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EXHIBIT 8-AN ACT DEALING WITH THE MILK

CONTROL COMMISSION

THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Seventy

AN ACT Dealing with the milk control commission.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION. 1. Chapter 20 of the General Laws is hereby amended by striking sections 7, 8, and 9.

SEC. 2. Chapter 94 is hereby amended by repealing Sections 29, 29A, 30, and 31.

SEC. 3. Section 27 of chapter 94 is hereby amended by striking the words "and the director of milk control and duly regulated under the provisions of Section 29A” and by striking the last sentence and inserting in place thereof the words "A copy of each certificate shall be furnished to the Commissioner of Agriculture".

SEC. 4. Sections 28 and 28A of chapter 94 are hereby amended by striking the words “director of milk control” and inserting in place thereof the words "Commissioner of Agriculture".

SEC. 5. Section 1 of chapter 94A is hereby amended by striking the words "commission" and "director".

SEC. 6. Chapter 94A is hereby amended by striking Section 1 and reinserting said Section in Section 14, chapter 94.

Sec. 7. Chapter 94A is hereby amended by striking Section 2 and inserting in place thereof the following:

The Commissioner or his agent shall have the following powers and duties to:

1. Designate and establish milk marketing regions in the state;

2. Supervise and regulate the milk industry in the Commonwealth, Provided, That the Commissioner shall not have the power to supervise and regulate the sale of milk in retail stores as to cost, sales, or price, nor shall the Commissioner be able to establish prices or costs for dealers, producers or any other parties engaged in the sale, receipt, or bandling of milk or milk products;

3. The Commissioner may promulgate, pursuant to a public hearing, regulations to carry out the intent of this section, including the licensing of milk dealers.

SEC. 8. Chapter 94A is hereby amended by striking Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 22A, 23, 24, 25, 26, 27.

Sec. 9. Chapter 94 is hereby amended by adding the following new Section, 14C:

Sec. 14C. In case of conflict between federal laws or regulations and state laws or regulations, federal laws or regulations shall be in effect. The federal marketing law shall apply in all state established marketing regions.

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EXHIBIT 9-AN ACT REQUIRING PUBLIC HEARINGS

REGARDING NUTRITIONAL INFORMATION

THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Seventy-Five

AN ACT Requiring public hearings regarding nutritional information Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 192 of Chapter 94 of the General Laws is hereby amended by adding the following sentence:

It shall hold public hearings and make regulations concerning the display of nutritional information, health related nutritional information, ingredient information, open code date information and storage information either on individual packaged goods or in other ways to be determined by the department for all food intended or sold for human consumption.

EXHIBIT 10—AN ACT PROHIBITING THE PRE

TICKETING OF FOOD PRODUCTS

THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Seventy-Six

AN ACT Prohibiting the pre-ticketing of food products Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 93 of the General Laws is hereby amended by insertion of the following new chapter 93F:

SECTION 1. As used in this chapter, the following words shall, unless the text otherwise requires, have the following meanings:

(a) “Retailer” means any person engaging in direct sales of food to the ultimate consumer or to the public generally, and includes persons who either own or control retailers and supply them with food.

(b) "Food" includes all articles, whether simple, mixed or compound, used for food or drink, confectionery or condiment, by man or animal.

(c) “Pre-ticketing of Food Products” means the labelling, marking or affixing of an actual or suggested retail price to any container or package of food by persons other than retailers at places other than the retailer's place of business.

SEC. 2. The pre-ticketing of food products by any person who either directly or indirectly manufacturers, sells or distributes food in Massachusetts shall be unlawful.

SEC. 3. Whoever violates section 2 of this chapter shall for the first offense be punished by a fine of not less than $25.00 nor more than $50.00, and for a subsequent offense, by a fine of not less than $100.00 nor more than $500.00:

Sec. 4. The director of standards and the sealers of weights and measures shall enforce the provisions of this chapter.

EXHIBIT 11—AN ACT AMENDING THE MILK AND CREAM LAWS TO PROVIDE FOR UNIFORMITY WITH FEDERAL LAW AND RECIPROCAL INSPECTION OF DAIRY FARMS

THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Seventy-Five

AN ACT Amending the milk and cream laws to provide for uniformity with

Federal law and reciprocal inspection of dairy farms

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 42 of Chapter 6 of the General Laws is hereby repealed.

SEC. 2. Section 1 of Chapter 94 of the General Laws is hereby amended by striking out the definitions of “Butter”, “Cheese”, Cream Cheese”, “Half and Half", "Heated Milk", and "Pasteurized

”, ”

' Milk”.

SEC. 3. Section 16 of said Chapter 94 of the General Laws as amended is hereby repealed and in place thereof is inserted the following new section 16:

For the purposes of Chapter 94, the following words shall have the following meanings:

Dairy Farm", a place or premises where more than two cows are kept and a part of all the milk produced thereon is sold or delivered for sale to any person.

“Commissioner" shall mean the Commissioner of the Department of Food and Agriculture.

Sec. 4. Chapter 94 is hereby amended by striking the word “director” and inserting in place thereof the word “Commissioner". The words "established by the board” is hereby deleted and inserted in place thereof is the words “as provided in section 12.” The word "board” in said chapter is also deleted and the words "Commissioner of Food and Agriculture" is inserted in place thereof.

Sec. 5. Section 16B of said Chapter 94 as amended is hereby repealed and in place thereof is inserted the following new section 16B:

Applications for the registration of dairy farms under section 16C shall be made upon blanks furnished by the Commissioner and shall contain such reasonable information as may be required by the Commissioner in order to assure the health and safety of all milk within and milk without the Commonwealth.

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SEC. 6. Said Chapter 94 is hereby further amended by striking out section 12, as most recently amended by section 1 of Chapter 425 of the Acts of 1967, and inserting in place thereof the following section:

SEC. 12. The Department of Public Health is hereby authorized to promulgate and adopt standards of identity and labelling requirements for milk and cream consistent with such standards which have been and may be adopted, by the United States Food and Drug Administration of the United States Department of Health, Education and Welfare or any successor of said agency. The Department of Public Health is further authorized to promulgate and adopt sanitation regulations for milk plants, receiving stations within or without the Commonwealth and for pasteurization plants located without the Commonwealth that ship milk into the Commonwealth provided that said regulations shall be consistent with the rules, regulations or ordinances of the United States Public Health Service or the Food and Drug Administration of the United States Department of Health, Education and Welfare or any successors of said agencies.

The Department of Public Health is hereby authorized to promulgate and adopt sanitary regulations for dairy farms within the Commonwealth and for dairy farms located without the Commonwealth who ship milk that they produce into the Commonwealth for use as fluid milk. Said regulations shall be consistent with the provisions of the rules, regulations or ordinances of the Public Health Service and the Food and Drug Administration of the Department of Health, Education and Welfare or any successor of said agencies.

The above shall not preclude the establishment of more stringent bacteriological standards for raw or pasteurized milk or cream by the Department of Public Health.

Whoever violates any provision of any rule or regulations promulgated under authority of this section shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense.

Sec. 7. Section 13E of Chapter 94 of the General Laws, as amended, is hereby repealed and in place thereof is inserted the following new section 13E:

Boards of health of cities and towns may adopt bacterial standards for any grade of milk established under section 12 by the Department of Public Health, which shall be numerically less but not greater than such standards established by the Department of Public Health, for any such grade. The establishment of any grade of milk shall not be construed to prevent the exercise by such boards of the powers and duties conferred and imposed upon them by sections 41 and 43, nor shall it be construed to prevent the sale of milk the production of which is regulated under authority of sections 20 to 25 inclusive of chapter one hundred and eighty; but this section shall not be deemed to authorize the sale or delivery of any milk designated as any grade established under said section 12 and not conforming to the standard so established for such grade, nor to authorize any violation of any rule or regulation adopted and approved, or amended, under said section.

SEC. 8. Said Chapter 94 is hereby further amended by striking out section 16C, as most recently amended by section 1 of Chapter 632 of the Acts of 1965, and inserting in place thereof the following section:

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