General Laws of Massachusetts - Chapter 128 Agriculture

• Massachusetts General Laws - Definitions - Chapter 128, 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”,...
• Massachusetts General Laws - Farming, agriculture, farmer; definitions - Chapter 128, 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...
• Massachusetts General Laws - Powers and duties of department of agriculture - Chapter 128, 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...
• Massachusetts General Laws - Horse riding instructors; licenses; fees; validity of license; duplicate licenses; rules and regulations - Chapter 128, 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...
• Massachusetts General Laws - Riding schools or stables; license; fee; rules and regulations; penalties - Chapter 128, 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...
• Massachusetts General Laws - Horses participating in contests at agricultural fairs; administering of drugs prohibited; testing, prima facie evidence; eligibility restricted; rules and regulations - Chapter 128, 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...
• Massachusetts General Laws - Liability of persons involved in equine activities - Chapter 128, 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...
• Massachusetts General Laws - Agricultural harvesting or “pick-your-own” farming operations; liability of owners or operators - Chapter 128, 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...
• Massachusetts General Laws - Collection and circulation of information regarding development of agricultural resources - Chapter 128, 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...
• Massachusetts General Laws - Trust funds, gifts or bequests - Chapter 128, 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...
• Massachusetts General Laws - Annual report - Chapter 128, 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...
• Massachusetts General Laws - Lectures and publications - Chapter 128, 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...
• Massachusetts General Laws - Posters containing extracts of laws; preparation and distribution - Chapter 128, 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,...
• Massachusetts General Laws - Definitions - Chapter 128, 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...
• Massachusetts General Laws - Use of public lands; application; indemnification - Chapter 128, 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...
• Massachusetts General Laws - Priority in allotment of public lands - Chapter 128, 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...
• Massachusetts General Laws - Bureau contracts for use of public lands - Chapter 128, 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...
• Massachusetts General Laws - Making land available to bureau - Chapter 128, 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...
• Massachusetts General Laws - Adoption of rules and regulations - Chapter 128, 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,...
• Massachusetts General Laws - Repealed, 1971, 29 - Chapter 128, Section 8
  Repealed, 1971,
• Massachusetts General Laws - Destruction or control of foxes and rodents; investigations; cooperative arrangements with United States - Chapter 128, 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...
• Massachusetts General Laws - Supervision of mink ranches; listing; fee; certificate; penalty - Chapter 128, 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...
• Massachusetts General Laws - Establishment of demonstration sheep farms - Chapter 128, 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...
• Massachusetts General Laws - Maintenance of flock of sheep on demonstration farm - Chapter 128, 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...
• Massachusetts General Laws - Compensation from commonwealth - Chapter 128, 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,...
• Massachusetts General Laws - Powers and duties of division of regulatory services - Chapter 128, 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,...
• Massachusetts General Laws - Report of unsanitary condition - Chapter 128, 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...
• Massachusetts General Laws - Reimbursement following dealer’s milk payment default - Chapter 128, 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...
• Massachusetts General Laws - Dealer payments into Milk Producers Security Fund - Chapter 128, Section 13B
  [ First paragraph effective until March 30, 2014. For text effective March 30, 2014, see below.]The dealer of milk in the commonwealth who first received...
• Massachusetts General Laws - Access by department to places or vehicles used in manufacture, storage or sale of dairy products; enforcement of laws; hindrance of officer - Chapter 128, 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...
• Massachusetts General Laws - Duties of employees of department - Chapter 128, 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,...
• Massachusetts General Laws - Entry upon public or private grounds; contracts - Chapter 128, 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...
• Massachusetts General Laws - Inspection of nurseries; certificate; suppression of pests - Chapter 128, 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,...
• Massachusetts General Laws - Licensing of nursery agents; application; revocation - Chapter 128, 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...
• Massachusetts General Laws - Sale of nursery stock; grower’s certificate - Chapter 128, 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...
• Massachusetts General Laws - Importation of nursery stock; certificate of inspection - Chapter 128, 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...
• Massachusetts General Laws - Spread or growth of plants of water chestnut ((Trapa natans)) - Chapter 128, 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...
• Massachusetts General Laws - Inspection of nursery stock, fruits and plants at points of destination; destruction; notice to director - Chapter 128, 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...
• Massachusetts General Laws - Repealed, 1952, 480, Sec. 2 - Chapter 128, Section 22
  Repealed, 1952, 480, Sec.
• Massachusetts General Laws - Compensation for destruction of cultivated berry-bearing shrubbery; notice; investigation; arbitration; award; certification - Chapter 128, 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...
• Massachusetts General Laws - Inspection of orchards, etc. for noxious weeds, insect pests or plant diseases; notice to landowners, et al.; abatement; cost of treatment - Chapter 128, 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,...
• Massachusetts General Laws - Repealed, 1949, 761, Sec. 13 - Chapter 128, Section 24A
  Repealed, 1949, 761, Sec.
• Massachusetts General Laws - Appeal from proposed action - Chapter 128, 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...
• Massachusetts General Laws - Proceedings after appeal; notice - Chapter 128, 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...
• Massachusetts General Laws - Powers of director - Chapter 128, 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...
• Massachusetts General Laws - Exemption of gypsy and brown tail moths - Chapter 128, 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...
• Massachusetts General Laws - Violations - Chapter 128, 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...
• Massachusetts General Laws - Prosecutions - Chapter 128, 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...
• Massachusetts General Laws - European corn borer infestation; hearing; order; publication - Chapter 128, 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...
• Massachusetts General Laws - Disposition of corn stubble; destruction; postponement - Chapter 128, 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...
• Massachusetts General Laws - Duties; staff; preparation and distribution of literature on bee culture - Chapter 128, 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...
• Massachusetts General Laws - Maintenance of colony of honey bees in hives in which brood combs are fastened to container; diseased bees - Chapter 128, 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...
• Massachusetts General Laws - Instructions as to treatment of diseased and miskept colonies; destruction - Chapter 128, 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...
• Massachusetts General Laws - Transportation of bees and bee equipment; certificate; inspection; fees - Chapter 128, 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...
• Massachusetts General Laws - Access by inspector to places where bees, bee supplies, appliances or equipment are kept; inspection cards - Chapter 128, 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...
• Massachusetts General Laws - Records; reports - Chapter 128, 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...
• Massachusetts General Laws - Labeling and sale of honey; restrictions - Chapter 128, 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...
• Massachusetts General Laws - Maple syrup and maple syrup food products; labelling - Chapter 128, 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...
• Massachusetts General Laws - Repealed, 1966, 606 - Chapter 128, Section 37
  Repealed, 1966,
• Massachusetts General Laws - Penalties - Chapter 128, Section 38
  Whoever violates any provision of sections thirty-three and thirty-five shall be punished for a first offence by a fine of not more than thirty dollars,...
• Massachusetts General Laws - Establishment and holding of fairs - Chapter 128, Section 38A
  The director of the division of fairs shall supervise the establishment and holding of fairs for the encouragement or extension of agriculture.
• Massachusetts General Laws - Massachusetts State Exposition Building Maintenance Fund - Chapter 128, 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...
• Massachusetts General Laws - Agricultural fairs; facilities and land resources; preservation and rehabilitation - Chapter 128, 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...
• Massachusetts General Laws - Repealed, 1933, 74, Sec. 2 - Chapter 128, Section 39
  Repealed, 1933, 74, Sec.
• Massachusetts General Laws - Trustees for county cooperative extension service; accounts; director of accounts; annual report - Chapter 128, 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...
• Massachusetts General Laws - Selection of directors; terms - Chapter 128, 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...
• Massachusetts General Laws - Receipt of grants; expenditure of money; power of trustees - Chapter 128, 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...
• Massachusetts General Laws - Instructors in agriculture, homemaking and country life - Chapter 128, 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...
• Massachusetts General Laws - Preparation of annual budget - Chapter 128, 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...
• Massachusetts General Laws - Suffolk county annual budget and report; tax assessment - Chapter 128, 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...
• Massachusetts General Laws - Acquisition of land by towns for demonstration work in agriculture and homemaking - Chapter 128, 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...
• Massachusetts General Laws - Exhibitions; assignment of police to preserve peace - Chapter 128, 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...
• Massachusetts General Laws - Receipt of department reports by farmers’ clubs; annual returns; reports - Chapter 128, 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...
• Massachusetts General Laws - Regulations for preservation of peace at meetings or exhibitions; posting - Chapter 128, 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...
• Massachusetts General Laws - Vendors, gaming activities, shows or plays near cattle show, fair or exhibition; gaming - Chapter 128, 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...
• Massachusetts General Laws - Penalty - Chapter 128, 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.
• Massachusetts General Laws - Definitions applicable to Secs. 52 to 63 - Chapter 128, 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,...
• Massachusetts General Laws - Registration; application; changes in guarantees; hearing; fee - Chapter 128, 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...
• Massachusetts General Laws - Labels affixed to containers or accompanying delivery in bulk; form and content - Chapter 128, 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)...
• Massachusetts General Laws - Adulterated feed, defined - Chapter 128, 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...
• Massachusetts General Laws - Restrictions on distribution of feed - Chapter 128, 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...
• Massachusetts General Laws - Prohibited acts or omissions - Chapter 128, 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...
• Massachusetts General Laws - Enforcement of Secs. 52 to 60; prosecution of violations; hearing; notice - Chapter 128, 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...
• Massachusetts General Laws - Inspection; warrant; obtaining of official samples for analysis and forwarding of results - Chapter 128, 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...
• Massachusetts General Laws - Methods for collection and delivery of samples for analysis - Chapter 128, 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 General Laws - Withdrawal order; release; condemnation proceedings; seizure; disposition - Chapter 128, 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...
• Massachusetts General Laws - Penalties; certified copy of official analysis as prima facie evidence - Chapter 128, 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...
• Massachusetts General Laws - Publication of pertinent information and data; results of analysis; confidential status - Chapter 128, 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...
• Massachusetts General Laws - Rules and regulations - Chapter 128, 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...
• Massachusetts General Laws - Definitions applicable to Secs. 65 to 83 - Chapter 128, 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...
• Massachusetts General Laws - Plant nutrients or beneficial substances; guarantees; sources; inspection and analysis - Chapter 128, 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...
• Massachusetts General Laws - Limitation on the purchase and application of phosphorus containing fertilizer; additional regulations for the limitation of non-point source pollution from plant nutrients - Chapter 128, Section 65A
  [Text of section added by 2012, 262, Sec. 7 effective January 1, 2014. See 2012, 262, Sec. 11.] (a) No person shall purchase and apply...
• Massachusetts General Laws - Licenses to distribute; registration of specialty fertilizers; applications; labels; fees - Chapter 128, 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...
• Massachusetts General Laws - Labels; contents - Chapter 128, 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...
• Massachusetts General Laws - Registration and inspection fees - Chapter 128, 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...
• Massachusetts General Laws - Statement of tonnage sold; inspection fee; filing; permit to examine books - Chapter 128, 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...
• Massachusetts General Laws - Analysis of fertilizers; inspection and taking of samples; publication of results - Chapter 128, 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...
• Massachusetts General Laws - Analysis deficiencies; penalties - Chapter 128, 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...
• Massachusetts General Laws - Weight deficiencies; penalty - Chapter 128, 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...
• Massachusetts General Laws - Determination and publication of values per unit of certain nutrients in fertilizers - Chapter 128, 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....
• Massachusetts General Laws - False or misleading labeling; deleterious or harmful ingredients - Chapter 128, 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...
• Massachusetts General Laws - Rules and regulations; effectiveness; violations; prosecution, restriction - Chapter 128, 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...
• Massachusetts General Laws - Misleading or deceptive practices; violations; refusal or cancellation of certificate - Chapter 128, 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...
• Massachusetts General Laws - Analysis of samples - Chapter 128, 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 General Laws - Nonconforming products; violations; withholding from sale; release; condemnation; seizure; disposal - Chapter 128, 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...
• Massachusetts General Laws - Violations; penalties; official analysis as prima facie evidence - Chapter 128, 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...
• Massachusetts General Laws - Publication of information - Chapter 128, 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,...
• Massachusetts General Laws - Minor violations; reporting - Chapter 128, 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...
• Massachusetts General Laws - Rules and regulations - Chapter 128, 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...
• Massachusetts General Laws - Exempt transactions - Chapter 128, 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...
• Massachusetts General Laws - Definitions - Chapter 128, 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”,...
• Massachusetts General Laws - Sale of seeds; labeling or tagging containers; required information - Chapter 128, 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...
• Massachusetts General Laws - Sale of seeds; labeling or tagging containers; variety or cultivar designation - Chapter 128, 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...
• Massachusetts General Laws - Vegetable seeds; labeling or tagging containers; required information - Chapter 128, 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...
• Massachusetts General Laws - Flower seeds; labeling containers; required information - Chapter 128, 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...
• Massachusetts General Laws - Tree and shrub seeds; labeling containers; required information - Chapter 128, 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...
• Massachusetts General Laws - Sale of seeds; percentage of germination; labeling; false advertisements; noxious weed seeds - Chapter 128, 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...
• Massachusetts General Laws - Defacing or destroying labels; false advertising; prohibited sales - Chapter 128, 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,...
• Massachusetts General Laws - Application of Secs. 85 to 91 - Chapter 128, 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...
• Massachusetts General Laws - Exemption from penalty of Sec. 100; limitations - Chapter 128, 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...
• Massachusetts General Laws - Enforcement; prosecutions - Chapter 128, 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...
• Massachusetts General Laws - Access for inspection; taking samples for tests and analyses; cooperation with United States Department of Agriculture; withholding seeds from sale - Chapter 128, 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...
• Massachusetts General Laws - Seizure and condemnation; court proceedings - Chapter 128, 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...
• Massachusetts General Laws - Tests and analyses; reports; publication of results - Chapter 128, 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...
• Massachusetts General Laws - Seed germination standards; enforcement - Chapter 128, 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,...
• Massachusetts General Laws - Purity and germination tests; fees; disposition - Chapter 128, 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...
• Massachusetts General Laws - Penalty - Chapter 128, 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...
• Massachusetts General Laws - Sale of seed potatoes restricted; waiver; penalty - Chapter 128, 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...
• Massachusetts General Laws - Purpose and policy - Chapter 128, 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...
• Massachusetts General Laws - Definitions - Chapter 128, 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...
• Massachusetts General Laws - Marketing agreements; approval - Chapter 128, 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...
• Massachusetts General Laws - Marketing orders; issuance; notice and hearing; amendment or termination of orders - Chapter 128, 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...
• Massachusetts General Laws - Budgets for marketing orders or agreements; cooperation with other states and federal government - Chapter 128, 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...
• Massachusetts General Laws - Collection of assessments - Chapter 128, 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...
• Massachusetts General Laws - Marketing agreements or orders; provisions - Chapter 128, 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...
• Massachusetts General Laws - Temporary suspension of marketing orders or agreements; notice and hearing - Chapter 128, 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...
• Massachusetts General Laws - Economic factors - Chapter 128, 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...
• Massachusetts General Laws - Effect of marketing agreements or marketing orders; execution or issuance of one without other; concurrent hearings - Chapter 128, 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,...
• Massachusetts General Laws - Issuance, amendment or termination of marketing orders; deposit to defray expenses; reimbursement - Chapter 128, 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...
• Massachusetts General Laws - Assessments held in trust; disbursements; refunds; reports - Chapter 128, 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...
• Massachusetts General Laws - Advisory board established with marketing order; membership; expenses; duties - Chapter 128, 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...
• Massachusetts General Laws - Rules and regulations; promulgation; actions to enforce compliance; injunctions; costs - Chapter 128, 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...

Last modified: September 11, 2015