Section 109. No person shall sell or exchange or offer or expose for sale or exchange or transport for sale any apples represented as having been exposed to ''controlled atmosphere'' or ''modified atmosphere'' or shall so use any such term or form of words or symbols of similar import on any container or lot of apples advertised, sold, offered for sale or transported for sale within this state unless such apples have been kept in a room or storage building with not more than five per cent oxygen for a minimum of sixty days. A storage record on a form approved by the commissioner of food and agriculture shall be kept at a convenient location adjacent to said room or storage building from the day of sealing to the day of opening of said room or storage building, and shall be preserved for inspection at any time by said commissioner or his authorized agents for a period of not less than one year after such opening.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 94 - Inspection and Sale of Food, Drugs and Various Articles
Section 2 - Cleanliness and Sanitary Condition of Bakery and Equipment; Shipping Baskets
Section 3 - Storage, Handling and Transportation of Bakery Products
Section 4 - Preparation of Bakery Products; Labelling
Section 5 - Return of Bakery Products; Movement of Bakery Products to Consumer; Exceptions
Section 8 - Special Provisions as to Rolls and Certain Bread; Unit Weights; Inspection
Section 9 - Enforcement of Rules and Regulations; Seizures; Notice; Hearing Before Director; Appeals
Section 9a - Construction of Bakery Rooms; Furniture and Utensils
Section 9b - Sleeping Places for Bakery Employees
Section 9c - Notice of Required Alterations to Property Affected by Sec. 9a; Time for Compliance
Section 9d - Regulations of Boards of Health; Posting
Section 9e - Penalties for Violation of Secs. 9a to 9c
Section 9f - Rules and Regulations of Department of Public Health Applicable to Secs. 9g to 9m
Section 9g - Sanitary Requirements of Bakeries
Section 9h - Dressing Rooms for Bakery Workers or Employees
Section 9j - Sanitary Regulations for Bakery Employees; Facilities
Section 9k - Inspection of Bakeries; Notice to Owner, etc., of Failure to Comply With Law; Remedy
Section 9m - Approval of Building Plans and Equipment of New Bakery; Permits
Section 10 - Penalties for Violation of Secs. 2 to 9 or 9f to 9m
Section 10a - Permit Required to Manufacture, Bottle, Sell, Deliver, Etc. Non-Alcoholic Beverages
Section 10c - Examination of Premises Licensed Under Sec. 10b; Revocation of Permits
Section 10d.5 - Laboratory Testing of Water Contained in Bottled Product
Section 10e - Rules and Regulations Applicable to Secs. 10a to 10d1/2 and Sec. 10e1/2
Section 10e1/2 - Water Standards and Labeling Requirements for Finished Bottled Water Products
Section 10f - Penalties for Violations of Secs. 10a to 10e.5
Section 10g - Application of Secs. 10a to 10f
Section 10h - Enriched Bread and Flour; Manufacture and Sale; Purchase of Unenriched Flour
Section 10j - Labeling With Respect to Enrichment of Flour, Bread or Rolls; Application
Section 10k - Penalties for Violations of Secs. 10h to 10j
Section 12 - Milk and Cream, Definitions, Standards; Rules
Section 13b - State in Which Milk Produced; Statement on Package
Section 13c - Sale of Other Than Established Grades of Milk; Penalty
Section 13d - Sale of Milk Not Conforming to Standard Grade; Penalty
Section 13e - Bacterial Standards; Milk and Cream Sales and Deliveries
Section 16 - Dairy Farm Defined; Applicability to Secs. 16 to 16k
Section 16a - Certificate of Registration Required for Sale of Milk Produced on Dairy Farm
Section 16b - Applications for Registration of Dairy Farms
Section 16c - Issuance and Renewal of Certificate of Registration for a Dairy Farm; Inspection
Section 16d - Refusal, Revocation or Suspension of Certificate of Registration for Dairy Farm
Section 16e - Monthly Statements
Section 16f - Registration of Sellers of Milk
Section 16g - Temporary Certificates of Registration
Section 16h - Temporary Receipt of Milk From Unregistered Dairy Farms
Section 16i - Penalties for Violations of Secs. 16 to 16f
Section 17a - Combinations of Fats or Oils With Milk, Cream or Skimmed Milk; Penalty
Section 18 - Sale of Milk of Less Fat Content Than Stated on Label, etc.; Penalty
Section 20 - Sale of Below Standard Milk; Penalty
Section 33 - Inspectors of Milk and Collectors of Samples of Milk
Section 34 - Employment of Board Members as Collectors of Milk Samples
Section 35 - Powers of Inspectors of Milk and Collectors of Samples of Milk; Appointment; Removal
Section 36 - Results of Milk Analysis Sent to Owner
Section 37 - Liability of Producer of Milk
Section 38 - Connivance by or Interference With Inspector of Milk or Collector of Samples of Milk
Section 39 - Use of Imitation or Counterfeit Seal
Section 40 - License to Sell Milk or Cream Required; Contents; Display
Section 41a - Dealers Selling to Other Than Consumers; License
Section 42 - Penalties for Violation of Sec. 40
Section 42b - Bond; Amount; Form; Condition; Note, Cash or Collateral in Lieu of Bond
Section 42c - Default by Licensee; Notices; Action on Bond; Payment of Claims
Section 42e - Exemption From Filing Bond or Security
Section 42f - Records of Transactions
Section 42h - Grounds for Refusal to Grant License or Revocation
Section 42i - Notice and Hearing Before Revocation; Order; Decision Final
Section 42j - Unlicensed Receiving of Milk From Producers; Penalty
Section 44 - Fees for Inspection or Test for Purpose of Protecting Milk Supply Prohibited; Penalty
Section 45 - Milk Containers; Names on Caps or Labels; Fees; Penalty
Section 48 - Placing of Offal, Swill, etc., in Dairy Product Containers; Penalty
Section 48a - Licensing of Pasteurization Establishments; Penalty
Section 48b - Use by Certain Institutions of Milk Produced, Processed or Packaged in Commonwealth
Section 48d - Blending Milk and Cream for Sale
Section 49 - Oleomargarine; Sale; Labeling; Marking
Section 50 - Imitation Cheese; Labeling
Section 51 - Unlawful Sale or Advertising of Imitation Butter and Cheese; Penalty
Section 55 - Fraud in Sale of Oleomargarine
Section 58 - Serving Oleomargarine at Hotels, Restaurants, etc.; Notice; Penalty
Section 59 - Process or Renovated Butter; Sale; Labeling
Section 60 - Complaints for Violations of Sections Relative to Oleomargarine, Butter and Cheese
Section 61 - Lard; Sale; Advertising; Labeling
Section 61a - Cheddar or American Cheese; Cheese Made From Milk of Sheep or Goats
Section 62 - Interference With Inspector of Milk or Collector of Samples of Milk; Penalty
Section 63 - Disposition of Fines
Section 65g - Definitions Applicable to Secs. 65g to 65u
Section 65j - Revocation or Suspension of Licenses or Permits
Section 65k - Certiorari to Correct Errors of Law
Section 65l - Certain Sales or Exchanges Prohibited
Section 65q - Enforcement of Secs. 65g to 65u; Rules and Regulations
Section 65r - Penalties for Violation of Secs. 65g to 65q
Section 65s - Fees for Licenses and Permits
Section 65t - Frozen Dietary Dairy Desserts; Rules and Regulations
Section 66 - Licensing of Cold Storage Warehouses; Report of Articles in Cold Storage
Section 66a - Application of Secs. 66, 70 and 71 to Food in Lockers; Locker Defined
Section 67 - Inspection and Supervision; Rules and Regulations
Section 68 - Access to Cold Storage or Refrigerating Warehouses by Department, Etc.
Section 69 - Regulation of Cold Storage
Section 70 - Time Limit for Holding Food in Cold Storage; Extension
Section 71 - Date of Receipt of Food in Cold Storage; Marking on Containers
Section 72 - Sale of Goods Formerly Held in Cold Storage; Displaying Sign
Section 73 - Penalties for Violation of Secs. 66 to 72 and 92
Section 73a - Storing and Transporting Frozen Food
Section 77a - Classification of Fish; Definition
Section 77b - Marking Food Fish Containers Deposited in Cold Storage With Date of Receipt
Section 77c - Sale or Representing for Sale of Frozen Fish
Section 77d - Importation of Fresh Swordfish
Section 77e - Marking of Imported Fish Formerly in Cold Storage
Section 77f - Sale of Food Fish by Weight
Section 77g - Use of Dead Lobsters for Food Purposes
Section 77h - Purchase, Sale, Transportation, Etc. of Lobster or Crab Meat Taken From Shell
Section 77i - Definitions Applicable to Secs. 77a to 77h
Section 84 - Quintal Weight of Fish
Section 85 - Clam Bait; Contents of Barrel
Section 86 - Weighing, Sorting and Culling Fish; Certificate of Weight; Rules and Regulations
Section 87 - Record of Weight, etc., of Fish
Section 88 - Fees for Weighing of Fish
Section 88b - Sale of Shucked Scallops or Quahaugs in Shell by Weight
Section 88c - Rules and Regulations
Section 88d - Inspection of Fish Offered for Sale
Section 89 - License to Break and Can Eggs
Section 90 - Breaking or Canning Eggs Without License
Section 90a - Sale of Eggs Regulated; Eggs With Treated Shells
Section 90b - Sizes of Eggs Offered for Sale, Etc.
Section 90c - Grading of Eggs; Establishment
Section 90d - Grades of Eggs; Criterion; Marking; Enforcement of Section; Rules and Regulations
Section 90e - Misbranding of Eggs; Obstruction of Commissioner's Duties Under Sec. 90d; Penalties
Section 91 - Sale of Eggs Taken From Cold Storage; Markings; Penalty
Section 92 - Denaturing and Marking of Broken Eggs in Cold Storage
Section 92a - Sale of Decayed or Decomposed Eggs; Regulations; Penalty
Section 92b - Meats, Poultry and Fish; Sales at Retail; Weight; Penalty
Section 98 - Capacity of Baskets, etc., Used in Sale of Berries; Test of Capacity
Section 99 - Strike or Level Measure of Berries; Exception
Section 99a - Standard Box for Farm Produce; Standard Half Box; Lug; Specifications; Markings
Section 99b - Sale of Fruit, Vegetables or Turkeys; Designation as ''native''; Penalty
Section 101 - Official Grades of Apples; Establishment; Modification; Notice; Hearing
Section 102 - Marking or Branding of Apples
Section 103 - Advertising of Apples
Section 104 - Misleading Packing of Apples
Section 105 - Misbranding of Apples
Section 107 - Enforcement of Secs. 99b, 101 to 105, 109; Prosecutions; Notice
Section 108 - Penalties; Misbranding of Apples
Section 109 - Storage of Apples; Conditions; Storage Records
Section 115 - Legal and Standard Barrel and Crate for Cranberries
Section 116 - Barrels and Crates for Cranberries; One Half Crates; One Quarter Crates; Markings
Section 117 - Sale of Cranberries in Packages
Section 117a - Official Grades and Standards for Farm Products; Use of Brands or Labels
Section 117c - Unlawful Use of Brands or Labels; Obstruction of Commissioner
Section 117d - Inspection of Farm Products; Certification of Quality and Condition
Section 117e - Rules and Regulations Under Secs. 117a to 117f
Section 117f - Powers of Commissioner of Agriculture
Section 117g - Definitions Applicable to Secs. 117g to 117l
Section 117h - Marking of Container of Potatoes; Display of Grade; Application of Section
Section 117i - Official Grades of Potatoes; Modification; Notice; Hearing; United States Grades
Section 117k - Violations of Secs. 117g to 117j; Notice; Hearing
Section 117l - Penalties for Violation of Secs. 117g to 117j
Section 118 - Definitions Applicable to Secs. 118 to 131
Section 120 - Slaughtering of Livestock or Poultry; License Required; Application; Fee
Section 121 - Suspension or Revocation of License; Hearing
Section 124 - Inspection of Livestock and Poultry; Seizure and Destruction; Reports; Publication
Section 126 - Duties of Commissioner
Section 127 - Prohibited Acts Relating to Slaughter and Transportation of Livestock or Poultry
Section 128 - Failure to Testify or to Produce Evidence; Falsification of Reports; Penalties
Section 129 - Penalties for Violation of Secs. 118 to 128; Jurisdiction
Section 130 - Certain Slaughter Operations Exempt From Provisions of Secs. 118 to 131
Section 132 - Severability of Provisions of Secs. 118 to 131
Section 139b - Sale of Dressed Poultry Slaughtered Without Commonwealth; Inspection
Section 139c - Definitions Applicable to Secs. 139d to 139g
Section 139d - Humane Method of Slaughter
Section 139e - Administration of Secs. 139c to 139g; Rules and Regulations
Section 139f - Penalties for Violation of Secs. 139d or 139e
Section 139g - Ritual Slaughter
Section 140 - Weighers of Beef; Appointment; Oath
Section 141 - Fees for Weighing Cattle
Section 142 - Adulteration of Sausage or Sausage Meat
Section 143 - Sale, etc., of Sausages
Section 143a - Sale of Vegetable Sausages
Section 147 - Regulations for Inspection of Meat
Section 147a - Regulations for Inspection of Game, Poultry, Etc.
Section 149 - Interference With Officers and Agents of Local Boards of Health
Section 150 - Sale of Unwholesome Food
Section 150a - Exposing Unwholesome Food for Sale
Section 151 - Killing or Sale of Veal of Calf Less Than Two Weeks Old
Section 151a - Sale and Serving of Horse Meat Regulated
Section 152 - Publication of Facts Relating to Condemnation of Animal or Property
Section 152a - Licensing Business of Buying, Selling or Transporting Live Poultry
Section 152c - Penalties for Violations of Secs. 152a and 152b
Section 153a - Labeling of Meat Products Containing Sulphur Dioxide; Penalties
Section 154 - Labeling of Canned Goods; Grade; Quality
Section 155 - Marking of Canned Soaked Goods and Molasses
Section 156 - Kosher Food; Labeling, Sale and Display; Civil Penalties
Section 157 - Sale of Ice at Retail
Section 158 - Scales for Vehicles Used for Retail Delivery of Ice; List of Current Prices
Section 159 - Posting of Prices of Ice on Vehicles; Weighing Ice
Section 161 - Enforcement of Orders of Department of Public Health
Section 162 - Appeal From Order Made Under Sec. 160
Section 163 - Vinegar Defined; Adulteration
Section 164 - Examination of Vinegar; Methods; Publication
Section 165 - Containers Used for Sale of Vinegar; Marking; Labeling
Section 166 - Collection of Samples of Vinegar; Analysis
Section 167 - Examination of Samples of Vinegar; Complaint for Misbranding or Adulteration; Hearing
Section 168 - Imitation or Counterfeit Seal; Possession; Use; Penalty
Section 169 - Vinegar; Applicability and Enforcement of Food and Milk Laws
Section 170 - Manufacture or Sale of Deleterious Vinegar; Penalty
Section 171 - Sale, etc., of Adulterated Vinegar; Penalty
Section 172 - Barrel and Hogshead
Section 174a - Standard Weights of Containers for Grain Products
Section 176 - Weight; Definition; Tolerances or Variations
Section 178 - Rules for Weighing; Certification; Public Weighers
Section 182 - Variations, Tolerances and Exceptions; Rules and Regulations
Section 183 - Penalties for Violations of Sec. 181
Section 184 - Hearing Before Prosecution; Prosecution of Guarantor
Section 184a - Packages of Proprietary or Patent Medicine or Food Containing Drugs; Labeling
Section 184b - Definitions Applicable to Secs. 184b to 184e
Section 186 - Adulteration of Drugs, Foods, Cosmetics and Devices Defined
Section 187d - Evasion of Secs. 186, 187 and 188 to 195; Penalties
Section 188 - Samples; Collection; Purchase
Section 189 - Examination of Samples, by Whom Made, etc.; Complaints
Section 192 - Enforcement of Secs. 186 to 195
Section 192a - Self-Administered Pregnancy Kits; Instructional Brochures
Section 194 - Dealer Establishing Guaranty May Be Prosecuted, When
Section 194a - Adulterated Shellfish; Prosecution; Defenses
Section 194b - Food Fish Products; Labeling as ''halibut''; Penalty
Section 195 - Construction and Enforcement of Secs. 186 to 195
Section 219 - Weighers of Grain
Section 221 - Fees of Weighers of Grain
Section 222 - Certificate of Sale by Cental
Section 224 - False Weights, Scales, etc.; False and Fraudulent Certificate; Collusion
Section 237 - Sale and Delivery of Timothy or Herdsgrass Seed; Avoirdupois Weight
Section 238 - Weighers of Coal
Section 239a - Standard Sizes for Anthracite Coal; Variances or Tolerances
Section 240 - Sale of Coal, Coke and Charcoal by Weight
Section 241 - Sale of Coal, Coke and Charcoal in Bags, Sacks or Baskets; Marking
Section 242 - Sale of Coal, Coke and Charcoal in Baskets or Receptacles; Requisites
Section 243 - Sale of Coke and Charcoal in Paper Bags or Sacks; Specifications; Measure; Marking
Section 245 - Direction That Goods Be Weighed; Powers of Director of Standards, etc., and Sealer
Section 247 - Sale of Edgings and Kindling Wood
Section 248 - Penalties; Enforcement of Law
Section 249a - Inspection of Coal; Analysis of Samples; Condemnation
Section 249b - Interference With Officials; Penalty
Section 249c - Sale of Condemned Coal
Section 249d - Sale of Unfit Coal
Section 249e - Placing Foreign Substances in Coal Receptacles; Sale
Section 249e1/2 - Presumption of Excessiveness of Non-Combustible Residue
Section 249f - Enforcement of Secs. 249a to 249e1/2
Section 262 - Inspectors of Lime
Section 263 - Branding Casks of Lime
Section 264 - Fees of Inspectors of Lime
Section 265 - Quality of Lime and Casks
Section 266 - Sale of Lime in Unauthorized Casks; Penalty
Section 267 - Shifting Contents of Branded Cask of Lime
Section 268 - Forfeiture of Cask of Lime
Section 270 - Definitions Applicable to Secs. 270 to 277
Section 271a - Resale of Mattress, Box Spring, Studio Couch or Futon Mattress; Notice to Consumer
Section 274 - Rules and Regulations Pertaining to Labeling and Sterilization; Advisory Board
Section 275 - Licenses; Applications; Fees
Section 277 - Penalties for Violation of Secs. 270 to 276
Section 277a - Marking or Labelling of Furs; Misrepresentations
Section 277b - Imported Goods; Marking; Advertisement; Penalty
Section 277c - Original Paintings
Section 278 - Nails and Brads; Manufacture; Packing
Section 279 - Marking or Branding of Cask of Nails or Brads
Section 280 - Sale of Unbranded or Unmarked Casks of Nails or Brads
Section 281 - Counterfeiting, Destroying or Altering Brand on Cask of Nails or Brads; Penalty
Section 282 - Disposition of Forfeitures
Section 283 - Slot Machines and Other Automatic Devices; Use Regulated
Section 284 - Penalties for Violations Related to Slot Machines and Other Automatic Devices
Section 285 - Sewing Thread; Sale; Marking
Section 286 - Sewing Thread; Identification of Manufacturer or Distributor
Section 287 - Weight or Measure Variances
Section 288 - Penalty for Violation of Secs. 285 to 287
Section 289 - Turpentine; Manufacture; Sale; Marking; Adulteration
Section 290 - Enforcement of Sec. 289
Section 291 - Sale of Paint or Linseed Oil
Section 292 - Possession by Dealer of Incorrectly Labeled Turpentine, Paint or Linseed Oil
Section 293 - Inspection of Paint, etc.; Complaint; Appointment of Inspectors; Powers and Duties
Section 294 - Interference With Inspector
Section 295 - Penalty for Violation of Sec. 291
Section 295a - Definitions Applicable to Secs. 295a to 295w
Section 295c - Display of Price of Motor Fuel on Dispensing Devices
Section 295d - Advertisement of Motor Fuel
Section 295g - Standards for Gasoline; Adulteration or Substitution of Motor Fuel or Lubricating Oil
Section 295h - Administration and Enforcement of Secs. 295a to 295o
Section 295i - Orders, Rules and Regulations; Adoption; Amendment; Repeal
Section 295j - Records of Retail Dealer
Section 295k - Penalties for Violation of Secs. 295a to 295j
Section 295l - Jurisdiction of Superior Court; Injunctions
Section 295m - Conflicts With Other Laws
Section 295n - Partial Invalidity
Section 295o - Citation of Secs. 295a to 295o; Motor Fuel Sales Act
Section 295p - Retail Sale of Motor Fuel Below Cost
Section 295q - Cost Survey as Evidence of Cost
Section 295r - Application of Secs. 295p to 295w to Retail Sales
Section 295s - Penalty for Violating Sec. 295p
Section 295t - Jurisdiction of Superior Court; Injunctions; Prosecutions by District Attorneys
Section 295u - Conflicts With Other Laws
Section 295v - Severability of Provisions of Secs. 295p to 295w
Section 295w - Citation of Secs. 295p to 295w; Unfair Sales Act for the Retail Sale of Motor Fuels
Section 295cc - Handicapped Persons; Motor Fuel Dispensing
Section 296 - Measurers of Wood and Bark
Section 297 - Measurers of Wood and Bark Licensed to Act in Adjoining Town
Section 298 - Sale of Cordwood; Dimensions; Standard Units of Measure Defined
Section 299 - Delivery Ticket or Sales Invoice for Sales of Cordwood or Firewood
Section 300 - Fees of Measurers of Wood and Bark
Section 301 - Measurement of Water Borne Wood; Fees
Section 302 - Tickets Certifying Quantity in Load; Application of Secs. 296 to 303
Section 303 - Sale of Prepared Wood, Bark, Slabs and Edgings for Fuel; Surveyors and Inspectors
Section 303a - Licensing of Manufacture, Sale and Transportation of Methyl Alcohol or Wood Alcohol
Section 303b - Fees for Licenses; Renewals; Suspension; Records
Section 303c - Marking Containers Containing Methyl Alcohol or Wood Alcohol
Section 303e - Penalties for Violation of Secs. 303a to 303d
Section 303g - Definitions Applicable to Secs. 303h to 303l
Section 303h - Minimum Standards of Strength and Quality for Anti-Freeze; Adulteration
Section 303i - Misbranded Anti-Freeze; Labels for Containers
Section 303k - Enforcement of Secs. 303g to 303j; Samples; Inspection of Premises, Etc.
Section 303l - Rules and Regulations Relating to Secs. 303g to 303k
Section 303m - Penalty for Violation of Sec. 303j
Section 303n - Sale of Engine Coolant or Antifreeze Not Containing a Bittering Agent Prohibited
Section 305 - Fraud in Packing Commodities Sold by Weight; Penalties
Section 305c - Food Processor or Distributor Licensing; Application of Section
Section 305e - Transportation of Bakery Products; Permit
Section 306 - General Penalty for Counterfeit or Wrongful Branding or Marking of Articles
Section 307 - Tobacco Products Contaminated by Fire, Smoke or Water; Possession or Sale; Penalty
Section 307a - Single Unpackaged Cigarettes; Sale or Possession; Penalty
Section 308 - Definitions Applicable to Secs. 308 to 312
Section 310 - List of Locations Wherein Vending Machines Are Operated; Inspection of Premises
Section 313 - Penalties for Violation of Secs. 308 to 312
Section 314 - Definitions Applicable to Secs. 315 to 318
Section 315 - Display, Offer for Sale, or Sale of Certain Appliances Prohibited
Section 316 - Labeling of Appliances; Regulations; Information; Form, Etc.
Section 317 - Standardized Computation and Testing Procedures; Reports
Section 318 - Penalties for Violation of Secs. 315 and 317
Section 319 - Construction of Malt Beverage or Soft Drink Metal Containers
Section 320 - Ownership of Dies, Molds or Forms; Transfer of Title
Section 321 - Definitions Applicable to Secs. 321 to 327
Section 322 - Beverage Container Refund Value; Exemption
Section 323 - Return of Beverage Containers; Refund; Refusal to Accept Container
Section 323c - Abandoned Deposit Amounts; Determination
Section 323d - Transfer of Abandoned Deposit Amounts
Section 323e - Reimbursements to Bottlers or Distributors
Section 324 - Container Holding or Connecting Devices; Break Down by Bacteria or Light
Section 325 - Beverage Container Refund Value; Statement on Container; Vending Machines
Section 327 - Enforcement of Provisions Relating to Bottlers and Distributors; Penalty; Interest
Section 328 - Food Donations; Distribution, Service and Preparation; Civil Liability
Section 329 - Sale, Possession or Use of Lacquer Sealer Prohibited; Penalties