General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE XIX. AGRICULTURE AND CONSERVATION |
CHAPTER 128. AGRICULTURE |
SECTION 1. Definitions |
SECTION 1A. Farming, agriculture, farmer; definitions |
SECTION 2. Powers and duties of the department |
SECTION 2A. Horse riding instructors; licenses; fees; validity of license; duplicate licenses; rules and regulations |
SECTION 2B. Riding schools or stables; license; fee; rules and regulations; penalties |
SECTION 2C. Horses participating in contests at agricultural fairs; administering of drugs prohibited; testing, prima facie evidence; eligibility restricted; rules and regulations |
SECTION 2D. Liability of persons involved in equine activities |
SECTION 2E. Agricultural harvesting or ''pick-your-own'' farming operations; liability of owners or operators |
SECTION 3. Collection and circulation of information regarding development of agricultural resources |
SECTION 4. Trust funds, gifts or bequests |
SECTION 5. Annual report |
SECTION 6. Lectures and publications |
SECTION 7. Posters containing extracts of laws; preparation and distribution |
SECTION 7A. Definitions |
SECTION 7B. Use of public lands; application; indemnification |
SECTION 7C. Priority in allotment of public lands |
SECTION 7D. Bureau contracts for use of public lands |
SECTION 7E. Making land available to bureau |
SECTION 7F. Adoption of rules and regulations |
SECTION 8. Repealed, 1971, 29 |
SECTION 8A. Destruction or control of foxes and rodents; investigations; cooperative arrangements with United States |
SECTION 8B. Supervision of mink ranches; listing; fee; certificate; penalty |
SECTION 9. Establishment of demonstration sheep farms |
SECTION 10. Maintenance of flock of sheep on demonstration farm |
SECTION 11. Compensation from commonwealth for use of farm as a demonstration sheep farm |
SECTION 12. Powers and duties of division of regulatory services |
SECTION 13. Report of unsanitary condition |
SECTION 13A. Reimbursement following dealer's milk payment default |
SECTION 13B. Dealer payments into Milk Producers Security Fund |
SECTION 14. Access by department to places or vehicles used in manufacture, storage or sale of dairy products; enforcement of laws; hindrance of officer |
SECTION 15. Duties of employees of department |
SECTION 16. Entry upon public or private grounds for purposes of abating serious plant diseases; contracts |
SECTION 17. Inspection of nurseries; certificate; suppression of pests |
SECTION 18. Licensing of nursery agents; application; revocation |
SECTION 19. Sale of nursery stock; grower's certificate |
SECTION 20. Importation of nursery stock; certificate of inspection |
SECTION 20A. Spread or growth of plants of water chestnut <i>(Trapa natans)</i> |
SECTION 21. Inspection of nursery stock, fruits and plants at points of destination; destruction; notice to director |
SECTION 22. Repealed, 1952, 480, Sec. 2 |
SECTION 23. Compensation for destruction of cultivated berry-bearing shrubbery; notice; investigation; arbitration; award; certification |
SECTION 24. Inspection of orchards, etc. for noxious weeds, insect pests or plant diseases; notice to landowners, et al.; abatement; cost of treatment |
SECTION 24A. Repealed, 1949, 761, Sec. 13 |
SECTION 25. Appeal from proposed action |
SECTION 26. Proceedings after appeal; notice |
SECTION 27. Prohibition on delivery within the commonwealth of infested nursery stock, fruit and plants |
SECTION 28. Exemption of gypsy and brown tail moths |
SECTION 29. Penalties for violation of Secs. 16 to 27 |
SECTION 30. Prosecutions |
SECTION 31. European corn borer infestation; hearing; order; publication |
SECTION 31A. Disposition of corn stubble; destruction; postponement |
SECTION 32. Inspection and control of bees; chief apiary inspector; duties; preparation and distribution of literature on bee culture |
SECTION 33. Maintenance of colony of honey bees in hives in which brood combs are fastened to container; diseased bees |
SECTION 34. Instructions as to treatment of diseased and miskept colonies; destruction |
SECTION 35. Transportation of bees and bee equipment; certificate; inspection; fees |
SECTION 36. Access by inspector to places where bees, bee supplies, appliances or equipment are kept; inspection cards |
SECTION 36A. Records of number and locations of colonies; reports |
SECTION 36B. Labeling and sale of honey; restrictions |
SECTION 36C. Maple syrup and maple syrup food products; labelling |
SECTION 37. Repealed, 1966, 606 |
SECTION 38. Penalties for violation of Secs. 33, 35, 36B and 36C |
SECTION 38A. Establishment and holding of fairs |
SECTION 38B. Massachusetts State Exposition Building Maintenance Fund |
SECTION 38C. Agricultural fairs; facilities and land resources; preservation and rehabilitation |
SECTION 39. Repealed, 1933, 74, Sec. 2 |
SECTION 40. Trustees for county cooperative extension service; accounts; director of accounts; annual report |
SECTION 41. Selection of directors; terms |
SECTION 42. Receipt of grants; expenditure of money; power of trustees |
SECTION 43. Instructors in agriculture, homemaking and country life |
SECTION 44. Preparation of annual budget |
SECTION 44A. Suffolk county annual budget and report; tax assessment |
SECTION 45. Acquisition of land by towns for demonstration work in agriculture and homemaking |
SECTION 46. Agricultural or horticultural societies; exhibitions; assignment of police to preserve peace |
SECTION 47. Receipt of department reports by farmers' clubs; annual returns; reports |
SECTION 48. Regulations for preservation of peace at meetings or exhibitions; posting |
SECTION 49. Vendors, gaming activities, shows or plays near cattle show, fair or exhibition; gaming |
SECTION 50. Penalty for violations of Sec. 49 or regulations established under Sec. 48 |
SECTION 51. Definitions applicable to Secs. 52 to 63 |
SECTION 52. Commercial feed; registration; application; changes in guarantees; hearing; fee |
SECTION 53. Labels affixed to commercial feed containers or accompanying delivery in bulk; form and content |
SECTION 54. Adulterated feed, defined |
SECTION 55. Restrictions on distribution of feed |
SECTION 56. Prohibited acts or omissions |
SECTION 57. Enforcement of Secs. 52 to 60; prosecution of violations; hearing; notice |
SECTION 58. Inspection of commercial feed facilities and vehicles; warrant; obtaining of official samples for analysis and forwarding of results |
SECTION 59. Methods for collection and delivery of samples for analysis |
SECTION 60. Withdrawal of commercial feed from sale; release; condemnation proceedings; seizure; disposition |
SECTION 61. Penalties; certified copy of official analysis as prima facie evidence |
SECTION 62. Publication of pertinent information and data concerning commercial feed; results of analysis; confidential status |
SECTION 63. Rules and regulations relative to sale of commercial feed |
SECTION 64. Definitions applicable to Secs. 65 to 83 |
SECTION 65. Plant nutrients or beneficial substances; guarantees; sources; inspection and analysis |
SECTION 65A. Limitation on the purchase and application of phosphorus containing fertilizer; additional regulations for the limitation of non-point source pollution from plant nutrients |
SECTION 66. Licenses to distribute fertilizers; registration of specialty fertilizers; applications; labels; fees |
SECTION 67. Labeling of containers of commercial fertilizers, soil conditioners and agricultural liming materials; contents |
SECTION 68. Registration and inspection fees for commercial fertilizers, soil conditioners and agricultural liming materials |
SECTION 69. Statement of tonnage sold; inspection fee; filing; permit to examine books |
SECTION 70. Analysis of fertilizers; inspection and taking of samples; publication of results |
SECTION 71. Analysis deficiencies; penalties |
SECTION 72. Weight deficiencies; penalty |
SECTION 73. Determination and publication of values per unit of certain nutrients in fertilizers |
SECTION 74. False or misleading labeling of commercial fertilizers, soil conditioners and agricultural liming materials; deleterious or harmful ingredients |
SECTION 75. Rules and regulations; effectiveness; violations; prosecution, restriction |
SECTION 76. Misleading or deceptive practices; violations; refusal or cancellation of certificate |
SECTION 77. Analysis of samples |
SECTION 78. Nonconforming products; violations; withholding from sale; release; condemnation; seizure; disposal |
SECTION 79. Violations; penalties; official analysis as prima facie evidence |
SECTION 80. Publication of information concerning fertilizers, soil conditioners and agricultural liming materials |
SECTION 81. Minor violations; reporting |
SECTION 82. Rules and regulations relative to the sale of commercial fertilizers, soil conditioners and agricultural liming materials |
SECTION 83. Exempt transactions |
SECTION 84. Definitions applicable to Secs. 84 to 101 |
SECTION 85. Sale of seeds; labeling or tagging containers; required information |
SECTION 86. Sale of seeds; labeling or tagging containers; variety or cultivar designation |
SECTION 87. Vegetable seeds; labeling or tagging containers; required information |
SECTION 88. Flower seeds; labeling containers; required information |
SECTION 89. Tree and shrub seeds; labeling containers; required information |
SECTION 90. Sale of seeds; percentage of germination; labeling; false advertisements; noxious weed seeds |
SECTION 91. Defacing or destroying labels; false advertising; prohibited sales |
SECTION 92. Application of Secs. 85 to 91 |
SECTION 93. Exemption from penalty of Sec. 100; limitations |
SECTION 94. Enforcement; prosecutions |
SECTION 95. Access for inspection; taking samples for tests and analyses; cooperation with United States Department of Agriculture; withholding seeds from sale |
SECTION 96. Seizure and condemnation; court proceedings |
SECTION 97. Tests and analyses; reports; publication of results |
SECTION 98. Seed germination standards; enforcement |
SECTION 99. Purity and germination tests; fees; disposition |
SECTION 100. Penalty |
SECTION 101. Sale of seed potatoes restricted; waiver; penalty |
SECTION 102. Marketing and promotion of apples; purpose and policy |
SECTION 103. Definitions applicable to Secs. 102 to 115 |
SECTION 104. Marketing agreements; approval |
SECTION 105. Marketing orders; issuance; notice and hearing; amendment or termination of orders |
SECTION 106. Budgets for marketing orders or agreements; cooperation with other states and federal government |
SECTION 107. Collection of assessments |
SECTION 108. Marketing agreements or orders; provisions |
SECTION 109. Temporary suspension of marketing orders or agreements; notice and hearing |
SECTION 110. Economic factors |
SECTION 111. Effect of marketing agreements or marketing orders; execution or issuance of one without other; concurrent hearings |
SECTION 112. Issuance, amendment or termination of marketing orders; deposit to defray expenses; reimbursement |
SECTION 113. Assessments held in trust; disbursements; refunds; reports |
SECTION 114. Advisory board established with marketing order; membership; expenses; duties |
SECTION 115. Rules and regulations; promulgation; actions to enforce compliance; injunctions; costs |
SECTION 116. Definitions applicable to Secs. 117 to 123 |
SECTION 117. Industrial hemp; regulation; acquisition of seed |
SECTION 118. Purposes for which industrial hemp may be planted, grown, harvested, possessed, processed or sold; registration and licensure |
SECTION 119. Annual license; grounds for denial of application |
SECTION 120. Suspension, revocation or refusal to renew license |
SECTION 121. Rulemaking authority |
SECTION 122. Inspection and testing program |
SECTION 123. Fines; appeals |
SECTION 124. Enforcement of federal standards related to growing, harvesting, packing and holding of produce for human consumption |