 14 days in half or more than half of a
			 group of:
1. White rats (each weighing between
			 200 and 300 grams) when a single dose of from 50 milligrams to five grams per
			 kilogram of body weight is administered orally.
2. White rats (each weighing between 200 to
			 300 grams) when an atmospheric concentration of more than 200 parts per million
			 but not more than 20,000 parts per million by volume of gas or vapor, or more
			 than two but not more than 200 milligrams per liter by volume of mist or dust
			 is inhaled continuously for one hour or less, if such concentration is likely
			 to be encountered by humans when the substance is used in any reasonably
			 foreseeable manner; and/or
3.
			 Rabbits (each weighing between 2.3 and 3.0 kilograms) when a dosage of more
			 than 200 milligrams but not more than two grams per kilogram of body weight is
			 administered by continuous contact with the bare skin for 24 hours by the
			 method described in 16 CFR § 1500.40 which is incorporated herein by
			 reference.
The number of animals tested shall be sufficient to give a
				statistically significant result and shall be in conformity with good
				pharmacological practices.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.006 - Incorporation of Findings Made Pursuant to the Federal Hazardous Substances Act, 15 USC Section 1261 et seq. (FHSA)

Current through Register 1525, July 5, 2024
(1)
Hazardous and Banned Hazardous Substances
. Any
			 substance, mixture, or article found to be a hazardous substance or a banned
			 hazardous substance pursuant to the FHSA is deemed such for all purposes under
			 M.G.L. c. 94B and regulations promulgated thereunder.
(2)
Toxic, Highly Toxic,
			 Irritant, Strong Sensitizer and other Substances
. Any substance,
			 mixture, or article found to be toxic, highly toxic, an irritant, a strong
			 sensitizer, corrosive, flammable or pressure generating pursuant to the FHSA is
			 deemed such for all purposes under M.G.L. c. 94B.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.010 - Hazardous Mixtures

Current through Register 1525, July 5, 2024
For a mixture of substances, the determination of whether the
				mixture is a "hazardous substance" should be based on the physical, chemical,
				and pharmacological characteristics of the mixture. A mixture of substances may
				therefore be less hazardous or more hazardous than its components because of
				synergistic or antagonistic reactions. It may not be possible to reach a fully
				satisfactory decision concerning the toxic, irritant, corrosive, flammable,
				sensitizing, or pressure-generating properties or a substance from what is
				known about its components or ingredients. The mixture itself should be
				tested.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.015 - Listing of Toxic Substances

Current through Register 1525, July 5, 2024
The commissioner finds the following substances to be
				toxic:
(1) Formaldehyde.
(2) Urea-formaldehyde foamed-in-place
			 insulation.
(3) Snuff
(4) Children's reusable food or beverage
			 containers containing bisphenol-A that are manufactured on or after January 7,
			 2011, or sold at retail on or after July 1, 2011.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.016 - Listing of Irritants

Current through Register 1525, July 5, 2024
The Commissioner finds the following substances to be
				irritants:
(1) Formaldehyde.
(2) Urea-formaldehyde foamed-in-place
			 insulation.
(3) Snuff
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.017 - Listing of Hazardous Substances

Current through Register 1525, July 5, 2024
The commissioner declares the following substances to be
				hazardous substances:
(1)
			 Formaldehyde.
(2) Urea-formaldehyde
			 foamed-in-place insulation.
(3)
			 Snuff
(4) Children's reusable food
			 or beverage containers containing bisphenol-A that are manufactured on or after
			 January 7, 2011, or sold at retail on or after July 1, 2011.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.020 - Listing of Banned Hazardous Substances

Current through Register 1525, July 5, 2024
The commissioner declares the following articles to be banned
				hazardous substances and requires their removal from commerce:
(1) Urea-formaldehyde foamed-in-place
			 insulation.
(2) Children's reusable
			 food or beverage containers containing bisphenol-A that are manufactured on or
			 after January 7, 2011, or sold at retail on or after July 1, 2011.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.100 - Substances Determined to be Special Hazards

Current through Register 1525, July 5, 2024
If the Commissioner finds that the requirements of M.G.L. c.
				94B, § 1, as to labeling of a "misbranded hazardous substance" are not
				adequate for the protection of the public health and safety in view of the
				special hazard presented by any particular hazardous substance, he or she may
				by regulation establish such reasonable variations or additional label
				requirements as he or she finds necessary for the protection of the public
				health and safety; and any hazardous substance intended, or packaged in a form
				suitable, for use in the household or by children which fails to bear a label
				in accordance with
				105 CMR
				650.000 shall be deemed to be a misbranded hazardous
				substance.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.105 - Labeling of Tobacco Snuff

Current through Register 1525, July 5, 2024
Any container or package of tobacco snuff shall be deemed to be
				misbranded unless it bears the warning statements required pursuant to the
				Comprehensive Smokeless Tobacco Health Education Act of 1986. Any container or
				package of tobacco snuff so labeled shall not be deemed misbranded for failure
				to comply with the requirements of
				105 CMR
				650.004(20).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.220 - Repurchase of Banned Hazardous Substances

Current through Register 1525, July 5, 2024
(1)
Definitions Used for the Purposes of
			 105 CMR
			 650.000
.
(a)
Manufacturer
includes any person who manufacturers or imports an article or substance for
			 distribution or sale, including importers for resale, except that in the case
			 of an article or substance distributed or sold under a name other than that of
			 the actual manufacturer of the article or substance, the term "manufacturer"
			 includes any person under whose name the article or substance is distributed or
			 sold.
(b)
Distributor
includes any person, including any person
			 who would otherwise be considered a dealer, who sells an article or substance
			 at wholesale.
(c)
Dealer
includes any person who sells an article or
			 substance at retail.
(d)
Purchase Price
means the amount of money paid to
			 acquire an article or substance, including all taxes, but excluding
			 transportation or shipping costs and finance, interest, or service
			 charges.
(e)
Reasonable
			 and Necessary Transportation Charges
, when used in connection with
			 the return of an article or substance to a dealer, means:
1. the actual costs incurred in returning the
			 product in any manner reasonably specified by the dealer, including personal
			 conveyance; or
2. the actual costs
			 incurred in returning the products by mail, commercial carrier, or any other
			 manner, including personal conveyance, reasonably utilized in the absence of
			 specific instructions by the dealer.
(f)
Reasonable and Necessary
			 Expense
when used in connection with the return of an article or
			 substance to a distributor or manufacturer shall include the cost of labor,
			 administration and transportation in the handling, processing, and shipping of
			 that product.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.221 - Modification or Replacement of Banned Hazardous Substances in Lieu of Repurchase

Current through Register 1525, July 5, 2024
(1)
Scope
. 105 CMR 650.221 clarifies and sets forth the
			 conditions whereby repurchase of an banned hazardous article or substance will
			 not be required under
			 105 CMR
			 650.220. Generally, repurchase will not be
			 required whenever, with the consent of the owner, the banned hazardous article
			 or substance is replaced or modified so that it no longer meets the definition
			 of a banned hazardous article or substance.
(2)
Modification
.
			 Any article or substance which is a "banned hazardous substance" (including any
			 article or substance which became a banned hazardous substance because of some
			 alteration which occurred after its introduction into interstate commerce and
			 before its sale to an ultimate consumer) but which is thereafter modified so
			 that it is no longer a banned hazardous substance shall not be subject to
			 repurchase. Provided, however, that if the owner of a particular product which
			 is a banned hazardous substance (for reason other than an alteration by the
			 owner) will not consent to modification of the product as an alternative to
			 repurchase, the obligation of the party shall not be affected by the provisions
			 of 105 CMR 650.221.
(3)
Replacement
. Any party who is obligated to repurchase
			 an article which is a banned hazardous substance may replace it with an
			 equivalent product which is not a banned hazardous substance. Provided,
			 however, that if the owner of the particular product which is a banned
			 hazardous substance (for reason other than an alteration by the owner) will not
			 consent to replacement with an equivalent product which is not a banned
			 hazardous substance, the obligation of the party who sold the banned hazardous
			 substance to repurchase that product and refund the purchase price shall not be
			 affected by the provisions of 105 CMR 650.221.
(4)
Expenses
. In any
			 case where a manufacturer, distributor, or dealer elects to offer to modify a
			 banned hazardous substance or to replace it with an equivalent product which is
			 not a banned hazardous substance as an alternative to repurchase, all expenses
			 incurred in connection with the modification or replacement shall be borne by
			 the party originally offering the modification or replacement.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 650.000 - Hazardous Substances › Section 650.990 - Severability

Current through Register 1525, July 5, 2024
Any section, subsection, paragraph or provision of
				105 CMR
				650.000 declared illegal or unconstitutional by a
				court of competent jurisdiction is severable from
				105 CMR
				650.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 660.000 - CIGARETTE AND SMOKELESS TOBACCO PRODUCTS: REPORTS OF ADDED CONSTITUENTS AND NICOTINE RATINGS › Section 660.001 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				105 CMR 660.000 is to
				implement M.G.L. c. 94, § 307B, which mandates reporting of certain
				information relating to tobacco products to the Department of Public
				Health.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 660.000 - CIGARETTE AND SMOKELESS TOBACCO PRODUCTS: REPORTS OF ADDED CONSTITUENTS AND NICOTINE RATINGS › Section 660.100 - General Requirements for Annual Reports by Manufacturers

Current through Register 1525, July 5, 2024
(A) On December 15, 1997, and on every
			 December 1st thereafter, the manufacturer of any
			 cigarette or smokeless tobacco product sold in the Commonwealth shall report to
			 the Department, in accordance with
			 105 CMR 660.000, the
			 nicotine yield rating of each such cigarette or smokeless tobacco product. To
			 the maximum extent possible, such report shall be submitted electronically to
			 the Department, in accordance with the technical specifications of the
			 Department.
(B) Nothing in 105 CMR
			 660.100 shall prohibit a manufacturer or distributor of cigarettes or smokeless
			 tobacco products from selling such products to an in-state merchant for sale or
			 distribution outside of the Commonwealth.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 660.000 - CIGARETTE AND SMOKELESS TOBACCO PRODUCTS: REPORTS OF ADDED CONSTITUENTS AND NICOTINE RATINGS › Section 660.102 - Cigarette Nicotine Yield Rating Reporting Requirements

Current through Register 1525, July 5, 2024
(A) In each annual report, a manufacturer
			 shall include, as part of the nicotine yield rating for each brand, sub-brand
			 and generic unbranded cigarette, the information specified in 105 CMR 660.102.
			 For purposes of 105 CMR 660.102, Brand Family shall mean a number of different,
			 though highly similar cigarette products marketed under one general name;
e.g.,
regular, longer-length and menthol cigarettes of the
			 same brand.
(1) For each brand, sub-brand and
			 generic unbranded cigarette which belongs to a brand family that has a national
			 market share of less than 3%, as reported in the most recent Maxwell Report,
			 Cigarette Brand Sales and Market Share, published by Davenport and Company,
			 Richmond, Virginia, or a comparable report designated by the Department, the
			 annual report shall include the information specified in 105 CMR 660.102(B)(1)
			 and (B)(6). Said report also shall include the information in 105 CMR
			 660.102(B)(2) through (B)(4) for a limited number of individual sub-brands
			 selected by the Department. The number of sub-brands to be selected by the
			 Department shall be based on the manufacturer's national market share, as
			 reported in the most Maxwell Report. For a manufacturer with greater than 35%
			 of national market share, up to 15 sub-brands shall be selected and tested; for
			 a manufacturer with a national market share of 20% to 35% of national market
			 share, up to nine sub-brands will be selected and tested; and for a
			 manufacturer with a national market share of less than 20%, up to six
			 sub-brands will be selected and tested;
(2) For each brand, sub-brand and generic
			 unbranded cigarette which belongs to a brand family that has a national market
			 share of 3% or more, as reported in the most recent Maxwell Report, Cigarette
			 Brand Sales and Market Share, USA, published by Davenport and Company,
			 Richmond, Virginia, or comparable report designated by the Department, the
			 annual report shall include the information specified in 105 CMR 660.102(B)(1)
			 through (5).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 660.000 - CIGARETTE AND SMOKELESS TOBACCO PRODUCTS: REPORTS OF ADDED CONSTITUENTS AND NICOTINE RATINGS › Section 660.103 - Smokeless Tobacco Products: Nicotine Yield Reporting Requirements

Current through Register 1525, July 5, 2024
Smokeless tobacco product manufacturers shall include in their
				annual report a rating for nicotine yield for each brand, sub-brand or generic
				unbranded smokeless tobacco product sold in the Commonwealth, which shall
				include:
(A) pH of tobacco;
(B) moisture content as a percent of weight
			 of tobacco;
(C) nicotine in
			 milligrams per gram of tobacco;
(D)
			 nicotine as a percent of dry weight of tobacco;
(E) percent of unionized (free) nicotine;
			 and
(F) total unionized (free)
			 nicotine in milligrams per gram of tobacco. Smokeless tobacco product
			 manufacturers shall classify each brand, sub-brand and generic unbranded
			 smokeless tobacco product for nicotine delivery, according to the following
			 standard:
Smokeless Tobacco Nicotine
							 Delivery
Total Free Nicotine mg/g
High Nicotine
>2.0
Moderate Nicotine
>0.5-2.0
Low Nicotine
.01-0.5
Nicotine Free
<0.01
The smokeless tobacco nicotine yield rating shall be reported
				to the Department as specified on the form attached to
				105 CMR
				660.600.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 660.000 - CIGARETTE AND SMOKELESS TOBACCO PRODUCTS: REPORTS OF ADDED CONSTITUENTS AND NICOTINE RATINGS › Section 660.300 - Severability

Current through Register 1525, July 5, 2024
If any provisions of
				105 CMR 660.000 are held
				invalid for any reason whatsoever, such declaration shall not affect any other
				portion of
				105 CMR 660.000, which
				shall remain in full force and effect, and to this end, the provisions of
				105 CMR 660.000 are hereby
				declared severable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 660.000 - CIGARETTE AND SMOKELESS TOBACCO PRODUCTS: REPORTS OF ADDED CONSTITUENTS AND NICOTINE RATINGS › Section 660.600 - Cigarette Nicotine Yield Rating Form

Current through Register 1525, July 5, 2024
(1)
			 Brand ___________________________________ Sub-brand
			 _____________________
(2) Most
			 Recent Nicotine Level Reported to the FTC
			 ________________________________
(3) Total Nicotine Content in Cigarette
			 Tobacco (Milligrams) _________________________
(4) pH of Smoke ________________________
			 Percent Filter Ventilation __________
(5) Nicotine Delivery under Average Smoking
			 Conditions ___________________________
(6) Classification
			 ___________________________ Number of Puffs _________________
(>1/2 milligrams.: high; >0.2-1.2: moderate;.01-0.2: low;
				<.01: nicotine free)
_________________________________________
Smokeless Tobacco Nicotine Yield Rating Form
(1) Brand ___________________________________
			 Sub-brand _____________________
(2)
			 Moisture Content in Percent _________________ Nicotine as a Percent of Dry
			 Weight Tobacco ______________________
(3) Nicotine in Milligrams per Gram of
			 Tobacco ___________________________________
(4) pH
			 ____________________________________________________________________
(5) Total Unionized (free) Nicotine
			 ______________________________________________
(6) Classification
			 ____________________________________________________________
(>2.0 milligrams: high; >0.5-2.: moderate; 0.1-0.5: low;
				<0.01: nicotine free)