Massachusetts General Laws
Chapter 128 - Agriculture
Section 38c - Agricultural Fairs; Facilities and Land Resources; Preservation and Rehabilitation

Massachusetts General Laws

Part I - Administration of the Government

Title XIX - Agriculture and Conservation

Chapter 128 - Agriculture

Section 1 - Definitions

Section 1a - Farming, Agriculture, Farmer; Definitions

Section 2 - Powers and Duties of the Department

Section 2a - Horse Riding Instructors; Licenses; Fees; Validity of License; Duplicate Licenses; Rules and Regulations

Section 2b - Riding Schools or Stables; License; Fee; Rules and Regulations; Penalties

Section 2c - Horses Participating in Contests at Agricultural Fairs; Administering of Drugs Prohibited; Testing, Prima Facie Evidence; Eligibility Restricted; Rules and Regulations

Section 2d - Liability of Persons Involved in Equine Activities

Section 2e - Agricultural Harvesting or ''pick-Your-Own'' Farming Operations; Liability of Owners or Operators

Section 3 - Collection and Circulation of Information Regarding Development of Agricultural Resources

Section 4 - Trust Funds, Gifts or Bequests

Section 5 - Annual Report

Section 6 - Lectures and Publications

Section 7 - Posters Containing Extracts of Laws; Preparation and Distribution

Section 7a - Definitions

Section 7b - Use of Public Lands; Application; Indemnification

Section 7c - Priority in Allotment of Public Lands

Section 7d - Bureau Contracts for Use of Public Lands

Section 7e - Making Land Available to Bureau

Section 7f - Adoption of Rules and Regulations

Section 8a - Destruction or Control of Foxes and Rodents; Investigations; Cooperative Arrangements With United States

Section 8b - Supervision of Mink Ranches; Listing; Fee; Certificate; Penalty

Section 9 - Establishment of Demonstration Sheep Farms

Section 10 - Maintenance of Flock of Sheep on Demonstration Farm

Section 11 - Compensation From Commonwealth for Use of Farm as a Demonstration Sheep Farm

Section 12 - Powers and Duties of Division of Regulatory Services

Section 13 - Report of Unsanitary Condition

Section 13a - Reimbursement Following Dealer's Milk Payment Default

Section 13b - Dealer Payments Into Milk Producers Security Fund

Section 14 - Access by Department to Places or Vehicles Used in Manufacture, Storage or Sale of Dairy Products; Enforcement of Laws; Hindrance of Officer

Section 15 - Duties of Employees of Department

Section 16 - Entry Upon Public or Private Grounds for Purposes of Abating Serious Plant Diseases; Contracts

Section 17 - Inspection of Nurseries; Certificate; Suppression of Pests

Section 18 - Licensing of Nursery Agents; Application; Revocation

Section 19 - Sale of Nursery Stock; Grower's Certificate

Section 20 - Importation of Nursery Stock; Certificate of Inspection

Section 20a - Spread or Growth of Plants of Water Chestnut ≪i>(trapa Natans)

Section 21 - Inspection of Nursery Stock, Fruits and Plants at Points of Destination; Destruction; Notice to Director

Section 23 - Compensation for Destruction of Cultivated Berry-Bearing Shrubbery; Notice; Investigation; Arbitration; Award; Certification

Section 24 - Inspection of Orchards, Etc. for Noxious Weeds, Insect Pests or Plant Diseases; Notice to Landowners, Et al.; Abatement; Cost of Treatment

Section 25 - Appeal From Proposed Action

Section 26 - Proceedings After Appeal; Notice

Section 27 - Prohibition on Delivery Within the Commonwealth of Infested Nursery Stock, Fruit and Plants

Section 28 - Exemption of Gypsy and Brown Tail Moths

Section 29 - Penalties for Violation of Secs. 16 to 27

Section 30 - Prosecutions

Section 31 - European Corn Borer Infestation; Hearing; Order; Publication

Section 31a - Disposition of Corn Stubble; Destruction; Postponement

Section 32 - Inspection and Control of Bees; Chief Apiary Inspector; Duties; Preparation and Distribution of Literature on Bee Culture

Section 33 - Maintenance of Colony of Honey Bees in Hives in Which Brood Combs Are Fastened to Container; Diseased Bees

Section 34 - Instructions as to Treatment of Diseased and Miskept Colonies; Destruction

Section 35 - Transportation of Bees and Bee Equipment; Certificate; Inspection; Fees

Section 36 - Access by Inspector to Places Where Bees, Bee Supplies, Appliances or Equipment Are Kept; Inspection Cards

Section 36a - Records of Number and Locations of Colonies; Reports

Section 36b - Labeling and Sale of Honey; Restrictions

Section 36c - Maple Syrup and Maple Syrup Food Products; Labelling

Section 38 - Penalties for Violation of Secs. 33, 35, 36b and 36c

Section 38a - Establishment and Holding of Fairs

Section 38b - Massachusetts State Exposition Building Maintenance Fund

Section 38c - Agricultural Fairs; Facilities and Land Resources; Preservation and Rehabilitation

Section 40 - Trustees for County Cooperative Extension Service; Accounts; Director of Accounts; Annual Report

Section 41 - Selection of Directors; Terms

Section 42 - Receipt of Grants; Expenditure of Money; Power of Trustees

Section 43 - Instructors in Agriculture, Homemaking and Country Life

Section 44 - Preparation of Annual Budget

Section 44a - Suffolk County Annual Budget and Report; Tax Assessment

Section 45 - Acquisition of Land by Towns for Demonstration Work in Agriculture and Homemaking

Section 46 - Agricultural or Horticultural Societies; Exhibitions; Assignment of Police to Preserve Peace

Section 47 - Receipt of Department Reports by Farmers' Clubs; Annual Returns; Reports

Section 48 - Regulations for Preservation of Peace at Meetings or Exhibitions; Posting

Section 49 - Vendors, Gaming Activities, Shows or Plays Near Cattle Show, Fair or Exhibition; Gaming

Section 50 - Penalty for Violations of Sec. 49 or Regulations Established Under Sec. 48

Section 51 - Definitions Applicable to Secs. 52 to 63

Section 52 - Commercial Feed; Registration; Application; Changes in Guarantees; Hearing; Fee

Section 53 - Labels Affixed to Commercial Feed Containers or Accompanying Delivery in Bulk; Form and Content

Section 54 - Adulterated Feed, Defined

Section 55 - Restrictions on Distribution of Feed

Section 56 - Prohibited Acts or Omissions

Section 57 - Enforcement of Secs. 52 to 60; Prosecution of Violations; Hearing; Notice

Section 58 - Inspection of Commercial Feed Facilities and Vehicles; Warrant; Obtaining of Official Samples for Analysis and Forwarding of Results

Section 59 - Methods for Collection and Delivery of Samples for Analysis

Section 60 - Withdrawal of Commercial Feed From Sale; Release; Condemnation Proceedings; Seizure; Disposition

Section 61 - Penalties; Certified Copy of Official Analysis as Prima Facie Evidence

Section 62 - Publication of Pertinent Information and Data Concerning Commercial Feed; Results of Analysis; Confidential Status

Section 63 - Rules and Regulations Relative to Sale of Commercial Feed

Section 64 - Definitions Applicable to Secs. 65 to 83

Section 65 - Plant Nutrients or Beneficial Substances; Guarantees; Sources; Inspection and Analysis

Section 65a - Limitation on the Purchase and Application of Phosphorus Containing Fertilizer; Additional Regulations for the Limitation of Non-Point Source Pollution From Plant Nutrients

Section 66 - Licenses to Distribute Fertilizers; Registration of Specialty Fertilizers; Applications; Labels; Fees

Section 67 - Labeling of Containers of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials; Contents

Section 68 - Registration and Inspection Fees for Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 69 - Statement of Tonnage Sold; Inspection Fee; Filing; Permit to Examine Books

Section 70 - Analysis of Fertilizers; Inspection and Taking of Samples; Publication of Results

Section 71 - Analysis Deficiencies; Penalties

Section 72 - Weight Deficiencies; Penalty

Section 73 - Determination and Publication of Values per Unit of Certain Nutrients in Fertilizers

Section 74 - False or Misleading Labeling of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials; Deleterious or Harmful Ingredients

Section 75 - Rules and Regulations; Effectiveness; Violations; Prosecution, Restriction

Section 76 - Misleading or Deceptive Practices; Violations; Refusal or Cancellation of Certificate

Section 77 - Analysis of Samples

Section 78 - Nonconforming Products; Violations; Withholding From Sale; Release; Condemnation; Seizure; Disposal

Section 79 - Violations; Penalties; Official Analysis as Prima Facie Evidence

Section 80 - Publication of Information Concerning Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 81 - Minor Violations; Reporting

Section 82 - Rules and Regulations Relative to the Sale of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 83 - Exempt Transactions

Section 84 - Definitions Applicable to Secs. 84 to 101

Section 85 - Sale of Seeds; Labeling or Tagging Containers; Required Information

Section 86 - Sale of Seeds; Labeling or Tagging Containers; Variety or Cultivar Designation

Section 87 - Vegetable Seeds; Labeling or Tagging Containers; Required Information

Section 88 - Flower Seeds; Labeling Containers; Required Information

Section 89 - Tree and Shrub Seeds; Labeling Containers; Required Information

Section 90 - Sale of Seeds; Percentage of Germination; Labeling; False Advertisements; Noxious Weed Seeds

Section 91 - Defacing or Destroying Labels; False Advertising; Prohibited Sales

Section 92 - Application of Secs. 85 to 91

Section 93 - Exemption From Penalty of Sec. 100; Limitations

Section 94 - Enforcement; Prosecutions

Section 95 - Access for Inspection; Taking Samples for Tests and Analyses; Cooperation With United States Department of Agriculture; Withholding Seeds From Sale

Section 96 - Seizure and Condemnation; Court Proceedings

Section 97 - Tests and Analyses; Reports; Publication of Results

Section 98 - Seed Germination Standards; Enforcement

Section 99 - Purity and Germination Tests; Fees; Disposition

Section 100 - Penalty

Section 101 - Sale of Seed Potatoes Restricted; Waiver; Penalty

Section 102 - Marketing and Promotion of Apples; Purpose and Policy

Section 103 - Definitions Applicable to Secs. 102 to 115

Section 104 - Marketing Agreements; Approval

Section 105 - Marketing Orders; Issuance; Notice and Hearing; Amendment or Termination of Orders

Section 106 - Budgets for Marketing Orders or Agreements; Cooperation With Other States and Federal Government

Section 107 - Collection of Assessments

Section 108 - Marketing Agreements or Orders; Provisions

Section 109 - Temporary Suspension of Marketing Orders or Agreements; Notice and Hearing

Section 110 - Economic Factors

Section 111 - Effect of Marketing Agreements or Marketing Orders; Execution or Issuance of One Without Other; Concurrent Hearings

Section 112 - Issuance, Amendment or Termination of Marketing Orders; Deposit to Defray Expenses; Reimbursement

Section 113 - Assessments Held in Trust; Disbursements; Refunds; Reports

Section 114 - Advisory Board Established With Marketing Order; Membership; Expenses; Duties

Section 115 - Rules and Regulations; Promulgation; Actions to Enforce Compliance; Injunctions; Costs

Section 116 - Definitions Applicable to Secs. 117 to 123

Section 117 - Industrial Hemp; Regulation; Acquisition of Seed

Section 118 - Purposes for Which Industrial Hemp May Be Planted, Grown, Harvested, Possessed, Processed or Sold; Registration and Licensure

Section 119 - Annual License; Grounds for Denial of Application

Section 120 - Suspension, Revocation or Refusal to Renew License

Section 121 - Rulemaking Authority

Section 122 - Inspection and Testing Program

Section 123 - Fines; Appeals

Section 124 - Enforcement of Federal Standards Related to Growing, Harvesting, Packing and Holding of Produce for Human Consumption