AGRICULTURE

M.G.L. pt. Part I, tit. Title XIX, ch. c. 128

in effect

M.G.L. c. 128, § 1 Definitions

c. 128, § 1. Definitions Section 1. The following words as used in this chapter shall have the following meanings unless the context otherwise requires: ''Commissioner'', the commissioner of agricultural resources. ''Department'', the department of agricultural resources. ''Director'', in sections 16 to 31A, inclusive, the director of the division of regulatory services in the department of agricultural resources. ''Inspector'', in sections thirty-two to thirty-eight, inclusive, the inspector of apiaries. ''Nursery stock'', trees, shrubs, woody plants and strawberry plants, whether wild or cultivated, and parts thereof for propagation. ''Riding school operator'', any person owning or having the custody of one or more horses which are let for hire to be ridden or driven, with or without the furnishing of riding or driving instructions. ''Trustees'', the trustees for county cooperative extension service.

M.G.L. c. 128, § 1A Farming, agriculture, farmer; definitions

c. 128, § 1A. Farming, agriculture, farmer; definitions Section 1A. ''Farming'' or ''agriculture'' shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.

M.G.L. c. 128, § 2 Powers and duties of the department

c. 128, § 2. Powers and duties of the department Section 2. The department through its proper divisions shall have power to-- (a) Execute and carry into effect the laws relative to dairy products, animal breeding, apple grading, plant pest control except the gypsy and brown tail moths and the tent caterpillars, apiary inspection, and the production, storage, marketing and distribution of agricultural products. (b) Aid in the promotion and development of the agricultural resources of the commonwealth and the improvement of conditions of rural life, the settlement of farms and the distribution of the supply of farm labor. (c) Establish a foreign trade section in the division of agricultural development and investigate the cost of production and marketing in all phases, and the sources of supply, of agricultural, aquacultural, floricultural or horticultural commodities, transportation, storage, marketing and distribution of said products sold, offered for sale, stored or held within the commonwealth. (d) Collect and disseminate data and statistics as to the food, flowers and other horticultural products produced, marketed, stored or held within the commonwealth, with the quantities available from time to time and the location thereof. (e) Investigate and aid improved methods of co-operative production, marketing and distribution of agricultural products within the commonwealth. (f) Offer prizes for and conduct exhibits of flowers, fruits, vegetables, grasses, grains or other farm crops, dairy products, honey, horses, breeding ponies, cattle, sheep, swine, poultry, poultry products, rabbits, hares, dairy goats, farm operations, and canned and dried fruits and vegetables and offer prizes for, and in aid of, the elimination and suppression of insect pests. The department may also offer prizes for, and in aid of, such agriculturally related youth programs as the commissioner may deem approved. To properly display exhibits authorized in this paragraph, the department may expend such sums as may be appropriated therefor for the painting, renovation, remodeling and maintenance of the state agricultural and industrial building in the town of West Springfield and in the city of Brockton. (g) Promote, develop and encourage through the Massachusetts Thoroughbred Breeding Program, the breeding of thoroughbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: the Massachusetts Thoroughbred Breeders Association, Inc. shall from time to time in consultation with the chairman of the racing commission and the program manager for the equine division in the department of agriculture set the percentages for bonuses to be awarded to the breeder of a Massachusetts bred thoroughbred horse, of the purse monies won by said thoroughbred horse in any pari-mutuel running horse race if said horse finishes first, second or third; the percentage for a cash prize to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (i) the stallion stood the breeding season of February through June in the commonwealth, (ii) the horse finishes first, second or third, and (iii) said stallion is registered with the department of food and agriculture; the percentage for a cash prize for the purse monies won by said thoroughbred horse in any unrestricted or restricted pari-mutuel running horse race held within or outside of the commonwealth to the owner of a Massachusetts bred horse if said horse finishes first, second, or third. The Massachusetts Thoroughbred Breeders Association, Inc. is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred thoroughbred race horses from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the association under this section may be in such amounts as the association shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that no person, partnership, corporation or group of persons may receive more than five thousand dollars as a cash prize breeder's award from the association for an individual horse race within the commonwealth. No person shall be eligible for the prizes provided herein unless the following standards are met: (1) The foal of a thoroughbred mare that drops said foal in the commonwealth and is bred back to the Massachusetts registered stallion shall be Massachusetts bred; or (2) The foal of a thoroughbred mare who resides in the commonwealth from the fifteenth day of December of the year prior to foaling, and continues such residence until foaling and foals in the commonwealth shall be Massachusetts bred. (3) In either the case of subparagraph (1) or (2) each thoroughbred foal dropped in the commonwealth shall be registered with the Jockey Club and the department of food and agriculture. (4) Prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all thoroughbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the commonwealth. The Massachusetts Thoroughbred Breeders Association, Inc. is hereby further authorized to expend up to eight percent of the amount received each fiscal year for said program for advertising, marketing, promotion, and administration of the thoroughbred breeding program in the commonwealth. The state auditor shall audit the books of the Massachusetts Thoroughbred Breeders Association, Inc., to ensure compliance with this section, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary. (h) Allot to fairs monies for the purchase, rental or installation of facilities to further aid in the display of exhibits and the health and comfort of the general public; provided, however, monies shall not be expended on any portion of the fair used for horse racing. It may also publish annually a leaflet relative to trees and birds, which shall be approved by the commissioner of education, and may distribute the same to the superintendents and teachers of rural and suburban public schools prior to Arbor and Bird Day. [ There is no paragraph (i).] [ Paragraph (j) effective until December 15, 2027. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12; 2011, 77, Sec. 12; 2011, 194, Sec. 84; 2014, 264, Sec. 11; 2016, 176, Sec. 11; 2017, 56, Sec. 11; 2018, 159, Sec. 11; 2019, 47, Sec. 11; 2020, 1, Sec. 11; 2020, 106, Sec. 11; 2021, 27, Sec. 11; 2022, 128, Sec. 11; 2023, 26, Sec. 17; and 2025, 73, Sec. 69.] (j) Promote, develop and encourage, through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses. The representative organization of standardbred breeders and owners approved by the state racing commission shall, from time to time in consultation with the chairman of the racing commission and the commissioner of the department of food and agriculture, set the percentages for purses to be awarded to the breeder of a Massachusetts standardbred horse. The representative organization of standardbred breeders and owners approved by the state racing commission may pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel racing meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization of standardbred breeders and owners approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse for such races or may be supplemental to the cash purses established by the licensee of the pari-mutuel facility. The standardbred horses eligible to participate in the purses provided herein shall be limited to those of racing ages 2 and 3 and shall have met the following requirements: (1) the qualifying standardbred horses shall have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion shall have stood the entire breeding season of February 1 to July 15, inclusive, in the commonwealth in the year any such eligible foal was conceived; or (2) the foal of a standardbred mare that drops the foal in the commonwealth and is bred back to a Massachusetts registered stallion; or the foal of a standardbred mare that resides in the commonwealth from December 1 of the year prior to foaling and continues such residence until foaling and foals in the commonwealth; (3) in either the case of subparagraph (1) or (2), each standardbred foal dropped in the commonwealth shall be registered with the United States Trotting Association and the department of food and agriculture. Prior to October 1 of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture a list of all standardbred mares bred to such stallion in that year and a verified statement representing that the stallion stood the entire breeding season in the commonwealth. The representative organization may expend up to 8 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth. The state auditor shall audit the books of the qualified organization, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary, to ensure compliance with this section. (k) Maintain authority to regulate and enforce the registration and application of plant nutrients put on or in soil to improve the quality or quantity of plant growth, including, but not limited to, fertilizer, manure and micronutrients in the commonwealth. The department shall promulgate regulations that specify when plant nutrients may be applied and locations in which plant nutrients shall not be applied. Subject to appropriation, the department may also develop regulations regarding the use of plant nutrients designed to mitigate significant risks to human health and the environment. The department may limit the scope of those regulations regionally as appropriate. The department shall work in conjunction with the University of Massachusetts Amherst Extension to ensure any regulations of the department relative to plant nutrients are consistent with the program's published information, educational materials and other public outreach programs relative to nutrient management and fertilizer guidelines. The department may establish fines for violations of regulations promulgated under this subsection which shall not exceed $250 for a first offense, $500 for a second offense and $1000 for a third or subsequent offense. A person aggrieved by the assessment of a fine under this subsection may appeal that fine by filing a notice of appeal with the division of administrative law appeals within 10 days of the receipt of the notice of the fine. An appellant shall be granted a hearing before the division of administrative law appeals under chapter 30A. The hearing officer may affirm or, if the aggrieved person demonstrates by a preponderance of evidence that the fine was erroneously issued, vacate or modify the fine. A person aggrieved by a decision of the hearing officer may file an appeal in the superior court under said chapter 30A.

M.G.L. c. 128, § 2A Horse riding instructors; licenses; fees; validity of license; duplicate licenses; rules and regulations

c. 128, § 2A. Horse riding instructors; licenses; fees; validity of license; duplicate licenses; rules and regulations Section 2A. No person shall hold himself out to be a horse riding instructor for hire without being licensed for such purpose by the commissioner. Application for a license under this section may be filed with the commissioner and shall contain such information as he shall prescribe. Every such application shall be accompanied by a registration fee of 20 dollars, which shall in no event be refunded. If an application is approved by the commissioner, the applicant upon the payment of an additional fee of 30 dollars shall be granted a license, which shall expire on March thirty-first following the date of issue, unless sooner revoked. The annual fee for renewal thereafter shall be 30 dollars. Every person licensed as aforesaid shall endorse his usual signature on the margin of the license in the space provided for such purpose immediately upon the receipt of said license, and such license shall not be valid until so endorsed. In case of loss, mutilation, or destruction of a license, the commissioner shall issue a duplicate upon proper proof thereof and payment of a fee of 4 dollars. The commissioner shall make rules and regulations governing the issuance and revocation of said license, and shall establish the minimum qualifications for the issuance thereof. If the qualifications of an applicant meet or exceed the minimum qualifications established by the commissioner he shall be issued such license.

M.G.L. c. 128, § 2B Riding schools or stables; license; fee; rules and regulations; penalties

c. 128, § 2B. Riding schools or stables; license; fee; rules and regulations; penalties Section 2B. Every person engaged in the business of operating a riding school or a stable where horses are kept for hire, shall obtain a license therefor from the commissioner, the fee for which shall be $100, and such license shall expire on March thirty-first following the date of issuance, unless sooner revoked. The commissioner, subject to the approval of the governor may make rules and regulations governing the issuance and revocation of such licenses and the conducting of the businesses so licensed and relative to the maintenance of the premises, buildings and conveyances, the health of the horses or other equine animals, and the method and time of inspection and checking of said animals. Whoever violates any provision of this section or of any rule or regulation made thereunder shall be punished for a first offence by a fine of not more than one hundred dollars and for any subsequent offence by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.

M.G.L. c. 128, § 2C Horses participating in contests at agricultural fairs; administering of drugs prohibited; testing, prima facie evidence; eligibility restricted; rules and regulations

c. 128, § 2C. Horses participating in contests at agricultural fairs; administering of drugs prohibited; testing, prima facie evidence; eligibility restricted; rules and regulations Section 2C. No person shall administer or cause to be administered any drug, internally or externally by injection, drench or otherwise, to any animal for the purpose of retarding, stimulating or in any other manner affecting the performance of such animal in or in connection with a contest conducted under the provisions of paragraph (f) of section two. The commissioner is hereby authorized to make such tests of saliva, blood and urine of any animal entered into a pulling contest as he may deem necessary. If a drug is found in the chemical analysis of said saliva, blood or urine, it shall be prima facie evidence that a drug has been administered. The owner of any animal which has been tested and in which a drug has been found, his representative, and any animals owned by or leased to such person shall be ineligible to participate in or receive premiums offered at any agricultural fair or any pulling contest in the commonwealth pending an investigation, finding, and order of the commissioner. The commissioner may make rules and regulations necessary to carry out the provisions of this section.

M.G.L. c. 128, § 2D Liability of persons involved in equine activities

c. 128, § 2D. Liability of persons involved in equine activities Section 2D. (a) For the purposes of this section, the following words shall have the following meanings:— ''Engage in an equine activity'', riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as part of an organized event or activity, or assisting a participant or show management. The term ''engage in an equine activity'' shall not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area or in immediate proximity to the equine activity. ''Equine'', a horse, pony, mule, or donkey. ''Equine activity'' (1) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting; (2) equine training or teaching activities or both; (3) boarding equines; including normal daily care thereof; (4) riding, inspecting, or evaluating by a purchaser or an agent an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (5) rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (6) placing or replacing horseshoes or hoof trimming on an equine; and (7) providing or assisting in veterinary treatment. ''Equine activity sponsor'', an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including but not limited to: pony clubs, 4–H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, stable and farm owners and operators, instructors, and promoters of equine facilities, including but not limited to farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held. ''Equine professional'', a person engaged for compensation: (1) in instructing a participant or renting to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; (2) in renting equipment or tack to a participant; (3) to provide daily care of horses boarded at an equine facility; or (4) to train an equine. ''Inherent risks of equine activities'', dangers or conditions which are an integral part of equine activities, including but not limited to: (1) The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (2) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (3) certain hazards such as surface and subsurface conditions; (4) collisions with other equines or objects; (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his ability. ''Participant'', any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in such equine activity. (b) Except as provided in subsection (c), an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in said subsection (c), no participant nor participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. (c) This section shall not apply to the racing meetings as defined by section one of chapter one hundred and twenty-eight A. Nothing in subsection (b) shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) (i) provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or (ii) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, and determine the ability of the participant to safely manage the particular equine based on the participant's representations of his ability; (2) owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land, or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and for which warning signs, pursuant to subsection (d), have not been conspicuously posted; (3) commits an act of omission that constitutes willful or wanton disregard for the safety of the participant, and that act of omission caused the injury; or (4) intentionally injures the participant. (d)(1) Every equine professional shall post and maintain signs which contain the warning notice specified in paragraph (2). Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice specified in said paragraph (2) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in said paragraph (2). (2) The signs and contracts described in paragraph (1) shall contain the following notice: WARNING Under Massachusetts law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 2D of chapter 128 of the General Laws.

M.G.L. c. 128, § 2E Agricultural harvesting or ''pick-your-own'' farming operations; liability of owners or operators

c. 128, § 2E. Agricultural harvesting or ''pick-your-own'' farming operations; liability of owners or operators Section 2E. No owner, operator, or employee of a farm who allows any person to enter said farm for the purpose of agricultural harvesting, including the cutting of Christmas trees under a so-called ''pick-your-own'' agreement shall be liable for injuries or death to persons, or damage to property, resulting from the conduct of such operation in the absence of wilful, wanton, or reckless conduct on the part of said owner, operator, or employee. Said owner or operator of said farm shall post and maintain signs which contain the warning notice specified herein. Such signs shall be placed in a location visible to persons allowed to enter said farm for the purpose of agricultural harvesting. The warning notice shall appear on a sign in black letters, with each letter to be a minimum of one inch in height and shall contain the following notice: WARNING Under section 2E of chapter 128 of the General Laws the owner, operator, or any employees of this farm, shall not be liable for injury or death of persons, or damage to property, resulting out of the conduct of this ''pick-your-own'' harvesting activity in the absence of wilful, wanton, or reckless conduct.

M.G.L. c. 128, § 3 Collection and circulation of information regarding development of agricultural resources

c. 128, § 3. Collection and circulation of information regarding development of agricultural resources Section 3. The department may collect all necessary information in regard to the opportunities for developing agricultural resources through the reoccupancy of idle or partly improved farms and farm land, and may cause the facts so obtained, and a statement of the advantages offered, to be circulated where and how it deems for the best interest of the commonwealth.

M.G.L. c. 128, § 4 Trust funds, gifts or bequests

c. 128, § 4. Trust funds, gifts or bequests Section 4. The department may take, and hold in trust, funds collected pursuant to marketing orders or agreements as set forth in sections one hundred and two through one hundred and fifteen of this chapter, and gifts and bequests to it for promoting agricultural education or the general interests of husbandry.

M.G.L. c. 128, § 5 Annual report

c. 128, § 5. Annual report Section 5. The department shall make an annual report, including the number of agents, assistants and scientific experts employed in the various divisions together with their expenses and disbursements, of all investigations made by the department of all cases prosecuted with the results thereof, and any other information advantageous to the public and agricultural industry.

M.G.L. c. 128, § 6 Lectures and publications

c. 128, § 6. Lectures and publications Section 6. The commissioner may arrange for lectures before the department, and may issue for general distribution such publications as he considers best adapted to promote the interests of agriculture including, but not limited to, reports, bulletins, special circulars, or otherwise, the results of analysis of commercial fertilizers and feedstuffs made under sections fifty-one to eighty, inclusive of chapter one hundred and twenty-eight.

M.G.L. c. 128, § 7 Posters containing extracts of laws; preparation and distribution

c. 128, § 7. Posters containing extracts of laws; preparation and distribution Section 7. The commissioner shall cause to be printed on durable material, suitable to be affixed to trees or otherwise to be posted in the open air, copies of such extracts from section thirty-six of chapter one hundred and thirty-one and sections one hundred and five, one hundred and thirteen, one hundred and fifteen, one hundred and seventeen, one hundred and twenty-two and one hundred and thirty-one of chapter two hundred and sixty-six as in his opinion will tend to prevent depredations on farm and forest lands, and shall furnish a reasonable number of such copies to any owner or tenant of land, upon application, at a price not less than the cost thereof.

M.G.L. c. 128, § 7A Definitions

c. 128, § 7A. Definitions Section 7A. As used in this chapter the following words shall, unless the context otherwise requires, have the following meanings:— ''Agriculture'' and ''farming'', as defined in section 1A of chapter 128. ''Arbor'', an area of land devoted to the propagation and cultivation of fruitbearing trees and shrubs, and nut trees. ''Bureau'', the bureau of land use in the division of agricultural development. ''Chief'', the chief of the bureau of land use. ''Elderly persons of low income'', persons who are age 65 or over and whose annual income is less than the amount necessary to enable them to maintain a decent standard of living, except that where there exists a surplus of land appropriate for garden use, the age requirement may be reduced by the director to age 62; but the oldest of the applicants between 62 and 65 shall be given preference. ''Families of low income'', families and persons whose net annual income is less than the amount necessary to enable them to maintain a decent standard of living. ''Farm'', a body of land devoted to agriculture. ''Garden'', a piece of land appropriate for the cultivation of herbs, fruits, flowers, or vegetables. ''Greenhouse gas benefits'', greenhouse gas emissions source reduction or carbon sequestration. ''Healthy soils'', soils that enhance their continuing capacity to function as a biological system, increase soil organic matter, improve soil structure and water and nutrient-holding capacity and result in net long-term greenhouse gas benefits. ''Healthy soils practices'', practices that: (i) improve measurable soil health on lands utilized for commercial farming, suburban and urban lawns, yards and gardens, public and private forests, parks and other open spaces and non-paved outdoor areas of office complexes, mixed-use facilities, businesses, industries and colleges and other institutions; (ii) provide 1 or more of the following benefits: (A) improve food production; (B) encourage the health, growth and biological diversity of plants and forests; (C) increase water infiltration reducing storm water run-off; (D) provide drought and crop resilience; (E) enhance water quality; and (F) reduce the use of fertilizers and herbicides; and (iii) provide greenhouse gas benefits. ''Use'', when applied to gardening; to make use of, without conveyance of title or any other ownership. ''Vacant public land'', any land owned by the commonwealth, or any county or municipality therein, that is not in use for public purpose.

M.G.L. c. 128, § 7B Use of public lands; application; indemnification

c. 128, § 7B. Use of public lands; application; indemnification Section 7B. Any person may make application to the bureau of land use on a form to be furnished by the bureau for a permit to use available vacant public land for garden, arbor, or farm purposes. Applicants shall submit a plan for said use and shall agree to maintain the land in a condition consistent with said land use plan, and shall agree to abide by the rules and regulations promulgated by said bureau. Failure to carry out the conditions of agreement shall result in the forfeiture of the garden, arbor or farm permit. Any person who is granted the use of garden, arbor, or farm land shall indemnify and save harmless the commonwealth, the department of agricultural resources and all of its officers, agents and employees against suits and claims of liability of each name and nature arising out of, or in consequence of the use of vacant public land.

M.G.L. c. 128, § 7C Priority in allotment of public lands

c. 128, § 7C. Priority in allotment of public lands Section 7C. Priority in the allotment of vacant public land for garden and arbor purposes shall be given to elderly persons of low income, families of low income and children between the ages of 7 and 16. Products grown in gardens and arbors shall not be sold.

M.G.L. c. 128, § 7D Bureau contracts for use of public lands

c. 128, § 7D. Bureau contracts for use of public lands Section 7D. The bureau shall, with the cooperation of other state agencies and cities and towns, compile a list of all vacant land, that in the opinion of the agencies and cities and towns, can be feasibly used for gardening, arbor culture or farming. The bureau shall, by letters of agreement, contract with such agencies or cities and towns for the use of said vacant land. Contracts may contain a termination date. If no date is determined, either party may terminate the contract by written notice given within 60 days; but no contract shall be terminated until the end of the harvest season. The bureau shall notify the gardeners or farmers of the notice of termination.

M.G.L. c. 128, § 7E Making land available to bureau

c. 128, § 7E. Making land available to bureau Section 7E. Owners of land may make available to the bureau parcels of land for the purposes set forth in section 7B under terms and conditions agreed upon between the owners and the bureau, and the commonwealth, the department and all of its officers, agents and employees shall be saved harmless as provided in section 7B.

M.G.L. c. 128, § 7F Adoption of rules and regulations

c. 128, § 7F. Adoption of rules and regulations Section 7F. The commissioner after a public hearing shall adopt and promulgate rules and regulations in accordance with chapter 30A and consistent with sections 7A to 7E, inclusive of this chapter.

M.G.L. c. 128, § 8A Destruction or control of foxes and rodents; investigations; cooperative arrangements with United States

c. 128, § 8A. Destruction or control of foxes and rodents; investigations; cooperative arrangements with United States Section 8A. In order to protect the food supplies, agricultural produce, growing crops, live stock, manufactured goods and buildings, and to safeguard the public health, the commissioner may investigate the life and habits of, and may take necessary measures to destroy or to control, foxes, and rats, mice, woodchucks, and such other rodents not protected by law, as may from time to time be determined by him to be detrimental to one or more of such purposes. In performing such duties he may, by himself or by his authorized agent, with the consent of the owner or tenant, enter upon private premises for any of such purposes at any reasonable time. In order to carry out this section, the commissioner may enter into co-operative arrangements with the United States or any agency thereof, with any department, board or commission of this commonwealth or any political subdivision thereof, or with any association, corporation or individual owning, occupying or possessing any property within the commonwealth. Section forty-three of chapter one hundred and thirty-one shall not apply to the destruction of rodents under this section. Nothing herein shall be construed to authorize the destruction or control of foxes by the use of poison.

M.G.L. c. 128, § 8B Supervision of mink ranches; listing; fee; certificate; penalty

c. 128, § 8B. Supervision of mink ranches; listing; fee; certificate; penalty Section 8B. Mink that have been propagated in captivity for two or more generations shall be considered domesticated mammals subject to all the laws of the commonwealth with reference to possession, ownership and taxation as are at any time applicable to domesticated animals; such domesticated mink and the pelts or products thereof shall be deemed agricultural products and shall not be subject to the provisions of chapter one hundred and thirty-one. The breeding, raising, producing in captivity and marketing thereof shall be deemed an agricultural pursuit. For the purposes of this section, a mink ranch shall be deemed to be any place where mink as defined by this section are raised and propagated in captivity. Each mink ranch shall be listed with the department on or before February first of each year and the premises and the breeding records may be inspected by the commissioner or his agents at any reasonable time. The fee for such listing shall be $25 annually for which fee a certificate shall be issued by the department of agriculture. Such certificate shall be posted in a conspicuous place on the premises at all times. The burden shall be upon the owner of such a ranch to prove that all mink possessed are domesticated as defined above. Whoever violates any provisions of this section shall be punished by a fine of not more than one hundred dollars.

M.G.L. c. 128, § 9 Establishment of demonstration sheep farms

c. 128, § 9. Establishment of demonstration sheep farms Section 9. The department may establish demonstration sheep farms in such places as may be selected by the commissioner. Such a farm may be established in co-operation with the owner of any farm who is desirous of conducting it in conformity with this and the two following sections.

M.G.L. c. 128, § 10 Maintenance of flock of sheep on demonstration farm

c. 128, § 10. Maintenance of flock of sheep on demonstration farm Section 10. Each person conducting a demonstration sheep farm shall maintain under the supervision of and in accordance with such rules and regulations as may be prescribed by the commissioner, a flock of not less than twenty sheep and under his direction may from time to time purchase and sell such sheep as may be considered essential to the proper development of the industry in the locality of such farm, the sheep so purchased or sold to be passed upon by the division of animal health as to their condition and freedom from disease.

M.G.L. c. 128, § 11 Compensation from commonwealth for use of farm as a demonstration sheep farm

c. 128, § 11. Compensation from commonwealth for use of farm as a demonstration sheep farm Section 11. The owner of every such farm shall receive a reasonable compensation from the commonwealth for the use of the farm as such demonstration sheep farm, for the labor and expense involved in carrying out this and the two preceding sections, and for any loss involved in the purchase or sale of sheep made in accordance with the preceding section.

M.G.L. c. 128, § 12 Powers and duties of division of regulatory services

c. 128, § 12. Powers and duties of division of regulatory services Section 12. The division of regulatory services shall investigate all dairy products bought or sold, enforce the laws for the manufacture, transfer and sale of such products, and take such action as will tend to produce better quality thereof and to improve the dairy industry. It may co-operate with the department of public health and with inspectors of milk, but it shall not interfere with the duties of such department or officers.

M.G.L. c. 128, § 13 Report of unsanitary condition

c. 128, § 13. Report of unsanitary condition Section 13. The bureau of dairying in the division of regulatory services shall report to the director of animal health each case brought to its attention where any barn, stable or other enclosure, where neat cattle, other ruminants or swine are kept, is found in an unsanitary condition.

M.G.L. c. 128, § 13A Reimbursement following dealer's milk payment default

c. 128, § 13A. Reimbursement following dealer's milk payment default Section 13A. The Milk Producers Security Fund, established by section 48 of chapter 10, shall be for the purpose of reimbursing Massachusetts producers who sold milk to a dealer when the dealer has defaulted in the timely payment for the milk under chapter 94A, or orders, rules or regulations issued under the authority thereof, or of a federal milk marketing order. Each producer shall notify the commissioner in writing of any default in the payment within 90 days after the date on which payment of milk is regularly due. If there is reason to believe that the dealer is in arrears in his payments to producers for milk received by him, the commissioner shall give notice to all producers so affected to file verified claims with the commissioner. The commissioner shall examine all claims so filed and shall certify the amounts determined to be due thereon, and transmit the same for payment to the state treasurer under section 48 of chapter 10.

M.G.L. c. 128, § 13B Dealer payments into Milk Producers Security Fund

c. 128, § 13B. Dealer payments into Milk Producers Security Fund Section 13B. (a) The dealer of milk in the commonwealth who first received milk from Massachusetts producers, shall pay on or before the due date of payment to the producers, the amount of 5 cents per 100 weight on the volume of all the milk purchased from the producers and the payments shall be deposited with the state treasurer in the Milk Producers Security Fund established by section 48 of chapter 10. Payment as provided in this section shall be made for all milk shipped to a dealer by a producer who is not a member of a cooperative association which guarantees payment where there is a default in the payment for milk. Payment shall be deducted by the dealer from monies owed by the dealer to the producers in the amount of 5 cents per 100 weight. (b) The commissioner may suspend the collection of payments made under subsection (a) from time to time as the commissioner determines to be in the best interests of the producers affected by this section and section 13A; provided, that the balance of the fund shall not be less than $1,000,000; and provided further, that the commissioner shall consider the quantity of milk covered by the fund and the current price levels for milk when making the determination. The commissioner shall provide 30 days written notice of any suspension or reinstatement of payments into the fund to the house and senate committees on ways and means and to all dealers and producers affected. (c) Notwithstanding section 13A, a milk producer who pays into the fund under subsection (a) may, after the milk producer's application is approved by the commissioner, be reimbursed up to an amount equal to the monies paid by the applicant into the fund minus any funds previously distributed to said applicant plus a pro rata share of the interest earned by the fund. The commissioner shall establish criteria for the approval of the applications, the criteria shall include, but shall not be limited to: whether the milk producer continues to produce milk; whether the milk producer has joined a cooperative association; and other criteria the commissioner deems relevant. The commissioner shall not authorize a reimbursement if payment of that reimbursement would result in the balance of the fund falling below $1,000,000. Upon approval of an application, the commissioner shall certify the amount due to the milk producer and transmit the certified amount for payment to the state treasurer under section 48 of chapter 10.

M.G.L. c. 128, § 14 Access by department to places or vehicles used in manufacture, storage or sale of dairy products; enforcement of laws; hindrance of officer

c. 128, § 14. Access by department to places or vehicles used in manufacture, storage or sale of dairy products; enforcement of laws; hindrance of officer Section 14. The department and its employees shall have access to each place or vehicle used in the manufacture, storage, transportation or sale of dairy products or imitations thereof, and to each vessel and can used in such manufacture, storage, transportation and sale, and shall have the authority given to the department of public health or its officers, or to inspectors of milk, to enforce and prosecute violations of all laws relating to dairy products or imitations thereof. Whoever hinders, obstructs, or in any way interferes with an officer or duly authorized agent of the department in the performance of his duty shall be punished for a first offence by a fine of one hundred dollars and for a subsequent offence by a fine of two hundred dollars, to the use of the commonwealth.

M.G.L. c. 128, § 15 Duties of employees of department

c. 128, § 15. Duties of employees of department Section 15. Employees of the department shall visit towns to inquire into the methods and needs of practical husbandry, ascertain the adaptation of agricultural products to soil, climate and markets, encourage the establishment of farmers' clubs, agricultural libraries and reading rooms, disseminate useful information in agriculture by lectures or otherwise, and annually in October make detailed reports to the commissioner.

M.G.L. c. 128, § 16 Entry upon public or private grounds for purposes of abating serious plant diseases; contracts

c. 128, § 16. Entry upon public or private grounds for purposes of abating serious plant diseases; contracts Section 16. The director of regulatory services and his assistants may at all times enter any public or private grounds in the performance of duties required by section seventeen to thirty-one, inclusive, for the purpose of abating any serious plant diseases. Said director may, subject to appropriations, make contracts on behalf of the commonwealth.

M.G.L. c. 128, § 17 Inspection of nurseries; certificate; suppression of pests

c. 128, § 17. Inspection of nurseries; certificate; suppression of pests Section 17. The said director, either personally or through his assistants, shall inspect at least once each year each nursery or place where nursery stock is grown, and if no dangerous insects or fungous pests are found therein, he shall give a certificate to that effect. If such pests are found therein the owner of the stock shall take such measures to suppress the same as the director shall prescribe, and no certificate shall be given until he has satisfied himself by a subsequent inspection that all such pests have been suppressed. He shall determine the season for inspecting nurseries and the form of certificates to be given but in no case shall he issue a certificate to continue in force after July first next following the date of inspection.

M.G.L. c. 128, § 18 Licensing of nursery agents; application; revocation

c. 128, § 18. Licensing of nursery agents; application; revocation Section 18. Each agent or other person, except a grower, who sells nursery stock shall make application to the director for an agent's license, and shall file with him the names and addresses of all persons or nurseries from which he purchases his stock. On receipt of such application, the director shall issue an agent's license, valid for one year, in such form and with such provisions as the department prescribes. The license may be revoked at any time for failure to report the names and addresses of persons or nurseries from which stock is purchased, or for such other cause as may be deemed sufficient by the director and the commissioner. Each person except a grower who sells, or who takes or solicits orders for, nursery stock shall be regarded as a nursery agent for the purposes of sections eighteen to thirty-one, inclusive.

M.G.L. c. 128, § 19 Sale of nursery stock; grower's certificate

c. 128, § 19. Sale of nursery stock; grower's certificate Section 19. No person shall sell, exchange, give, deliver or ship within the commonwealth any tree, shrub or plant commonly known as nursery stock unless such person holds a grower's certificate under section seventeen or an agent's license under the preceding section, and unless a copy of such certificate or license, or such other evidence as the department prescribes, shall accompany each car, box, bundle or package sold, exchanged, given, delivered or shipped, and unless such certificate or license is dated within twelve months of the date of such delivery or shipment; but this section shall not prohibit the selling, giving or exchanging of trees, plants or shrubs by any person who is not a grower of, dealer in, or agent for nursery stock.

M.G.L. c. 128, § 20 Importation of nursery stock; certificate of inspection

c. 128, § 20. Importation of nursery stock; certificate of inspection Section 20. No nursery stock shall be brought into the commonwealth unless it bears an unexpired certificate of inspection. Each person bringing into the commonwealth, or receiving for transportation to a point within the commonwealth from outside thereof, any car, box, bundle, package or consignment in any form, of living trees, shrubs or plants commonly known as nursery stock, shall immediately notify the director of the fact that such consignment has been received by him and give the name and address of the consignee, together with such further report as may be lawfully required by the director.

M.G.L. c. 128, § 20A Spread or growth of plants of water chestnut (<i>Trapa natans</i>)

c. 128, § 20A. Spread or growth of plants of water chestnut (<i>Trapa natans</i>) Section 20A. No person shall knowingly plant, transport, transplant or traffic in plants of water chestnut (Trapa natans) or in seeds or nuts thereof nor in any manner cause the spread or growth of such plants.

M.G.L. c. 128, § 21 Inspection of nursery stock, fruits and plants at points of destination; destruction; notice to director

c. 128, § 21. Inspection of nursery stock, fruits and plants at points of destination; destruction; notice to director Section 21. The director, either personally or through his assistants, may inspect at its point of destination all nursery stock coming into the commonwealth, and if such stock is found to be infested with injurious insects or plant disease he may cause it to be destroyed, treated or returned to the consignor at the consignor's expense. He may, either personally or through his assistants, inspect all fruits, plants and parts thereof brought into the commonwealth from outside thereof which also grow out of doors in this commonwealth, and, if such fruits, plants and parts thereof are found to be infested with injurious insects or plant disease likely to become established herein, he may cause the same to be destroyed, treated or returned to the consignor at the consignor's expense. Each person, except a common carrier, who receives, brings or causes to be brought into this commonwealth any such fruits, plants and parts thereof from such states, provinces or countries as may be designated by the commissioner, shall immediately after the arrival thereof notify the director of such arrival, and hold them until they have been duly inspected.

M.G.L. c. 128, § 23 Compensation for destruction of cultivated berry-bearing shrubbery; notice; investigation; arbitration; award; certification

c. 128, § 23. Compensation for destruction of cultivated berry-bearing shrubbery; notice; investigation; arbitration; award; certification Section 23. The owner of any cultivated berry-bearing shrubbery destroyed by the director or his assistants under sections twenty-one and twenty-two shall receive compensation therefor from the commonwealth, provided that he has given written notice thereof to the director within thirty days after the accrual of his claim to compensation. The director or an assistant shall thereupon investigate the same, and if the director does not agree with the claimant as to the validity of his claim or as to the amount thereof, the question at issue shall be determined by three arbitrators who shall be the commissioner, the director of the division of forests and parks in the department of environmental management, and an assistant attorney general to be designated by the attorney general. Any award of damages made by said arbitrators, together with the cost of the appraisal, shall be certified to the comptroller, and shall thereupon be paid by the commonwealth in the same manner as other claims.

M.G.L. c. 128, § 24 Inspection of orchards, etc. for noxious weeds, insect pests or plant diseases; notice to landowners, et al.; abatement; cost of treatment

c. 128, § 24. Inspection of orchards, etc. for noxious weeds, insect pests or plant diseases; notice to landowners, et al.; abatement; cost of treatment Section 24. The director, either personally or through his assistants, may inspect any orchard, field garden, roadside or other place where trees, shrubs or other plants exist, whether on public or private property, which he may know or have reason to suspect is overgrown with noxious weeds or infested with the San Jose scale or any serious insect pests or plant disease, when in his judgment such pests, disease or weeds are likely to cause loss to adjoining owners, and may serve upon the owner, occupant or person in charge of the land on which such noxious weeds, trees, shrubs or other plants are present, written notice of the presence of such weeds, pests or plant disease, with a statement that they constitute a public nuisance, together with directions to abate the same, giving the methods of treatment for the abatement thereof, and stating a time within which the nuisance must be abated in accordance with the methods given therein. If the person no notified refuses or neglects so to treat or destroy such weeds, trees, shrubs or other plants within the time prescribed, the director may cause such property to be so treated or destroyed, and may employ all necessary assistants for this purpose, who may enter upon any public or private property, if such entry is necessary for this purpose. Upon the completion of said treatment the director shall certify in writing to the owner or person in charge of the treated property the amount of the cost of such treatment, and if this be not paid to the commissioner within ninety days thereafter, the same may be recovered by suit, together with the cost of the suit.

M.G.L. c. 128, § 25 Appeal from proposed action

c. 128, § 25. Appeal from proposed action Section 25. In case of objection to the proposed action of the director or his assistants in executing any provision of sections sixteen to thirty-one, inclusive, an appeal in writing may be taken within ten days to the commissioner, and the appeal shall operate as a stay of proceedings until it has been heard and decided by the commissioner, whose decision shall be final.

M.G.L. c. 128, § 26 Proceedings after appeal; notice

c. 128, § 26. Proceedings after appeal; notice Section 26. When the commissioner has heard an appeal and has rendered a decision that the action of the director from which the appeal was taken is sustained, the director shall notify in writing the owner, occupant or person in charge of the trees, shrubs or other plants concerned, of the decision, and shall direct him to treat or destroy the trees, shrubs or other plants within a given time in accordance with a method prescribed in the notice. If the person so notified refuses or neglects so to treat or destroy such trees, shrubs or other plants within the time prescribed, the director may cause such property to be so treated or destroyed, and the cost thereof to be recovered as provided in section twenty-four.

M.G.L. c. 128, § 27 Prohibition on delivery within the commonwealth of infested nursery stock, fruit and plants

c. 128, § 27. Prohibition on delivery within the commonwealth of infested nursery stock, fruit and plants Section 27. The director, with the approval of the commissioner, after a duly advertised public hearing with notice to interested parties, may prohibit, for such periods and under such conditions as he may impose, the delivery within the commonwealth of nursery stock, fruits, plants and parts thereof from outside the commonwealth when in his opinion they are likely to be infested with insect pests or disease or are likely to act as a carrier thereof. With the approval of the commissioner, he may make and issue such rules and regulations as may be needed to carry out sections sixteen to thirty-one, inclusive, and may in such rules and regulations establish fees for registration or inspection. He may also enter into reciprocal agreements with other states under which nursery stock owned by nurserymen and dealers of such states may be sold or delivered in this commonwealth without the payment of a registration or inspection fee; provided, that like privileges are accorded in such other states to nurserymen and dealers of this commonwealth. He may publish information about such insects and disease as come within his observation.

M.G.L. c. 128, § 28 Exemption of gypsy and brown tail moths

c. 128, § 28. Exemption of gypsy and brown tail moths Section 28. Sections sixteen to twenty-seven, inclusive, twenty-nine and thirty, shall not apply to gypsy or brown tail moths in any stage of development except upon places where nursery stock is grown and upon property adjoining the same.

M.G.L. c. 128, § 29 Penalties for violation of Secs. 16 to 27

c. 128, § 29. Penalties for violation of Secs. 16 to 27 Section 29. Whoever violates any provision of sections sixteen to twenty-seven, inclusive, or offers any hindrance to the carrying out of any part thereof, or after receipt of written request from the director or any of his assistants unreasonably refuses or neglects to comply with any order or regulation lawfully made under any of said sections, shall be punished by a fine of not less than ten nor more than one hundred dollars to the use of the commonwealth.

M.G.L. c. 128, § 30 Prosecutions

c. 128, § 30. Prosecutions Section 30. All prosecutions under sections sixteen to twenty-seven, inclusive, section thirty-one and section thirty-one A shall be instituted and directed by the commissioner or by a person or persons specially designated for the purpose by him.

M.G.L. c. 128, § 31 European corn borer infestation; hearing; order; publication

c. 128, § 31. European corn borer infestation; hearing; order; publication Section 31. Whenever the director finds that any town or part thereof is infested with the European corn borer or other insect pest, except the gypsy and brown tail moth, or with a plant disease which in his opinion is likely to spread to other parts of the commonwealth or to other states, he may, after a duly advertised public hearing, and with the approval of the commissioner, issue an order stating the insect pest or plant disease to be guarded against, and prohibiting, for such periods and under such conditions as he deems necessary, the transportation to or from such town or part thereof, of any specified trees, plants, shrubs or other vegetable growths or products, and any specified containers or other articles by means of which such an insect pest or plant disease is or is likely to be carried. The order aforesaid shall be advertised in a newspaper published in each town where it is to be effective or in a newspaper of general circulation in the county where the town is situated. Whoever violates any order issued under this section or whoever offers any hindrance to the carrying out of such order shall be punished by a fine of not less than twenty-five nor more than three hundred dollars.

M.G.L. c. 128, § 31A Disposition of corn stubble; destruction; postponement

c. 128, § 31A. Disposition of corn stubble; destruction; postponement Section 31A. In any town or part thereof in which an order issued under section thirty-one in connection with the suppression of the European corn borer shall be in effect, every person in possession of land on which corn of any kind has been grown shall, except as hereinafter provided, not later than December first of the year of its growth, plow or cause to be plowed the field in which it was grown, so as to bury the stubble to a depth of at least six inches, or pull up said stubble or cause it to be pulled up and destroy it, or cause it to be destroyed, by burning, and every person having in his possession corn stalks shall, not later than April tenth of the year following that of their growth, completely dispose of such corn stalks by using them as fodder or by burning them. Whenever it shall be determined by the director that such plowing or burning would be detrimental to soil conservation or to the production of food or feed crops, he may issue an order or permit which shall authorize postponement of such plowing or burning, or shall authorize replanting without plowing, under such conditions not inconsistent with the purpose of this section as he may specify. Such an order or permit may be issued to apply to an individual field, to a farm, or to a geographical or political unit. Whoever violates any provision of this section or any order or permit issued hereunder shall be punished by a fine of not less than twenty-five nor more than five hundred dollars.

M.G.L. c. 128, § 32 Inspection and control of bees; chief apiary inspector; duties; preparation and distribution of literature on bee culture

c. 128, § 32. Inspection and control of bees; chief apiary inspector; duties; preparation and distribution of literature on bee culture Section 32. There shall be within the department a full-time chief apiary inspector to perform the duties of the department relative to a program for the inspection and control of bees, as provided in sections thirty-two through thirty-eight, inclusive. Subject to appropriation, the apiary inspector shall have a staff to perform said duties. With the approval of the commissioner, the inspector of apiaries shall prepare and distribute from time to time such literature upon the subject of bee culture as he deems advisable, shall make or cause to be made through his assistants such inspection of the bee colonies and beekeeping equipment throughout the commonwealth as is necessary to discover and suppress all bee diseases of a contagious or infectious nature inclusive of virus, fungus, bacterial or animal parasite and for this public purpose may require by regulation the registration of all bee colonies kept within the commonwealth and their location by the owners or caretakers thereof, the fee for which shall be determined by the secretary of administration and finance, which in no case shall exceed five dollars per registrant, regardless of the number of colonies so registered by him. The commissioner may make and issue reasonable regulations for carrying out this and sections thirty-three to thirty-eight, inclusive.

M.G.L. c. 128, § 33 Maintenance of colony of honey bees in hives in which brood combs are fastened to container; diseased bees

c. 128, § 33. Maintenance of colony of honey bees in hives in which brood combs are fastened to container; diseased bees Section 33. No persons shall knowingly maintain a colony or colonies of honey bees in hives, other receptacles, trees or other lodging places in which brood combs are fastened to the container of the colony or cross-built. No person shall neglect, expose, sell, barter, give or in any other way dispose of diseased bees or any colony container, comb, frame or other appliance used about the diseased bees in whole or in part in such manner as to cause the spread of the disease.

M.G.L. c. 128, § 34 Instructions as to treatment of diseased and miskept colonies; destruction

c. 128, § 34. Instructions as to treatment of diseased and miskept colonies; destruction Section 34. The inspector or his assistants, upon the discovery of bee diseases or any comb cross-built or fastened to the container in any apiary or colony shall give instruction to the owner or caretaker thereof as to the treatment of the diseased and miskept colonies, infected combs and equipment and shall cause the diseased and miskept colonies and all infected combs, hives and equipment to be treated, disposed of or destroyed in such manner as to suppress the disease. For the loss of colonies of bees and property destroyed by the inspector or his assistants the commonwealth shall pay to the owner two dollars per colony.

M.G.L. c. 128, § 35 Transportation of bees and bee equipment; certificate; inspection; fees

c. 128, § 35. Transportation of bees and bee equipment; certificate; inspection; fees Section 35. No colony of bees nor any used bee equipment shall be shipped or transported into or delivered in this commonwealth from any other state or country without a certificate, stating that the inspector of apiaries or other officer charged with similar duties in that state or country has inspected said colony or equipment within sixty days and that it is free from infectious or contagious disease. The department may by regulation establish a fee to be paid by any person or entity bringing hives, colonies or packages of bees into the commonwealth under this section, subject to approval by the secretary of administration and finance. Said fees shall not be assessed on the importation of five or fewer hives, colonies or packages so imported at one time, and shall be not less than five dollars for importation of from six to twenty hives, colonies or packages at one time, and shall be not less than twenty-five cents for each hive, colony or package in amounts over twenty imported at one time; provided, however, that in no event shall an individual or entity importing hives, colonies or packages of bees into the commonwealth be assessed any amount greater than two hundred and fifty dollars annually; provided, further, that no assessments shall be made for the importation of queen bees. No transportation company or common carrier shall be liable in damages for refusing to receive, transport or deliver any colony of bees or used equipment when unaccompanied by a certificate as above provided. This section shall not prevent the transportation or delivery of queen or package bees from Canada or the United States of America when not accompanied by brood, honey or comb.

M.G.L. c. 128, § 36 Access by inspector to places where bees, bee supplies, appliances or equipment are kept; inspection cards

c. 128, § 36. Access by inspector to places where bees, bee supplies, appliances or equipment are kept; inspection cards Section 36. The inspector or his assistants upon presentation of proper credentials of the department shall have access to each place where bees, bee supplies, appliances or equipment are kept and to each place where bees have lodged. No owner, renter, or keeper of beehives, used bee equipment, or places where bees have lodged, shall refuse or obstruct entry of the inspector or his assistants to any such place for inspection and for disease control purposes. There shall be secured to each colony inspected a legible card showing the date of inspection, the health or disease of the colony, and the signature of the inspector.

M.G.L. c. 128, § 36A Records of number and locations of colonies; reports

c. 128, § 36A. Records of number and locations of colonies; reports Section 36A. The inspector shall keep a detailed record of the number and location of all colonies inspected by him or his assistants, the number and location of all colonies found diseased, the treatment thereof, and expenditures incurred in the performance of the duties of his office. He shall report to the commissioner annually, and at such other times as the commissioner requests.

M.G.L. c. 128, § 36B Labeling and sale of honey; restrictions

c. 128, § 36B. Labeling and sale of honey; restrictions Section 36B. No person shall package, label, sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as ''honey'', ''liquid or extracted honey'', ''strained honey'', ''imitation honey'' or ''pure honey'' which is not pure honey made by honey bees. No person, firm, association, company or corporation, shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled as ''honey'' which consists of honey mixed with any other substance or ingredient. There shall be printed on the package containing such compound or mixture a statement of the ingredients of which it is made and if honey is one of such ingredients it shall be so plainly stated in the same size type as are the other ingredients; provided, however, such compound shall not be packaged, sold, exposed for sale, or offered for sale as ''honey'' or ''imitation honey'' nor shall such compound or mixture be branded or labeled with the word ''honey'', other than as herein provided.

M.G.L. c. 128, § 36C Maple syrup and maple syrup food products; labelling

c. 128, § 36C. Maple syrup and maple syrup food products; labelling Section 36C. No person shall manufacture, label, package, sell, keep for sale, expose or offer for sale any food article or food product branded as maple, maple syrup, maple candy, maple creams, maple butter, or maple sugar which is not made from pure maple syrup derived from the sap of the maple tree. Any compound or mixture branded or labelled as maple, maple syrup, maple candy, maple creams, maple butter or maple sugar, or branded as an imitation thereof, which consists of maple syrup mixed with any other substances or ingredients shall have printed on the package containing such compound or mixture a statement of the ingredients of which it is made, all said ingredients to be set forth in the same size type as the words ''maple syrup''. The use of the words ''maple'' or ''maple syrup'', shall not be used in the labelling or branding of any food product which does not contain any maple syrup in its ingredients.

M.G.L. c. 128, § 38 Penalties for violation of Secs. 33, 35, 36B and 36C

c. 128, § 38. Penalties for violation of Secs. 33, 35, 36B and 36C Section 38. Whoever violates section 33 or 35 shall be subject to a civil administrative penalty of not more than: (i) $30 for a first violation; (ii) $75 for a second violation; and (iii) $150 for each subsequent violation. Whoever violates section 36B or 36C shall be subject to a civil administrative penalty of not more than: (i) $2,000 for a first violation; (ii) $5,000 for a second violation; and (iii) $10,000 for each subsequent violation.

M.G.L. c. 128, § 38A Establishment and holding of fairs

c. 128, § 38A. Establishment and holding of fairs Section 38A. The director of the division of fairs shall supervise the establishment and holding of fairs for the encouragement or extension of agriculture.

M.G.L. c. 128, § 38B Massachusetts State Exposition Building Maintenance Fund

c. 128, § 38B. Massachusetts State Exposition Building Maintenance Fund Section 38B. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts State Exposition Building Maintenance Fund, the funds of which shall be expended solely for the purposes of upkeep, programming, promotion, maintenance and repairs of the Massachusetts State Exposition Building and the land thereon, described more fully as the Massachusetts Building at the Eastern States Exposition in the town of West Springfield. (b) The Massachusetts State Exposition Building Maintenance Fund shall receive monies from (1) gifts, grants and donations from public or private sources; (2) federal reimbursements, grants-in-aid or other money credited or transferred from any other fund or source; (3) rental fees and expenses received from tenants of the Massachusetts Building; and (4) any interest earned from the Massachusetts State Exposition Building Maintenance Fund. Such funds shall be impressed with a trust and held for the Board of Massachusetts Trustees of the Eastern States Exposition for certain expenditures for upkeep, programming, promotion, maintenance and repairs, as needed. The state treasurer may receive, deposit and invest funds held for said Board of Massachusetts Trustees of the Eastern State Exposition in such a manner that will ensure the highest interest rate available consistent with the safety of the fund. (c) The books and records of the Massachusetts State Exposition Building Maintenance Fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary. (d) The division of capital asset management and maintenance is hereby authorized to expend such funds as may be necessary to facilitate the upkeep, programming, promotion, maintenance and repairs of the Massachusetts state exposition building and the land thereon as more fully described herein. All such upkeep, programming, promotion, maintenance and repairs shall be made in a manner consistent with the provisions of chapter 579 of the acts of 1980 and all other applicable laws.

M.G.L. c. 128, § 38C Agricultural fairs; facilities and land resources; preservation and rehabilitation

c. 128, § 38C. Agricultural fairs; facilities and land resources; preservation and rehabilitation Section 38C. The commissioner may develop a program to assist in the preservation and rehabilitation of facilities and land resources of agricultural fairs in the commonwealth through short-term preservation covenants, grants, demonstration projects and other means. The commissioner may promulgate regulations relative thereto.

M.G.L. c. 128, § 40 Trustees for county cooperative extension service; accounts; director of accounts; annual report

c. 128, § 40. Trustees for county cooperative extension service; accounts; director of accounts; annual report Section 40. In each county, except counties maintaining vocational agricultural schools, there shall be an unpaid board of nine trustees to be known as trustees for county cooperative extension service. The county commissioners of each such county except Suffolk, and the city council of the city of Boston in Suffolk county, shall annually appoint three trustees, qualified as hereinafter provided, to serve for three years from April first of the year of the appointment, and shall fill any vacancy in said board for the unexpired term. All of said trustees shall be residents of the county where they are appointed, one shall always be a county commissioner of said county or, in the county of Suffolk a member of the city council of Boston, and four so far as is possible shall be taken from the directors, chosen as provided in the following section, of such cities and towns as have appropriated funds toward carrying out sections forty to forty-five, inclusive. No trustee, except a county commissioner, shall serve more than two consecutive full terms. The accounts of the trustees in each county except Suffolk shall be audited by the director of accounts and in Suffolk county shall be audited by the auditor of the city of Boston in the manner in which other county accounts are audited under general law. The trustees shall annually submit to the county commissioners or the city council of the city of Boston as the case may be, a report for the previous year with a statement of receipts and expenditures in such form and at such time as is required by them, and they shall cause the said report to be printed as part of their regular annual report.

M.G.L. c. 128, § 41 Selection of directors; terms

c. 128, § 41. Selection of directors; terms Section 41. Choice of the directors mentioned in section forty shall be made in such towns by the board of selectmen, and in such cities by the mayor, not later than fifteen days following the vote authorizing the appropriation specified in section forty. The directors shall serve for such terms as the mayor in cities and the town meeting in towns shall determine.

M.G.L. c. 128, § 42 Receipt of grants; expenditure of money; power of trustees

c. 128, § 42. Receipt of grants; expenditure of money; power of trustees Section 42. For purposes specified in sections forty to forty-five, inclusive, the trustees may receive on behalf of the county money appropriated by any town or by the federal government, or grants made by any individual, trustee or trustees, association or corporation, and may expend the same together with any money appropriated by the general court for any county for county aid to agriculture, either solely or in conjunction with representatives or agents of the commonwealth or of the United States or of any department, commission, board or institution created under the statutes of this commonwealth or under any act of congress. The trustees may enter into any agreements, arrangements or undertakings with any such department, commission, board or institution relative to extension work with adults and with boys and girls in agriculture, homemaking and country life. The trustees may expend each year an amount, not exceeding one per cent of the appropriation for county aid to agriculture, to pay the expenses, including the cost of meals, of unpaid volunteers at official meetings called for the purpose of furthering the organized educational projects or programs of the county extension service.

M.G.L. c. 128, § 43 Instructors in agriculture, homemaking and country life

c. 128, § 43. Instructors in agriculture, homemaking and country life Section 43. The trustees shall maintain one or more agents or instructors in agriculture, homemaking and country life, who shall meet the residents of the county individually and in groups for the purpose of teaching and demonstrating better practice in agriculture and homemaking, the benefits to be derived from co-operative efforts, better methods of marketing farm products and the organization of communities to build up country life.

M.G.L. c. 128, § 44 Preparation of annual budget

c. 128, § 44. Preparation of annual budget Section 44. The trustees, except in Suffolk county, shall annually prepare and submit to the county commissioners, not later than the first Wednesday in December, a budget containing detailed estimates of all sums required by them for carrying out sections forty to forty-five, inclusive, during the ensuing fiscal year, as defined in section sixteen of chapter thirty-five. The trustees, except in Suffolk county, in preparing their budget shall indicate estimated expenses for the agricultural, home economics, resource development and youth programs and shall record their expenditures in like manner in their annual report. The county commissioners shall include in their annual estimate of county expenses to be appropriated by the general court and raised by the annual county tax levy at least one half of such sums as they deem necessary to carry out said purposes.

M.G.L. c. 128, § 44A Suffolk county annual budget and report; tax assessment

c. 128, § 44A. Suffolk county annual budget and report; tax assessment Section 44A. The trustees in Suffolk county shall annually prepare and submit a budget containing detailed estimates of all sums required by them for carrying out sections forty to forty-five, inclusive, during the ensuing fiscal year. Said trustees in preparing their budget shall indicate estimated expenses for the agricultural, home economics, resource development and youth programs and shall record their expenditures in like manner in their annual report. To meet the expenses incurred there shall annually be expended from the state treasury, subject to appropriation, sums equal, in the aggregate, to seven cents on each one thousand dollars of the equalized valuations of the town of Winthrop and the cities of Boston, Chelsea and Revere, as most recently reported by the state tax commission to the general court under the provisions of section ten C of chapter fifty-eight of the General Laws, and the state treasurer shall issue his warrant requiring the assessors of said town and cities to assess a tax to the amount of the sums so expended in proportion to their said valuations, and such amounts shall be collected and paid to the state treasury as provided by section twenty of chapter fifty-nine of the General Laws; provided, that such town or any city may in any year anticipate in whole or in part its assessment, and appropriate, raise and deposit the amount thereof with the state treasury, and any sum so deposited shall be credited against such assessment. There may also be expended for the purpose of this act voluntary contributions for such purposes deposited in the state treasury.

M.G.L. c. 128, § 45 Acquisition of land by towns for demonstration work in agriculture and homemaking

c. 128, § 45. Acquisition of land by towns for demonstration work in agriculture and homemaking Section 45. Any town may acquire, by purchase or otherwise, in the manner in which land may be acquired for school purposes, real estate for the purpose of carrying on, under the direction of the agents or instructors of said trustees, demonstration work in agriculture and homemaking, and may appropriate money to be expended by said trustees under sections forty to forty-three, inclusive, or for the purpose of enabling the trustees to acquire necessary real estate, or for the support of demonstration work, under the direction of the agents or instructors or of the trustees, on land owned by the town or by any resident thereof.

M.G.L. c. 128, § 46 Agricultural or horticultural societies; exhibitions; assignment of police to preserve peace

c. 128, § 46. Agricultural or horticultural societies; exhibitions; assignment of police to preserve peace Section 46. Upon the application of the president of an incorporated agricultural or horticultural society to the authorities of a town where an exhibition of such society is to be held, such authorities shall assign for special service at such exhibition all police officers or constables necessary to preserve the peace and enforce the law thereat.

M.G.L. c. 128, § 47 Receipt of department reports by farmers' clubs; annual returns; reports

c. 128, § 47. Receipt of department reports by farmers' clubs; annual returns; reports Section 47. Farmers' clubs which are organized and are holding regular meetings shall, upon application made annually in November to the commissioner, receive copies of the department's report and of its other publications, in proportion to the number of their members and to the applications so made. A club which receives such copies shall annually in October make returns to said commissioner of its agricultural experiments and of the reports of its committees.

M.G.L. c. 128, § 48 Regulations for preservation of peace at meetings or exhibitions; posting

c. 128, § 48. Regulations for preservation of peace at meetings or exhibitions; posting Section 48. Each agricultural or horticultural society or farmers' club may establish such regulations, not inconsistent with law, as it considers necessary and expedient for the preservation of peace and good order or for the protection of its interests at its regular or annual meetings, shows, fairs or exhibitions, and shall cause at least five copies of such regulations to be posted in public places on its grounds not less than forty-eight hours before the time of holding each meeting, show, fair or exhibition.

M.G.L. c. 128, § 49 Vendors, gaming activities, shows or plays near cattle show, fair or exhibition; gaming

c. 128, § 49. Vendors, gaming activities, shows or plays near cattle show, fair or exhibition; gaming Section 49. No person, during the time of holding a cattle show, fair or exhibition or meeting of a farmers' club and without the consent of the authorities having charge of the same, shall establish within one half mile of the place of holding such show, fair, exhibition or meeting a tent, booth or vehicle of any kind for the purpose of vending any goods, wares, merchandise, provisions or refreshments. No person shall engage in gaming or horse racing or exhibit a show or play during the regular or stated time of holding a cattle show, agricultural fair or meeting of a farmers' club, or engage in pool selling, at or within one half mile of the place of holding the same; but no person having his regular place of business within such limits shall be hereby required to suspend his business.

M.G.L. c. 128, § 50 Penalty for violations of Sec. 49 or regulations established under Sec. 48

c. 128, § 50. Penalty for violations of Sec. 49 or regulations established under Sec. 48 Section 50. Whoever violates any provisions of the preceding section, or of a regulation established under section forty-eight, shall forfeit not more than twenty dollars.

M.G.L. c. 128, § 51 Definitions applicable to Secs. 52 to 63

c. 128, § 51. Definitions applicable to Secs. 52 to 63 Section 51. The following words as used in section fifty-two to section sixty-three, inclusive, unless a different meaning is required by the context, or is specifically described, shall have the following meanings:— ''Brand name'', any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. ''Commercial feed'', all materials except unmixed seed, whole or processed, when not adulterated within the meaning of section fifty-four which are distributed for use as feed or for mixture in feed; provided, that the commissioner by regulation may exempt from this definition, or from specific provisions of this act, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not inter-mixed with other materials, and are not adulterated within the meaning of said section fifty-four. ''Contract feeder'', a person who is an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount, or quality of product. ''Customer-formula feed'', commercial feed which consists of a mixture of the commercial feeds, or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. ''Drug'', any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body. ''Mineral feed'', a commercial feed intended to supply primarily mineral elements or inorganic nutrients. ''Official sample'', a sample of feed taken by the commissioner or his agent in accordance with the provisions of section fifty-eight D. ''Per cent or percentage'', the per cent by weight. ''Pet food'', any commercial feed prepared and distributed for consumption by pets. ''Product name'', the name of the commercial feed which identifies it as to kind, class, or specific use.

M.G.L. c. 128, § 52 Commercial feed; registration; application; changes in guarantees; hearing; fee

c. 128, § 52. Commercial feed; registration; application; changes in guarantees; hearing; fee Section 52. Each commercial feed shall be registered before being distributed in the commonwealth; provided, however, that customer-formula feeds are exempt from registration. The application for registration shall be submitted on forms furnished by the commissioner or his deputy and if the commissioner so requests, shall also be accompanied by a label or other printed matter describing the product. Upon approval by the commissioner or his deputy a copy of the registration shall be furnished to the applicant. All registrations shall expire on December thirty-one of each year. The application shall include the information required by section fifty-three. A distributor shall not be required to register any brand of commercial feed which is already registered under the provisions of this section by another person. Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted provided there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed, and provided the commissioner or his deputy is notified of the change. The commissioner or his deputy is empowered to refuse registration of any application not in compliance with the provisions of sections fifty-two to sixty, inclusive, and to cancel any registration subsequently found not to be in compliance with any provision thereof; provided, however, that no registration shall be refused or cancelled until the registrant shall have been given opportunity to be heard before the commissioner or his duly authorized assistant and to amend his application in order to comply with the law. The registration fee shall be twenty-five dollars.

M.G.L. c. 128, § 53 Labels affixed to commercial feed containers or accompanying delivery in bulk; form and content

c. 128, § 53. Labels affixed to commercial feed containers or accompanying delivery in bulk; form and content Section 53. All commercial feed distributed in the commonwealth except customer-formula feeds shall be accompanied by a legible label bearing the following information: (1) net weight; (2) name or brand under which the commercial feed is sold; (3) guaranteed analysis of the commercial feed, listing the minimum percentage of crude protein, minimum percentage of crude fat, and maximum percentage of crude fiber. For mineral feeds formulated entirely or mainly from mineral ingredients the list shall include the following if added: Minimum and maximum percentage of calcium (Ca) and minimum and maximum percentages of salt (NaCl). Other substances or elements, determined by laboratory methods, may be guaranteed by permission of the commissioner or his deputy. When any items are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the commissioner. Products sold solely as mineral or vitamin supplements and guaranteed as specified in this section need not show guarantees for protein, fat and fiber. In all cases the substances or elements must be determined by laboratory methods; (4) common or usual name of each ingredient used in the manufacture of the commercial feed, except, the commissioner or his deputy may, by regulation, permit the use of a collective term for a group of ingredients all of which perform the similar function, or he may exempt such commercial feeds or any group thereof from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers and providing that a statement of the ingredients to be used is on file with the commissioner or his deputy; (5) name and principal address of the manufacturer or the person responsible for distributing the commercial feed; (6) adequate directions for the use of all commercial feeds containing drugs and for such other feeds as the commissioner may require by regulation as necessary for their safe and effective use; (7) such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed. When a commercial feed is distributed in the commonwealth in bags or other containers, the label shall be placed on or affixed to the container; when a commercial feed is distributed in bulk, the label shall accompany delivery and be furnished to the purchaser at time of delivery. A customer-formula feed shall be labeled by invoice. The invoice, which is to accompany delivery and be supplied to the purchaser at the time of delivery, shall bear the following information: (1) name and address of the mixer; (2) name and address of the purchaser; (3) date of sale; and (4) kind or type of feed shall be affixed with a tag bearing the information required on the invoice except date of sale. If a customer-formula feed contains a non-nutritive substance which is intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or which is intended to affect the structure or any function of the animal body, the commissioner or his deputy shall require the label to show the name and amount present, directions for use or warnings against misuse of the feed.

M.G.L. c. 128, § 54 Adulterated feed, defined

c. 128, § 54. Adulterated feed, defined Section 54. A commercial feed shall be deemed to be adulterated: if (1) it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subsection if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; (2) it bears or contains any added poisonous, added deleterious or added non-nutritive substance which is unsafe within the meaning of section four hundred and six of the Federal Food, Drug and Cosmetic Act, other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive; (3) it is, or it bears or contains any food additive which is unsafe within the meaning of section four hundred and nine of the Federal Food, Drug and Cosmetic Act; (4) it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section four hundred and eight (a) of the Federal Food, Drug and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section four hundred and eight of the Federal Food, Drug and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section four hundred and eight (a) of the Federal Food, Drug and Cosmetic Act; (5) it bears or contains any color additive which is unsafe, within the meaning of section seven hundred and six of the Federal Food, Drug and Cosmetic Act; (6) any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; (7) its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; (8) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner to assure the drug meets the requirements of sections fifty-two to sixty-four, inclusive, as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the commissioner or his deputy may adopt the current good manufacturing practice regulations for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in the commonwealth; (9) it contains viable weed seed in amounts exceeding the limits which the commissioner or his deputy shall establish by rule or regulation.

M.G.L. c. 128, § 55 Restrictions on distribution of feed

c. 128, § 55. Restrictions on distribution of feed Section 55. No person shall distribute feed if (a) its labeling is false or misleading in any particular manner; (b) it is distributed under the name of another feed; (c) it is not labeled as required in section fifty-three and in regulations promulgated by the commissioner; (d) it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient which does not conform to the definition, if any, prescribed by regulation of the commissioner or his deputy. In the absence of a prescribed definition by the commissioner, conformity to the commonly accepted definitions as those issued by the Association of American Feed Control Officials shall apply; (e) any word, statement, or other information required by or under authority of sections fifty-one through sixty to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

M.G.L. c. 128, § 56 Prohibited acts or omissions

c. 128, § 56. Prohibited acts or omissions Section 56. No person shall (a) manufacture or distribute any commercial feed that is adulterated or misbranded; (b) adulterate or misbrand any commercial feed; (c) distribute agricultural commodities which are adulterated within the meaning of section fifty-four; (d) remove or dispose of a commercial feed in violation of an order under section sixty; (e) fail or refuse to register in accordance with section fifty-two; (f) fail to pay registration fees and file reports as required by section fifty-two.

M.G.L. c. 128, § 57 Enforcement of Secs. 52 to 60; prosecution of violations; hearing; notice

c. 128, § 57. Enforcement of Secs. 52 to 60; prosecution of violations; hearing; notice Section 57. The commissioner and his duly authorized assistants shall have authority to enforce sections fifty-two to sixty, inclusive, and to prosecute all violations thereof. Before any prosecutions by the commissioner or any of his duly authorized assistants, the parties concerned shall be given an opportunity to be heard before the said commissioner or a person designated by him for such purpose. The parties concerned shall be given reasonable notice of hearing specifying the day, hour and place thereof and accompanied by a description of the alleged violation.

M.G.L. c. 128, § 58 Inspection of commercial feed facilities and vehicles; warrant; obtaining of official samples for analysis and forwarding of results

c. 128, § 58. Inspection of commercial feed facilities and vehicles; warrant; obtaining of official samples for analysis and forwarding of results Section 58. The commissioner either in person or his assistants shall have free access at all reasonable hours to each building or other place in which commercial feeds are manufactured, processed, packed or held for distribution, or to enter any vehicle being used to transport or hold such feeds and to inspect at reasonable times and within reasonable limits and in a reasonable manner such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with section fifty-four. If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. If the owner of any building, factory, warehouse, or establishment, or his agent, refuses to admit the inspector or his agent, the commissioner or his deputy is authorized to obtain from the court a warrant directing such owner or his agent to submit the premises described in such warrant to inspection. The results of all analyses of official samples shall be forwarded by the commissioner or his deputy to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty days following receipt of the analysis the commissioner or his deputy shall furnish to the registrant a portion of the sample concerned. The commissioner or his deputy in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in section fifty-one and obtained and analyzed as provided in this section.

M.G.L. c. 128, § 59 Methods for collection and delivery of samples for analysis

c. 128, § 59. Methods for collection and delivery of samples for analysis Section 59. Samples for analysis as stipulated in section fifty-eight shall be collected by the commissioner or his duly authorized deputy and shall be delivered to the Massachusetts Agricultural Experiment Station of the University of Massachusetts for analysis according to methods approved by the Association of Official Analytical Chemists or other approved methods.

M.G.L. c. 128, § 60 Withdrawal of commercial feed from sale; release; condemnation proceedings; seizure; disposition

c. 128, § 60. Withdrawal of commercial feed from sale; release; condemnation proceedings; seizure; disposition Section 60. When the commissioner or his deputy has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of sections fifty-two to fifty-eight, inclusive, or of any of the prescribed regulations promulgated thereunder, he, or his deputy may order, in writing, that it be withheld from sale. The commissioner or his deputy may release the lot of commercial feed, or customer-formula feed so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty days, the commissioner or his deputy may begin, or upon request of the distributor shall begin, proceedings for condemnation. Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner or his deputy to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of sections fifty-two to fifty-eight, inclusive, and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the commonwealth.

M.G.L. c. 128, § 61 Penalties; certified copy of official analysis as prima facie evidence

c. 128, § 61. Penalties; certified copy of official analysis as prima facie evidence Section 61. Whoever sells, offers or exposes for sale any commercial feed or mixture thereof without complying with the requirements of sections fifty-two to sixty, inclusive, applicable thereto, or in violation of any rule or regulation promulgated thereunder, or whoever falsely marks, or labels any such feed or mixture, or impedes, or obstructs, or hinders the commissioner or any of his duly authorized agents in the discharge of the authority or duties conferred or imposed by any provisions of said section, shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars for the first violation, or not less than one hundred dollars or more than five hundred dollars for a subsequent violation. In all prosecutions involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the commissioner or his agent shall be accepted as prima facie evidence of the composition.

M.G.L. c. 128, § 62 Publication of pertinent information and data concerning commercial feed; results of analysis; confidential status

c. 128, § 62. Publication of pertinent information and data concerning commercial feed; results of analysis; confidential status Section 62. The commissioner or his deputy may publish annually, in such forms as he may deem proper, information concerning the sales of commercial feeds; together with such data on their production, composition and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the commonwealth as compared with the analyses guaranteed in the registration and on the label; but any information relating to the general business of any applicant or licensee shall be treated by the commissioner as confidential.

M.G.L. c. 128, § 63 Rules and regulations relative to sale of commercial feed

c. 128, § 63. Rules and regulations relative to sale of commercial feed Section 63. The commissioner may prescribe and enforce such rules and regulations relative to the sale of commercial feed as he deems necessary to enforce sections fifty-two to sixty-two, inclusive.

M.G.L. c. 128, § 64 Definitions applicable to Secs. 65 to 83

c. 128, § 64. Definitions applicable to Secs. 65 to 83 Section 64. As used in sections sixty-five to eighty-three, inclusive, the following words shall have the following meanings:— ''Agricultural lime'', all the various forms of lime intended or sold for fertilizing purposes or neutralizing acidity. ''Available phosphoric acid'', the sum of the water soluble and citric soluble phosphoric acid. ''Brand'', term, design, or trade-mark used in connection with one or several grades of commercial fertilizers. ''Bulk fertilizer'', commercial fertilizer distributed in a nonpackaged form. ''Commercial fertilizer'', any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, and other products exempted by regulation of the commissioner. ''Distributor'', any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters or otherwise supplies commercial fertilizers in the commonwealth. ''Fertilizer'', commercially produced fertilizers used as soil and plant amendments; provided, that ''fertilizer'' shall not include organic compost or natural organic fertilizer. ''Fertilizer material'', commercial fertilizer which either contains important quantities of no more than one of the primary plant nutrients; nitrogen, phosphoric acid and potash, or has approximately eighty-five per cent of its plant nutrient content present in the form of a single chemical compound, or is derived from a plant or animal residue or by-product or a natural deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration. ''Grade'', the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis, provided, however, that fertilizer materials, bone meal, manures, and similar raw materials may be guaranteed in fractional units. ''Guaranteed Analysis'', the minimum percentage of plant nutrients claimed in the following order and form: total nitrogen (N), with the percentage thereof, available phosphoric acid (P2O5), with the percentage thereof, and soluble potash (K2O), with the percentage thereof. ''Gypsum or land plaster'', crude calcium sulphate, and may contain twenty per cent of combined water. ''Investigational allowance'', an allowance for variations inherent for the taking, preparation and analysis of an official sample of commercial fertilizers. ''Label'', the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer, soil conditioner, or agricultural liming material. ''Labeling'', all written, printed or graphic matter upon or accompanying any commercial fertilizer, or advertisements, brochures, posters and television and radio announcements used in promoting the sale of such commercial fertilizers. ''Lawn'' or ''non-agricultural turf'', any non-crop land area that is covered by any grass species, excluding flower or vegetable gardens, pasture, hay land, trees, shrubs, turf grown on turf farms or any form of agricultural production or use. ''Mixed fertilizer'', commercial fertilizers containing any combination or mixture of fertilizer materials. ''Natural organic fertilizer'', materials derived from either plant or animal products containing 1 or more elements, other than carbon, hydrogen and oxygen, which are essential for plant growth. These materials may be subject to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic or anaerobic or aerobic bacterial action or any combination of those conditions. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from the material's initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis or pelleting. ''Official sample'', any sample of commercial fertilizer taken by the commissioner or his deputy and designated as ''official'' by the said commissioner or his deputy. ''Organic compost'', the biologically stable humus-like material derived from composting or the aerobic, thermophilic decomposition of organic matter. ''Phosphoric acid'', phosphoric anhydride (P2O5). ''Phosphorus containing fertilizer'', fertilizer labeled for use on lawn or non-agricultural turf in which the available phosphate content is greater than 0.67 per cent by weight, excluding organic compost and natural organic fertilizer. ''Potash'', potassium oxide (K2O). ''Soil conditioner'', any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. Examples of unmanipulated vegetable manures are hay, straw, peat, and leaf mold. Charcoal, sand, pumice, and clay, are unmanipulated natural substances. Substances sold or offered for sale as soil conditioners must be registered. ''Specialty fertilizer'', commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries. ''Ton'', means a weight of two thousand pounds avoirdupois. ''Per cent or percentage'', means the per cent by weight.

M.G.L. c. 128, § 65 Plant nutrients or beneficial substances; guarantees; sources; inspection and analysis

c. 128, § 65. Plant nutrients or beneficial substances; guarantees; sources; inspection and analysis Section 65. The total phosphoric acid and the degree of fineness of unacidulated mineral phosphatic materials and basic slag, bone, tankage, and other organic phosphate materials may be guaranteed. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of other nutrients may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods also may be guaranteed by permission of the commissioner with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the commissioner. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds per ton shall be guaranteed when required by regulations.

M.G.L. c. 128, § 65A Limitation on the purchase and application of phosphorus containing fertilizer; additional regulations for the limitation of non-point source pollution from plant nutrients

c. 128, § 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 65A. (a) No person shall purchase and apply or authorize any person, by way of service contract or other arrangement, to apply in the commonwealth any phosphorus containing fertilizer on lawn or non-agricultural turf, except when: (1) a soil test indicates that additional phosphorus is needed for growth of that lawn or non-agricultural turf; or (2) the phosphorus fertilizer is confirmed to be used for establishing a new lawn or new non-agricultural turf area. (b) The department shall promulgate regulations to implement subsection (a) and may, consistent with subsection (a) and in consultation with the department of environmental protection, develop additional regulations designed to limit non-point source pollution from plant nutrients including, but not limited to, phosphorous and nitrogen. Such regulations may require retailers of phosphorus containing fertilizer to display such fertilizers separately and post signs specifying when and where phosphorus containing fertilizer may be applied. (c) Regulations promulgated under this section shall be designed to maximize credits provided to municipalities by the United States Environmental Protection Agency relative to stormwater discharge and similar permits, which the Environmental Protection Agency may require of municipalities. (d) Violations of any regulations promulgated under this section shall be subject to the penalties set forth in subsection (k) of section 2.

M.G.L. c. 128, § 66 Licenses to distribute fertilizers; registration of specialty fertilizers; applications; labels; fees

c. 128, § 66. Licenses to distribute fertilizers; registration of specialty fertilizers; applications; labels; fees Section 66. No person shall manufacture or distribute in the commonwealth any type of fertilizer, except specialty fertilizers, until a license to distribute has been obtained by the person whose labeling is applied to such fertilizer from the commissioner upon payment of a one hundred and twenty-five dollar license fee. All such licenses expire on the thirty-first day of December of each year. The application for license shall include the name and address of licensee, and this information shall be shown on all labels, pertinent invoices, and bulk storage for fertilizers distributed by the licensee in the commonwealth. No person shall distribute in the commonwealth a specialty fertilizer, soil conditioner or agricultural liming material until it is registered by the manufacturer or distributor with the commissioner. An application in duplicate, listing each brand and product name of each grade of specialty fertilizer, for each soil conditioner, and for each agricultural liming material shall be made on a form furnished by the commissioner and shall be accompanied with a registration fee of twenty-five dollars. Labels for each product for which a registration application is made shall accompany the application. Upon approval of an application by the commissioner, a copy of the registration shall be furnished the applicant. All registrations expire on the thirty-first day of December each year. An application for registration of specialty fertilizers shall include: name and address of the manufacturer or distributor, the brand and product name, the grade, the guaranteed analysis, and the package sizes for persons that package specialty fertilizers only in containers of ten pounds or less.

M.G.L. c. 128, § 67 Labeling of containers of commercial fertilizers, soil conditioners and agricultural liming materials; contents

c. 128, § 67. Labeling of containers of commercial fertilizers, soil conditioners and agricultural liming materials; contents Section 67. All commercial fertilizers, soil conditioners, and agricultural liming materials distributed in the commonwealth in containers shall have placed thereon, or affixed to the container, a label setting forth in clearly legible and conspicuous form the information required by the preceding section. The foregoing information in written or printed form shall accompany bulk shipment deliveries and shall be supplied to the purchaser at the time of delivery. All commercial fertilizers formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the guaranteed analysis, and the name and address of the distributor.

M.G.L. c. 128, § 68 Registration and inspection fees for commercial fertilizers, soil conditioners and agricultural liming materials

c. 128, § 68. Registration and inspection fees for commercial fertilizers, soil conditioners and agricultural liming materials Section 68. There shall be paid to the commissioner for all commercial fertilizers, soil conditioners, and agricultural liming materials distributed in the commonwealth, an inspection fee, set by the commissioner in rules and regulations; provided, however, that sales to manufacturers or exchanges between manufacturers are exempted from said fee on individual packages of commercial fertilizer and agricultural liming materials containing ten pounds or less. In lieu of the annual registration fee of twenty-five dollars per brand and grade and the prescribed inspection fee there shall be paid on individual packages of specialty fertilizers containing ten pounds or less an annual registration fee and inspection fee of twenty-five dollars for each brand and grade sold or distributed. If specialty fertilizer is sold in packages of ten pounds or less, and in packages of over ten pounds, the annual registration and inspection fee of twenty-five dollars shall apply only to that portion sold in packages of ten pounds or less, and the portion sold in packages of over ten pounds shall be subject to the prescribed inspection fee. If more than one person is involved in the distribution of a commercial fertilizer, soil conditioner, or agricultural liming material, the last person in possession before distribution to a nonlicensee or to a nonregistrant shall be responsible for reporting the tonnage and paying the inspection fee, unless the report and payment has been made by a prior distributor.

M.G.L. c. 128, § 69 Statement of tonnage sold; inspection fee; filing; permit to examine books

c. 128, § 69. Statement of tonnage sold; inspection fee; filing; permit to examine books Section 69. Each person who sells, offers or exposes for sale any commercial fertilizer, soil conditioner, or agricultural liming material shall on or before January first and July first of each year file with the commissioner, along with the inspection fee, a statement in such form as he prescribes setting forth the number of net tons of each grade of fertilizer, each registered soil conditioner, and each agricultural liming material, and county in which it was distributed or sold by him to nonlicensees or to nonregistrants in the commonwealth during the preceding six months, together with the permit allowing the commissioner or his authorized deputy to examine the books of the person filing the statement for the purpose of verifying the same. No information furnished the commissioner under this section shall be disclosed in such a way as to divulge the operation of any person.

M.G.L. c. 128, § 70 Analysis of fertilizers; inspection and taking of samples; publication of results

c. 128, § 70. Analysis of fertilizers; inspection and taking of samples; publication of results Section 70. Each commercial fertilizer and brand of commercial fertilizer and each soil conditioner and agricultural liming material sold or offered or exposed for sale shall be subject to analysis by the commissioner or by his duly designated deputy. The commissioner shall cause to be made analyses of said materials sold or exposed for sale in the commonwealth, and he, his inspectors and deputies may enter upon any premises where such material is sold or offered or exposed for sale and take samples for said analyses. Said sampling and analyses shall be done on a random basis and in sufficient quantity to ensure effective analyses within the discretion of the commissioner. Analysis for all fertilizers shall be made by the methods adopted by the Association of Official Analytical Chemists. The said commissioner may publish or cause to be published reports and bulletins, special circulars or otherwise to show the results obtained by chemical analysis, said publications shall contain such additional information in relation to the character, composition, value, and use of the fertilizer analyzed as the commissioner sees fit to include. The results of any analysis made shall be sent by the commissioner to the person named in the printed label of the fertilizer analyzed, at least fifteen days prior to publication of any such results.

M.G.L. c. 128, § 71 Analysis deficiencies; penalties

c. 128, § 71. Analysis deficiencies; penalties Section 71. If the analysis shall show that a commercial fertilizer is deficient (1) in one or more of its guaranteed primary plant foods (NPK) beyond the investigational allowances as established by regulation or (2) if the overall index value of the fertilizer is below the level established by regulations, a penalty of two times the commercial value of such deficiencies shall be assessed and paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within three months after the date of notice from the commissioner to the registrant or licensee, receipts taken therefor and promptly forwarded to the commissioner. If said consumer cannot be found, the amount of the penalty shall be paid to the treasury of the commonwealth. When a commercial fertilizer is subject to a penalty under clauses (1) and (2) the larger penalty shall apply. Deficiencies beyond the investigational allowances in any other constituent which the registrant is required to or may guarantee shall be evaluated and penalties prescribed therefor by the commissioner.

M.G.L. c. 128, § 72 Weight deficiencies; penalty

c. 128, § 72. Weight deficiencies; penalty Section 72. If any commercial fertilizer, soil conditioner, or agricultural liming material in the possession of the consumer is found by the commissioner to be short in weight, the licensee or registrant of said product shall within thirty days after official notice from the commissioner pay to the consumer a penalty equal to four times the value of the actual shortage.

M.G.L. c. 128, § 73 Determination and publication of values per unit of certain nutrients in fertilizers

c. 128, § 73. Determination and publication of values per unit of certain nutrients in fertilizers Section 73. The commissioner shall determine and publish annually the values per unit of nitrogen, available phosphoric acid and soluble potash in commercial fertilizers in the commonwealth. The value so published shall be used in determining and assessing penalties.

M.G.L. c. 128, § 74 False or misleading labeling of commercial fertilizers, soil conditioners and agricultural liming materials; deleterious or harmful ingredients

c. 128, § 74. False or misleading labeling of commercial fertilizers, soil conditioners and agricultural liming materials; deleterious or harmful ingredients Section 74. No person shall sell, offer, or expose for sale a commercial fertilizer or brand of commercial fertilizer, soil conditioner, or agricultural liming material if its labeling is false or misleading in any particular way, or it is distributed under the name of another product, or it is not labeled as required in section sixty-six and in accordance with rules and regulations as prescribed in section seventy-five or it purports to be or is represented as a commercial fertilizer, or represented as a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulations. No person shall sell, offer or expose for sale a commercial fertilizer or brand of commercial fertilizer if it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life are not shown on the label, or its composition falls below or differs from that which it is purported to possess by its labeling, or it contains unwanted crop seed or weed seed.

M.G.L. c. 128, § 75 Rules and regulations; effectiveness; violations; prosecution, restriction

c. 128, § 75. Rules and regulations; effectiveness; violations; prosecution, restriction Section 75. The commissioner may prescribe and enforce such rules and regulations as to the sale of commercial fertilizers, soil conditioners, or agricultural liming materials as he deems necessary to enforce sections sixty-four to seventy-eight, inclusive, and may prosecute or cause to be prosecuted any person who violates any provisions of said sections; provided, however, that the effective date of regulations pertaining to ''guaranteed analysis'' shall be not less than six months following the issuance thereof, and that for a period of two years following the effective date of said regulations the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash; and, provided further, that after the effective date of a regulation issued under the provisions of this section, requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus and potassium shall constitute the grade. Regulations prescribed in this section shall contain the accepted definitions and official fertilizer terms issued by the Association of American Plant Food Control Officials. No complaint based upon analysis of samples shall be made if samples are taken otherwise than as provided in section seventy.

M.G.L. c. 128, § 76 Misleading or deceptive practices; violations; refusal or cancellation of certificate

c. 128, § 76. Misleading or deceptive practices; violations; refusal or cancellation of certificate Section 76. The commissioner or his authorized deputy may refuse to issue a certificate for any commercial fertilizer, soil conditioner or liming material, name, brand or trade-mark which is untrue in any particular or which in his opinion would be misleading or deceptive in any particular or would tend to mislead or deceive as to the constituents or properties of said fertilizer. If a certificate is issued for said products and it is afterward discovered that the certificate itself, or the granting of it, or the manner of procuring it, was in any respect in violation of any provision of sections sixty-five to seventy-eight, inclusive, the commissioner may cancel the certificate.

M.G.L. c. 128, § 77 Analysis of samples

c. 128, § 77. Analysis of samples Section 77. Samples for analysis as stipulated in section seventy shall be collected by the commissioner or his duly authorized deputy and shall be delivered to the Massachusetts Agricultural Experiment Station of the University of Massachusetts for analysis according to methods approved by the Association of Official Analytical Chemists or other approved methods.

M.G.L. c. 128, § 78 Nonconforming products; violations; withholding from sale; release; condemnation; seizure; disposal

c. 128, § 78. Nonconforming products; violations; withholding from sale; release; condemnation; seizure; disposal Section 78. When the commissioner or his deputy has reasonable cause to believe any lot of commercial fertilizer, soil conditioner, or agricultural liming material, is being distributed in violation of any of the provisions of sections sixty-five to seventy-eight, inclusive, or of any of the prescribed regulations promulgated thereunder, he, or his deputy may order, in writing, that it be withheld from sale. The commissioner or his deputy may release the lot of said product, so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty days, the commissioner or his deputy may begin, or upon request of the distributor shall begin, proceedings for condemnation. Any lot of commercial fertilizer, soil conditioner, or agricultural liming material not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner or his deputy to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said product to be in violation of sections sixty-five to seventy-eight, inclusive, and orders the condemnation of said product, it shall be disposed of in any manner consistent with the quality of the product and the laws of the commonwealth.

M.G.L. c. 128, § 79 Violations; penalties; official analysis as prima facie evidence

c. 128, § 79. Violations; penalties; official analysis as prima facie evidence Section 79. Whoever sells, offers or exposes for sale any commercial fertilizer or mixture thereof, or any soil conditioner or agricultural liming material, without complying with the requirements of sections sixty-five to seventy-eight, inclusive, applicable thereto, or in violation of any rule or regulation promulgated thereunder, or whoever falsely marks, or labels any such product, or impedes, or obstructs, or hinders the commissioner or any of his duly authorized agents in the discharge of the authority or duties conferred or imposed by any provisions of said section, shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars for the first violation, or not less than one hundred dollars or more than five hundred dollars for a subsequent violation. In all prosecutions involving the composition of a lot of commercial fertilizer, a certified copy of the official analysis signed by the commissioner or his agent shall be accepted as prima facie evidence of the composition.

M.G.L. c. 128, § 80 Publication of information concerning fertilizers, soil conditioners and agricultural liming materials

c. 128, § 80. Publication of information concerning fertilizers, soil conditioners and agricultural liming materials Section 80. The commissioner or his deputy may publish annually, in such forms as he may deem proper, information concerning the sales of commercial fertilizers, soil conditioners, and agricultural liming materials; together with such data on their production, composition and use as he may consider advisable, and a report of the results of the analyses of official samples of said products sold within the commonwealth as compared with the analyses guaranteed in the registration and on the label; but any information relating to the general business of any applicant or licensee shall be treated by the commissioner as confidential.

M.G.L. c. 128, § 81 Minor violations; reporting

c. 128, § 81. Minor violations; reporting Section 81. The commissioner or his representative shall not be required to report for prosecution, or for the institution of seizure proceedings if there are minor violations of the preceding sections when he believes that the public interest will be best served by a suitable notice of warning in writing.

M.G.L. c. 128, § 82 Rules and regulations relative to the sale of commercial fertilizers, soil conditioners and agricultural liming materials

c. 128, § 82. Rules and regulations relative to the sale of commercial fertilizers, soil conditioners and agricultural liming materials Section 82. The commissioner may prescribe and enforce such rules and regulations relative to the sale of commercial fertilizers, soil conditioners, and agricultural liming materials as he deems necessary to enforce sections sixty-four through eighty-three, inclusive.

M.G.L. c. 128, § 83 Exempt transactions

c. 128, § 83. Exempt transactions Section 83. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have obtained licenses or registrations as required by the provisions of this chapter.

M.G.L. c. 128, § 84 Definitions applicable to Secs. 84 to 101

c. 128, § 84. Definitions applicable to Secs. 84 to 101 Section 84. The following words, as used in sections eighty-four to one hundred and one, inclusive, unless the context otherwise requires, shall have the following meanings:— ''Advertisement'', all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of said sections eighty-four to one hundred and one, inclusive. ''Agricultural seeds'', seeds of grass, forage, cereal, mangel beets, and fiber crops and any other kinds of seeds commonly recognized as agricultural, lawn or field seeds, and mixtures of such seeds, including seed potatoes. ''Certified'', ''Registered'', ''Foundation'', or any other terms conveying similar meaning when referring to seed, seed which has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency. ''Director'', the director of the Massachusetts agricultural experiment station. ''Flower seeds'', seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts and commonly known and sold under the name of flower seeds. ''Hybrid'', the first generation seed of a cross produced under controlled pollination, the parents of which are each sufficiently uniform to permit repeated production of the hybrid without change in performance. ''Kind'', one or more related species or subspecies which, singly or collectively, is known by one common name, for example, corn, oats, alfalfa or timothy. ''Labeling'', all labels including invoices, or other written, printed or graphic representations, in any form, accompanying and pertaining to any seed whether in bulk or in containers. ''Lot'', a definite quantity of seed which is identified by the same lot number or other mark, each portion or container of which is representative of the whole quantity. ''Noxious-weed seeds'', shall include ''Prohibited noxious-weed seeds'' and ''Restricted noxious-weed seeds'', as hereinafter defined; provided that the commissioner may add to or subtract from the list of seeds included under either definition whenever he finds, after public hearing, that such addition or subtractions are or are not within the respective definitions. ''Officially recognized'', recognized and designated by the laws or regulations of the United States or any state, any province of Canada, or the government of any foreign country in which said seeds were produced. ''Prohibited noxious-weed seeds'', seeds or perennial weeds which not only reproduce by seed, but also spread by underground roots or stems and other reproductive parts and which, when established, are highly destructive and difficult to control by ordinary good cultural practice, including the seed of Canada thistle (Cirsium arvense), field bindweed (Convolvulus arvensis), and quack grass (Agropyron repens). ''Restricted noxious-weed seeds'', seeds of such weeds as are very objectionable in fields, lawns or gardens, but which can be controlled by good cultural practice; including the seeds of dodder (Cuscuta spp.), horsenettle (Solanum carolinense), wild mustards (Brassica spp.), limited to India mustard (B. juncea), charlock or wild mustard B. Kaber (B. arvensis), and black mustard (B. nigra), wild garlic and wild onion (Allium spp.), perennial sowthistle (Sonchus arvensis), corncockle (Agrostemma githago), buckhorn plantain (Plantago lanceolata), wild radish (Raphanus raphanistrum), bedstraw (Galium spp.) and annual bluegrass (Poa annua). ''Seed potatoes'', Irish potato and parts thereof grown for propagation purposes. ''Seizure'', a legal process carried out by court order against a definite amount of seed. ''Stop sale'', an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed. ''Treated'', seed that has received an effective process or application of a substance designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing therefrom, or for which a claim is made. ''Tree and shrub seeds'', seeds of woody plants commonly known and sold as tree or shrub seeds. ''Variety (Cultivar)'', a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it can be differentiated under certain conditions from other plants of the same kind, including hybrid designations. ''Type'', a group of varieties (cultivars) so nearly similar that the individual varieties (cultivars) can not be clearly differentiated except under special conditions. ''Vegetable seeds'', seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds. ''Weed seeds'', the seeds of all plants generally recognized as weeds, including noxious-weed seeds. The terms ''pure seed'', ''germination'', and other seed labeling and testing terms in common usage shall be defined as in the ''Rules for Testing Seeds'' published by the Association of Official Seed Analysts, effective October first, nineteen hundred and seventy, and as subsequently amended.

M.G.L. c. 128, § 85 Sale of seeds; labeling or tagging containers; required information

c. 128, § 85. Sale of seeds; labeling or tagging containers; required information Section 85. Except as otherwise provided in section ninety-two, each container of agricultural, vegetable, flower or tree and shrub seed which is sold, offered for sale or exposed for sale within the commonwealth for sowing purposes shall bear thereon, or have attached thereto in a conspicuous place on one side of a plainly written or printed label or tag, in the English language, the name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within the commonwealth. If said seed has been treated, a separate label may be used, which shall bear thereon a word or statement indicating that the seed has been treated, the commonly accepted coined, chemical or abbreviated chemical name of the applied substance, and, if the substance in the amount present with the seed is harmful to humans or other vertebrate animals, a statement advising caution such as ''Do not use for food, feed or oil purposes''. If said seed contains mercurials or similarly toxic substances, a statement or symbol shall indicate that it is poisonous. It shall contain the name and number of each kind of ''Restricted Noxious-Weed Seed'' per pound when present.

M.G.L. c. 128, § 86 Sale of seeds; labeling or tagging containers; variety or cultivar designation

c. 128, § 86. Sale of seeds; labeling or tagging containers; variety or cultivar designation Section 86. Each container of agricultural seeds, including lawn seeding mixtures, shall also bear the commonly accepted name of the kind and variety or cultivar of those kinds which are usually named as to variety or cultivar, as prescribed by rules and regulations, of each seed component in excess of five per cent of the whole and the percentage by weight of each in the order of its predominance. When the variety or cultivar thereof is unknown, the label or tag shall have printed thereon the words ''variety unknown''. When more than one component is required to be named, the word ''mixture'' or ''mixed'' shall be shown conspicuously on the label. The lot number or other lot identification, the origin, if known, of alfalfa, red clover, white clover, and field corn, except hybrid corn, shall also be shown on such label. If the origin is unknown, that fact shall be stated. The container shall bear thereon the percentage by weight of all weed seeds, the percentage by weight of agricultural seeds other than those required to be named on the label, which shall be designated as ''other crop seed'', and the percentage by weight of inert matter. For each agricultural seed named there shall appear, the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present and the calendar month and year the test was completed to determine such percentages.

M.G.L. c. 128, § 87 Vegetable seeds; labeling or tagging containers; required information

c. 128, § 87. Vegetable seeds; labeling or tagging containers; required information Section 87. Containers of one pound or less for peas, beans and sweet corn and containers of one-quarter pound or less for all other kinds of vegetable seeds shall also bear, thereon, the date of test or calendar year for which seed is packaged, and the kind and variety or cultivar of seed. For seed that germinates less than the standard last adopted by the director, there shall appear on the containers the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present, the calendar month and year the test was completed to determine such percentages, and the words ''Below Standard'' in not less than eight point type. Containers of more than one pound for peas, beans and sweet corn and containers of more than one quarter pound for all other kinds of vegetable seeds shall bear the kind and variety of seed, the lot number or other lot identification, the percentage of germination, exclusive of hard seeds the percentage of hard seeds, if present, and the calendar month and year the test was completed to determine such percentages and for seeds germinating less than the standard, the words ''Below Standard'' in not less than eight point type.

M.G.L. c. 128, § 88 Flower seeds; labeling containers; required information

c. 128, § 88. Flower seeds; labeling containers; required information Section 88. For flower seeds the label shall include the name of the kind and variety or cultivar, if any, or a statement of type and performance characteristics as prescribed in regulations. For those having annual, biennial and perennial sorts, or any two of such sorts, a statement shall appear in a conspicuous location on the seed container to indicate whether the seed is of the annual, biennial or perennial sort. If flower seeds are in packets of the size for use in home flower gardens the label shall contain the date of test or calendar year for which seed is packaged. For seeds so packaged for which standard testing procedures shall have been adopted, and which germinate less than the standard last adopted by the director and approved by the commissioner under section ninety-eight the label shall contain the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present, and the calendar month and year the test was completed to determine such percentages and the words ''Below Standard'' in not less than eight point type. For flower seeds in containers other than packets of the size prepared for use in home flower gardens there shall appear the lot number or other lot identification. Seeds so packaged for which standard testing procedures shall have been adopted shall contain the percentage of germination, exclusive of hard seed, the percentage of hard seed, if present, and the calendar month and year the test was completed to determine such percentages. For seeds germinating less than the standard, there shall appear the words ''Below Standard'' in not less than eight point type.

M.G.L. c. 128, § 89 Tree and shrub seeds; labeling containers; required information

c. 128, § 89. Tree and shrub seeds; labeling containers; required information Section 89. For tree and shrub seeds packaged in containers of one quarter pound or more, the label shall contain the kind of seed and variety or cultivar, the percentage by weight of pure seed, the percentage of germination of those kinds for which standard testing procedures have been adopted, the year of harvesting, the date of test or calendar year for which seed is packaged and the origin or specific locality, state and county in the United States or nearest equivalent political unit in the case of foreign countries in which the seed was harvested. If origin is unknown, that fact shall be stated.

M.G.L. c. 128, § 90 Sale of seeds; percentage of germination; labeling; false advertisements; noxious weed seeds

c. 128, § 90. Sale of seeds; percentage of germination; labeling; false advertisements; noxious weed seeds Section 90. No person shall sell, offer for sale or expose for sale any agricultural, vegetable, flower or tree and shrub seed within the commonwealth unless the test to determine the percentage of germination required by sections eighty-six to eighty-nine, inclusive was completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale or offering for sale or transportation. The records of such tests shall be available to the commissioner or his duly authorized assistants for a period of at least one year from date of test. The director may by rules and regulations designate a shorter period for kinds of seed which he finds under ordinary conditions of handling will not maintain during the aforesaid nine-month period, a germination within the established limits of tolerance, or a longer period for any kind of seed which is packaged in such container materials and under conditions such as provided for by hermetically sealed containers, prescribed by the director as he finds will, during such longer period, maintain the viability of said seed under ordinary conditions of handling. Neither shall seed be sold which is not labeled in accordance with the provisions of sections eighty-four to one hundred and one, inclusive; nor which bears false or misleading labeling; nor pertaining to which there has been a false or misleading advertisement; nor consisting of or containing, ''Prohibited noxious weed seeds'' nor consisting of or containing ''Restricted noxious weed seeds'' at a rate per pound in excess of the number declared on the label attached to the container of the seed or associated with the seed, subject to tolerances; nor containing more than one per cent of all weed seeds; nor labeled to use the word ''trace'' as a substitute for any statement as to quality or percentage which is required; nor shall seed be sold which is so weak or low in germination according to standards adopted by rules and regulations prescribed by the director under the provisions of section ninety-eight as to be unfit for seeding purposes; nor which is represented to be ''certified seed'', ''registered seed'' or ''foundation seed'' or designated by any other term conveying similar meanings, unless such seed has been produced, processed and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized certification agency or agencies and bears an official tag or label of such an agency, or which is represented as hybrid seed unless such seed conforms to the definition of hybrid in section eighty-four, except that this provision shall not apply to variety names in common trade usage.

M.G.L. c. 128, § 91 Defacing or destroying labels; false advertising; prohibited sales

c. 128, § 91. Defacing or destroying labels; false advertising; prohibited sales Section 91. No person within the commonwealth shall detach, alter, deface or destroy any label provided for in said sections eighty-four to one hundred and one, inclusive, or the regulations promulgated thereunder; nor alter or substitute seed, in a manner that may defeat the purpose of said sections; nor disseminate any false or misleading advertisement concerning agricultural, vegetable, flower or tree and shrub seed; nor hinder or obstruct any authorized person in the performance of his duties under said sections eighty-four to one hundred and one, inclusive; nor fail to comply with an official order to withhold from sale certain seeds as provided in section ninety-five; nor move or otherwise handle or dispose of any lot of seed held under a ''stop-sale'' order or tags attached thereto, except with the written permission of the enforcing officer, and for the purpose specified therein. No person shall sell, offer or expose for sale any color mixture of a single kind of flower seed representing four or more colors or shades, in which any one color or shade occurs in sixty per cent or more of the plants which the mixture is capable of producing, unless colors or shades and approximate percentage of each is indicated on the label, or sell, offer or expose for sale a mixture of flower seed kinds in which any one kind is present in excess of twenty-five per cent by seed count unless the kinds present and the approximate percentage of each are indicated on the label.

M.G.L. c. 128, § 92 Application of Secs. 85 to 91

c. 128, § 92. Application of Secs. 85 to 91 Section 92. Sections eighty-five to ninety-one, inclusive, shall neither apply to seed or grain not intended for sowing purposes, nor to seed for sowing purposes in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of seed bears the statement ''seeds for processing'', and provided that any labeling or other representation made with respect to the uncleaned or unprocessed seed shall be subject to sections eighty-four to one hundred, inclusive.

M.G.L. c. 128, § 93 Exemption from penalty of Sec. 100; limitations

c. 128, § 93. Exemption from penalty of Sec. 100; limitations Section 93. No person shall be subject to the penalties of section one hundred for having sold or offered or exposed for sale in the commonwealth any agricultural, vegetable, flower or tree and shrub seeds which were incorrectly labeled or represented as to kind, variety (cultivar) or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration or other labeling information giving kind, variety or origin, if required, and to take such other precautions as may be necessary to insure the identity to be that stated. The labeling requirements for all vegetable and agricultural seeds, including mixtures, flower and tree or shrub seeds shall be considered to have been met if the seed is taken from a properly labeled container in the presence of the purchaser.

M.G.L. c. 128, § 94 Enforcement; prosecutions

c. 128, § 94. Enforcement; prosecutions Section 94. The commissioner and his duly authorized assistants shall have authority to enforce sections eighty-four to one hundred and one, inclusive, and to prosecute all violations thereof. Before any prosecution is begun by said commissioner or any of his duly authorized assistants, the parties concerned shall be given an opportunity to be heard before said commissioner or a person designated by him for such purpose. The parties concerned shall be given reasonable notice of the hearing, specifying the day, hour and place thereof, and accompanied by a description of the alleged violation.

M.G.L. c. 128, § 95 Access for inspection; taking samples for tests and analyses; cooperation with United States Department of Agriculture; withholding seeds from sale

c. 128, § 95. Access for inspection; taking samples for tests and analyses; cooperation with United States Department of Agriculture; withholding seeds from sale Section 95. The commissioner, either in person or his assistants, shall have free access at all reasonable hours to each building or other place where agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds are stored, sold or offered or exposed for sale, for the purpose of inspection of such seeds, and, upon tendering the market price, may take samples of such agricultural, vegetable, flower or tree and shrub seeds or mixtures thereof for tests and analyses. Such samples shall be thoroughly mixed and two official samples taken therefrom; each official sample shall be securely sealed. Such official samples shall be submitted by said commissioner or his duly authorized assistants to the director for testing and analyzing. One of such samples shall be held by the director or his duly authorized assistant at the disposal of the person named on the label as the vendor of the seed samples for six months after the results of the analysis have been reported, as provided in section ninety-seven, and the other sample retained by the director or such assistant for analysis. The commissioner shall co-operate with the United States department of agriculture in seed law enforcement. The commissioner may order that any agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds, the containers of which he finds are not tagged or labeled as provided in section eighty-five or which do not conform to the statements on the tags or labels attached to the containers thereof, be withheld from sale until properly tagged or labeled or until made to conform to the statements on the tags or labels attached to the containers thereof. Any person aggrieved by such an order may, within ten days after the entry thereof, appeal therefrom by petition to the superior court in the county where he resides or has his usual place of business or in the county of Suffolk. The court shall hear such petition speedily in accordance with the usual course of procedure in equity, and may affirm, modify or revoke such order. Such order shall remain in force until so modified or revoked.

M.G.L. c. 128, § 96 Seizure and condemnation; court proceedings

c. 128, § 96. Seizure and condemnation; court proceedings Section 96. Any lot of agricultural, vegetable, flower or tree and shrub seed not in compliance with the provisions of sections eighty-four to one hundred, inclusive, shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the seed is located. If the court finds the seed to be in violation of said sections, and orders the condemnation of such seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of the commonwealth; provided, that the court shall not order such disposition of such seed without first having given the claimant an opportunity to apply to the court for release of such seed or permission to process or relabel it to bring it into compliance with said sections.

M.G.L. c. 128, § 97 Tests and analyses; reports; publication of results

c. 128, § 97. Tests and analyses; reports; publication of results Section 97. The director shall cause such tests and analyses as he may specify to be made of samples collected under section ninety-five in order to determine the quality of the seeds contained in such samples. The results of all such analyses shall be reported to the commissioner. To enable the director to determine the trueness to type or variety of vegetable, flower and other seeds, he shall provide that field tests be made of such samples of seeds as he may designate, and may publish the results of all such tests and analyses as are in accordance with the provisions of this section.

M.G.L. c. 128, § 98 Seed germination standards; enforcement

c. 128, § 98. Seed germination standards; enforcement Section 98. The director, with the approval of the commissioner, shall, subject to the provisions of chapter thirty A, adopt vegetable seed and flower seed germination standards, prescribe rules and regulations from time-to-time, and in like manner, modify or amend rules and regulations governing the methods of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower or tree and shrub seed and the tolerances to be followed in the administration of sections eighty-four to one hundred, inclusive, which shall be in general accord with officially prescribed practice in interstate commerce, and such other rules and regulations as may be necessary to secure the efficient enforcement of said sections.

M.G.L. c. 128, § 99 Purity and germination tests; fees; disposition

c. 128, § 99. Purity and germination tests; fees; disposition Section 99. Any person residing or doing business in the commonwealth may submit to the director samples of seeds for purity and germination tests subject to such rules and regulations as may be adopted by the director including a reasonable charge or fee for such tests. Receipts under this section shall be paid into the state treasury.

M.G.L. c. 128, § 100 Penalty

c. 128, § 100. Penalty Section 100. Whoever sells, offers or exposes for sale any lot of agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds without complying with the requirements of sections eighty-four to ninety-nine, inclusive, applicable thereto or in violation of any order, under section ninety-five of the commissioner or of the superior court if an appeal is taken, or whoever falsely marks or labels any such seed or mixture, or impedes, obstructs or hinders the commissioner or any of his duly authorized agents, or the director or any of his duly authorized assistants, in the discharge of the authority or duties conferred or imposed by any provision of said sections, shall be punished by a fine of not more than five hundred dollars.

M.G.L. c. 128, § 101 Sale of seed potatoes restricted; waiver; penalty

c. 128, § 101. Sale of seed potatoes restricted; waiver; penalty Section 101. No person shall sell, offer to sell or expose for sale seed potatoes that do not conform to the standards and allowable tolerances set forth in the rules and regulations established by the division of markets in the department. The director of the division of markets may when disease free stock is not available waive the provisions of this section for such periods of time as he may deem necessary. Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars.

M.G.L. c. 128, § 102 Marketing and promotion of apples; purpose and policy

c. 128, § 102. Marketing and promotion of apples; purpose and policy Section 102. It is hereby declared that the marketing of fresh and processed apples in this commonwealth in excess of reasonable and normal market demands therefor, disorderly marketing of such apples, improper preparation for market and lack of uniform grading and classification of such apples, unfair methods of competition in the marketing of such apples and the inability of individual producers to develop new and larger markets for them, result in an unreasonable and unnecessary economic waste of the agricultural wealth of this commonwealth. Such conditions and the accompanying waste jeopardize the future continued production of adequate food supplies for the people of the commonwealth and other states. These conditions vitally concern the health, safety and general welfare of the people of this commonwealth. It is therefore declared the legislative purpose and the policy of this commonwealth: (a) to enable apple producers of this commonwealth, with the aid of the commonwealth, more effectively to correlate the marketing of their apples with market demands therefor; (b) to establish orderly, efficient and equitable marketing of apples; (c) to provide for uniform grading and proper preparation of apples for market; (d) to provide methods and means for the development of new and larger markets for fresh and processed apples produced in this commonwealth; (e) to eliminate or reduce the economic waste in the marketing of fresh and processed apples.

M.G.L. c. 128, § 103 Definitions applicable to Secs. 102 to 115

c. 128, § 103. Definitions applicable to Secs. 102 to 115 Section 103. The following words as used in sections one hundred and two through one hundred and fifteen of this chapter shall have the following meanings unless the context otherwise requires: ''Apples'' means all apples produced within the commonwealth for the purpose of sale. ''Apple Promotion Advisory Board'' means the advisory board established pursuant to section one hundred and fourteen of this chapter. ''Distributor'' means any person engaged within the commonwealth, in selling, offering for sale, exchange, marketing or distributing fresh or processed apples which he has purchased or acquired from a producer or other person or which he is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer, except such retailer who purchases or acquires from or handles on behalf of any producer or other person, fresh or processed apples subject to regulation by the marketing agreement or order covering such apples. ''Grower'' means any producer as defined in this section. ''Handler'' means any person engaged in the operation of packing, grading, selling, offering for sale, exchange or marketing any fresh or processed apples, who as owner, agent or otherwise ships or causes such apples to be shipped. ''Marketing agreement'' means an agreement entered into, with the approval of the commissioner, by producers with distributors, processors and handlers regulating the preparation, sale and handling of fresh and processed apples. ''Marketing order'' means an order issued by the commissioner pursuant to said sections one hundred and two through one hundred and fifteen, prescribing rules and regulations governing the marketing for processing, the distributing, the sale or exchange of, or the handling in any manner of any fresh and processed apples sold in the commonwealth during any specified period or periods. ''Marketing season'' means the period beginning July first of any year and extending through June thirtieth of the following year. ''Person'' means any individual, firm, corporation, partnership, company or unincorporated association. ''Producer'' means any person engaged within the commonwealth in the business of growing apples, or causing apples to be grown for any market. ''Processor'' means any person, firm, corporation, partnership, company, or unincorporated association which performs any of the functions or acts of processing as defined herein. ''Processing'' and ''process'' are synonymous terms and mean all operations involved in receiving, grading, packing, canning, freezing, dehydrating, preserving, grinding, crushing, peeling, slicing, concentrating, or in any other way preserving or changing the form of apples, as herein defined for marketing in any form other than for fresh consumption.

M.G.L. c. 128, § 104 Marketing agreements; approval

c. 128, § 104. Marketing agreements; approval Section 104. Pursuant to section two of this chapter, and in order to promote and develop the agricultural resources of the commonwealth and encourage the marketing of fresh and processed apples, and to effectuate the declared policy of this chapter, the commissioner may, after due notice and opportunity for hearing, approve marketing agreements, which marketing agreements shall thereupon be binding upon the signatories thereto exclusively.

M.G.L. c. 128, § 105 Marketing orders; issuance; notice and hearing; amendment or termination of orders

c. 128, § 105. Marketing orders; issuance; notice and hearing; amendment or termination of orders Section 105. The commissioner may make and issue marketing orders, after due notice and opportunity for hearing, subject to (1) approval of not less than sixty-five per cent of the producers participating in a referendum vote, and having marketed not less than fifty-one per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum, or (2) approval of not less than fifty-one per cent of the producers participating in a referendum vote, and having marketed not less than sixty-five per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum. The commissioner may, and upon written petition duly signed by at least twenty-five per cent of the affected producers shall amend or terminate such order after due notice and opportunity for hearing, but subject to the approval of at least fifty-one per cent of such producers participating in a referendum vote.

M.G.L. c. 128, § 106 Budgets for marketing orders or agreements; cooperation with other states and federal government

c. 128, § 106. Budgets for marketing orders or agreements; cooperation with other states and federal government Section 106. With respect to any marketing order or marketing agreement implemented under the provisions of sections one hundred and two through one hundred and fifteen of this chapter, the commissioner shall prepare a budget of the administration and operating costs and expenses, including advertising and sales promotion, of such order or agreement, which shall be funded solely by assessments authorized under section one hundred and seven of this chapter. In implementing any such marketing order or agreement, the commissioner shall confer and cooperate with the legally constituted authorities of other states and the federal government involved in the promotion and marketing of apples and apple products.

M.G.L. c. 128, § 107 Collection of assessments

c. 128, § 107. Collection of assessments Section 107. As part of any marketing order or agreement implemented under the provisions of section one hundred and two through one hundred and fifteen of this chapter, the commissioner shall establish and provide for the collection of assessments to be collected once with respect to each apple sold from each person engaged in the production, processing, distribution or handling of any marketable apples produced in the commonwealth and subject to any such order or agreement. Said assessments shall be established in an amount sufficient to fund the necessary costs and expenses involved in the implementation of such order or agreement, but shall in no event exceed five per cent of the gross dollar volume of apple sales or amount of apples handled by the person subject to the assessment. Funds so collected by the commissioner shall be held in trust in accordance with the provisions of section one hundred and thirteen of this chapter and shall be expended in accordance with the budget adopted by the commissioner under section one hundred and six of this chapter.

M.G.L. c. 128, § 108 Marketing agreements or orders; provisions

c. 128, § 108. Marketing agreements or orders; provisions Section 108. Any marketing agreement or order issued by the commissioner pursuant to said sections one hundred and two through one hundred and fifteen shall be limited to the following: (a) provisions for the establishment of uniform grading, standards, and inspection of any apples delivered by producers or other persons to handlers, processors, distributors or others engaging in the handling thereof, and for the establishment of grading or standards of quality, condition, size, maturity or pack for any apples, and the inspection and grading of such apples, in accordance with such grading or standards so established; and for provisions that no producer, handler processor or distributor of any fresher processed apples for which grading or standards are so established may, except as otherwise provided in such marketing agreement or order; sell, offer for sale, process, distribute or otherwise handle any such apples, whether produced within or without this commonwealth, not meeting and complying with such established grading or standards. For the purposes of this article, the federal and state inspection service shall perform all inspections made necessary by such provisions. (b) provisions for the establishment of research programs designed to benefit apple production, storage, processing, or marketing and sales. (c) provisions for advertising and sales promotion designed to benefit apple production, processing or marketing and sales. (d) such other provisions as may be necessary to effectuate the provisions stated in paragraphs (a) through (c) of this section.

M.G.L. c. 128, § 109 Temporary suspension of marketing orders or agreements; notice and hearing

c. 128, § 109. Temporary suspension of marketing orders or agreements; notice and hearing Section 109. The commissioner may temporarily suspend the operation of an effective marketing order or agreement for a continuing period of not longer than one growing and marketing season, found by the commissioner after due notice and an opportunity for a hearing to be unnecessary during such season to fulfill the policy and purposes of said sections one hundred and two through one hundred and fifteen.

M.G.L. c. 128, § 110 Economic factors

c. 128, § 110. Economic factors Section 110. In carrying out the purposes of said sections one hundred and two through one hundred and fifteen, the commissioner may take into consideration any and all facts available to him with respect to the following economic factors: (a) the quantity of such fresh and processed apples available for distribution; (b) the quantity of such fresh and processed apples normally required by consumers; (c) the cost of producing such fresh and processed apples; (d) the purchasing power of consumers; (e) the level of prices of commodities, services and articles which the farmers commonly buy; (f) the level of prices of other commodities which compete with or are utilized as substitutes for such fresh and processed apples.

M.G.L. c. 128, § 111 Effect of marketing agreements or marketing orders; execution or issuance of one without other; concurrent hearings

c. 128, § 111. Effect of marketing agreements or marketing orders; execution or issuance of one without other; concurrent hearings Section 111. The execution of one or more marketing agreements pursuant to section one hundred and four of this chapter shall in no manner affect the issuance, administration or enforcement of any marketing order provided for in said sections one hundred and two through one hundred and fifteen. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same fresh or processed apples. The commissioner, in his discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order after giving due notice and opportunity for hearing.

M.G.L. c. 128, § 112 Issuance, amendment or termination of marketing orders; deposit to defray expenses; reimbursement

c. 128, § 112. Issuance, amendment or termination of marketing orders; deposit to defray expenses; reimbursement Section 112. Prior to the issuance, amendment or termination of any marketing order pursuant to section one hundred and five of this chapter, the commissioner may require the applicants for such issuance, amendment or termination to deposit with him such amount as he may deem necessary to defray the expenses of preparing and making effective, amending or terminating a marketing order. Such funds shall be received, deposited and disbursed by the commissioner in the same manner as assessments received by him under section one hundred and thirteen of this chapter. In the event the application for adoption, amendment or termination of a marketing order is approved in a referendum, the commissioner shall reimburse any such applicant on a pro rata basis, up to the amount of any such deposit, to the extent that any unexpended monies collected under such marketing order remain in the trust fund established under section one hundred and thirteen of this chapter with respect to such order.

M.G.L. c. 128, § 113 Assessments held in trust; disbursements; refunds; reports

c. 128, § 113. Assessments held in trust; disbursements; refunds; reports Section 113. Any assessments collected by the commissioner pursuant to section one hundred and seven of this chapter shall not be deemed state funds, but shall be deemed to be held pursuant to section four of this chapter by the commissioner, as trustee, in trust for and on behalf of all persons from and on behalf of whom assessments therefor were collected, allocated to each marketing order or agreement under which they are collected, and shall be disbursed by the commissioner only for the necessary expenses incurred by the commissioner with respect to each such separate marketing order or agreement, in accordance with the rules and regulations of the commissioner. Any moneys remaining in such fund allocable to any assessments for fresh or processed apples affected by a marketing order or agreement may, in the discretion of the commissioner, be refunded at the close of any marketing season on a pro rata basis to all persons from whom assessments therefor were collected or, whenever the commissioner finds that such moneys may be necessary to defray the cost of operating such marketing order or agreement in a succeeding marketing season, he may carry over all or any portion of such moneys into the next such succeeding season. Upon the termination by the commissioner of any marketing order or agreement, all moneys remaining and not required by the commissioner to defray the expenses of operating such marketing order or agreement shall be refunded by the commissioner upon a pro rata basis to all persons from whom assessments therefor were collected; provided, however, that if the commissioner finds that the amounts so refundable are so small as to make impracticable the computation and refunding of such refunds, the commissioner may use such moneys to defray the expenses incurred by him in the formulation, issuance, administration or enforcement of any subsequent marketing order or agreement for fresh or processed apples. The commissioner shall file an annual report with the clerks of the senate and the house of representatives detailing the activities undertaken, assessments collected and expenditures made in the preceding year with respect to any marketing order or agreement implemented under said sections one hundred and two through one hundred and fifteen. All assessments collected and expenditures made with respect to any such marketing order or agreement shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.

M.G.L. c. 128, § 114 Advisory board established with marketing order; membership; expenses; duties

c. 128, § 114. Advisory board established with marketing order; membership; expenses; duties Section 114. Any marketing order issued pursuant to said sections one hundred and two through one hundred and fifteen shall provide for the establishment of an advisory board, to consist of not less than five members nor more than nine members, to advise the commissioner in the administration of such marketing order in accordance with its terms and provisions. The members of said board shall be appointed by the commissioner from nominations received from the Massachusetts apple industry, including, without limitation, producers, handlers and processors. Nominating procedures, qualifications, and representation on and size of the advisory board shall be prescribed in each marketing order for which such board is appointed. Each advisory board shall be composed of such producers and handlers or processors as are directly affected by the marketing order in such proportion of representation as the order shall prescribe. The commissioner may appoint one person who is neither a producer nor processor nor other handler to represent the department of food and agriculture or the public generally. No member of an advisory board shall receive a salary, but each shall be entitled to reasonable expenses incurred while engaged in performing his duties herein authorized, which shall be paid from the trust fund established with respect to the marketing order under section one hundred and thirteen of this chapter. The duties and responsibilities of the advisory board shall be prescribed by the commissioner, and he may specifically delegate to the advisory board, by inclusion in the marketing order, all or any of the following duties and responsibilities:— (a) recommending to the commissioner administrative rules and regulations relating to the marketing order; (b) recommending to the commissioner such amendments to the marketing order as seem advisable; (c) preparing and submitting to the commissioner the estimated budget required for the proper operation of the marketing order; (d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds; (e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order; (f) performing such other duties in connection with the marketing order as the commissioner shall designate.

M.G.L. c. 128, § 115 Rules and regulations; promulgation; actions to enforce compliance; injunctions; costs

c. 128, § 115. Rules and regulations; promulgation; actions to enforce compliance; injunctions; costs Section 115. The commissioner may make and promulgate such rules and regulations as may be necessary to effectuate the provisions and intent of said sections one hundred and two through one hundred and fifteen and to enforce the provision of any marketing agreement or order, all of which shall have the force and effect of law. The commissioner may institute such action at law or in equity as may appear necessary to enforce compliance with any provision of said sections one hundred and two through one hundred and fifteen or any rule or regulation, marketing agreement or order, committed to his administration, and in addition may apply for relief by injunction if necessary to protect the public interest. Costs incurred by the commissioner in such proceedings shall be paid from the trust fund established under section one hundred and thirteen of this chapter with respect to the marketing order or agreement in the proceedings.

M.G.L. c. 128, § 116 Definitions applicable to Secs. 117 to 123

c. 128, § 116. Definitions applicable to Secs. 117 to 123 Section 116. As used in this section and sections 117 to section 123, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Hemp'', the plant of the genus cannabis and any part of the plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry weight basis or per volume or weight of marijuana product or the combined per cent of delta–9–tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content. ''Industrial hemp'', hemp that is used exclusively for industrial purposes including, but not limited to, the fiber and seed. ''Person'', a natural person, corporation, association, partnership or other legal entity.

M.G.L. c. 128, § 117 Industrial hemp; regulation; acquisition of seed

c. 128, § 117. Industrial hemp; regulation; acquisition of seed Section 117. (a) Industrial hemp may be planted, grown, harvested, possessed, processed, bought, sold or researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting, possessing, processing, selling or research of industrial hemp as an agricultural product shall be subject to the supervision and approval of the department pursuant to sections 116 to 123, inclusive. (b) A person planting, growing, harvesting, possessing, processing or selling industrial hemp for commercial purposes shall: (i) be licensed by the department pursuant to section 118; and (ii) only acquire hemp seeds from a distributor approved by the department. (c) Industrial hemp shall only be used for the following: (i) research purposes; and (ii) commercial purposes considered reasonable by the commissioner.

M.G.L. c. 128, § 118 Purposes for which industrial hemp may be planted, grown, harvested, possessed, processed or sold; registration and licensure

c. 128, § 118. Purposes for which industrial hemp may be planted, grown, harvested, possessed, processed or sold; registration and licensure Section 118. (a) No person, other than a person utilizing hemp for commercial purposes pursuant to subsection (c) or a person utilizing industrial hemp for research pursuant to subsection (d), shall plant, grow, harvest, possess, process or sell industrial hemp without a license issued by the department. (b) No person shall produce or distribute industrial hemp seed without a license issued by the department. (c) A person utilizing hemp for commercial purposes shall register with the department. (d) A person utilizing industrial hemp for research conducted under an agricultural pilot program or other agricultural or academic research shall register with the department. (e) An application for a license issued pursuant to subsection (a) or (b) shall include, but not be limited to: (i) the name and address of any applicants; (ii) the name and address of the industrial hemp operation of the applicant; (iii) the global positioning system coordinates and legal description of the property used for the industrial hemp operation; (iv) the acreage size of the field where the industrial hemp will be grown, if applicable; (v) a written consent allowing the department to conduct both scheduled and random inspections of and around the premises on which the industrial hemp is being sown, grown, harvested, stored and processed; (vi) a nonrefundable application fee in an amount which shall be established by the commissioner; (vii) any other information as may be required pursuant to subsection (d); and (vii) any other information as may be required by the commissioner. (f) All documents included in an application for licensure submitted under subsection (e) except for the address of a licensee's cultivation or production facilities and any documents describing, depicting or otherwise outlining a licensee's security schematics or global positioning system coordinates, which are considered by the department to be confidential in nature due to their public safety implications, shall be considered public records for the purposes of chapter 66.

M.G.L. c. 128, § 119 Annual license; grounds for denial of application

c. 128, § 119. Annual license; grounds for denial of application Section 119. (a) After receipt, review and approval of an application for licensure pursuant to section 118, the commissioner may grant an annual license upon issuance of written findings that the requirements of sections 116 to 123, inclusive, have been satisfied and upon the issuance of written findings that issuing the license will be in the best interest of the commonwealth. (b) The commissioner shall deny an application for a license filed pursuant to section 118 if the applicant: (i) fails to satisfy the minimum qualifications for licensure pursuant to sections 116 to 123, inclusive; or (ii) for good cause shown.

M.G.L. c. 128, § 120 Suspension, revocation or refusal to renew license

c. 128, § 120. Suspension, revocation or refusal to renew license Section 120. The commissioner shall suspend, revoke or refuse to renew the license of a person who violates sections 116 to 123, inclusive, following appropriate process in accordance with chapter 30A.

M.G.L. c. 128, § 121 Rulemaking authority

c. 128, § 121. Rulemaking authority Section 121. (a) The department and the commissioner shall promulgate rules and regulations for the implementation, administration and enforcement of sections 116 to 123, inclusive. (b) Pursuant to section 2 of chapter 30A, the department may promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if the regulation is necessary to protect the interests of the commonwealth in regulating industrial hemp.

M.G.L. c. 128, § 122 Inspection and testing program

c. 128, § 122. Inspection and testing program Section 122. The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department's duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing, selling or researching of hemp, industrial hemp. The department may establish an inspection and testing program to determine delta–9 tetrahydrocannabinol levels and ensure compliance with the limits on delta–9 tetrahydrocannabinol concentration.

M.G.L. c. 128, § 123 Fines; appeals

c. 128, § 123. Fines; appeals Section 123. The department may establish civil administrative fines for violations of sections 116 to 123, inclusive. A person aggrieved by the assessment of a fine under this section or a licensure action under section 120 may appeal by filing a notice of appeal with the department not later than 21 days after the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.

M.G.L. c. 128, § 124 Enforcement of federal standards related to growing, harvesting, packing and holding of produce for human consumption

c. 128, § 124. Enforcement of federal standards related to growing, harvesting, packing and holding of produce for human consumption Section 124. (a) As used in this section, the following words shall have the following meanings unless the context otherwise requires:- ''Farm'', lands that are used by a person for farming or agriculture as defined in section 1A. ''Federal act'', the FDA Food Safety Modernization Act, Public Law No. 111–353, as amended. ''Federal standards'', the standards adopted under the federal act for the growing, harvesting, packing and holding of produce for human consumption as set forth in 21 C.F.R. 112, as amended. ''Produce'', produce as defined in 21 C.F.R. 112.3, as amended. ''Produce farm'', any farm engaged in the growing, harvesting, packing or holding of produce. (b) The department may enforce the federal standards in the commonwealth. The department may consult, collaborate and enter into cooperative agreements with the department of public health regarding application and enforcement of the federal act. (c) (1) The department may enter upon and inspect a produce farm during reasonable hours to ensure compliance with the federal standards or, pursuant to paragraph (2), comparable state standards applicable to produce not meeting the definition of covered produce under 21 C.F.R. 112.3, as amended. The commissioner may promulgate regulations as may be necessary to implement this paragraph. (2) The department may conduct inspections of produce not meeting the definition of covered produce under 21 C.F.R. 112.3, as amended, or a produce farm not subject to the federal standards under 21 C.F.R. 112.4 and 112.5, as amended, only upon the request of the operator of the produce farm. Such a request for inspection shall subject the produce farm and its operator to the authority of the department as set forth in this section. (3) After inspection, the department may issue an inspection certificate that shall include the date and place of inspection along with any other information that the department may prescribe. The department may coordinate with other state and federal agencies and organizations to carry out inspections at or near the same time on a particular produce farm. (d) The department may issue reasonable orders necessary to effectuate the purposes of this section including, but not limited to, orders for the embargo, destruction, quarantine and release of produce. The commissioner may promulgate regulations as may be necessary to implement this subsection. (e) The operator of a produce farm shall maintain records required by the federal act and rules adopted thereunder and shall make those records available to the department upon request. [Chapter 128A effective until December 15, 2025. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; and 2023, 26, Sec. 20.]

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter128Fetched: 10/20/2026