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 Section 13E of Chapter 94 of the General Laws, as amended, is hereby repealed and in place thereof is inserted the following new section 13E: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

SEC. 16C. The Commissioner of Food and Agriculture shall issue a certificate of registration for a dairy farm which, upon inspection made by him within thirty days prior to the date of issuance of such certificate, clearly indicates satisfactory compliance with the requirements as to milk standards and dairy farm inspection provided for in section 12. The certificates of registration for any given registration year shall be plainly distinguishable by color from those issued during immediately preceding years. Each dairy farm registered by the Commissioner of Food and Agriculture shall receive without cost a numbered certificate of registration which shall while in effect, be posted in a conspicuous place at all times on said farm. Each certificate of registration shall expire on the following June thirtieth. An annual application for renewal thereof shall be made to the Commissioner not later than the preceding May thirty-first on forms furnished by the Commissioner. If a certificate of registration is lost a duplicate copy may be obtained from the Commissioner of Food and Agriculture upon written application and at a cost of fifty cents each. The Commissioner of Food and Agriculture shall also from time to time renew a certificate of registration, provided that he has made, in the case of each renewal, at least two inspections of the dairy farm involved within one year prior thereto and has thereby determined that continuing compliance with the requirements of section 12 is being maintained. The Commissioner of Food and Agriculture may accept, as a basis for the issuance or renewal of certificates of registration, the inspection reports of milk inspectors within the Commonwealth with respect to farms inspected by them; provided that such reports certify that such farms maintain compliance with said requirements.

Any other provision of law to the contrary notwithstanding, in the case of farms located without the Commonwealth, the Commissioner of Food and Agriculture shall issue certificates of registration to farms that are certified to him as being in compliance with the requirements of section 12 by a state agency having authority similar to his in the state in which the farm is located, provided that said state agency is certified by the Public Health Service of the United States Department of Health, Education and Welfare as being qualified to participate in the National Conference on Interstate Milk Shipments, and provided further that said duly authorized state regulatory agency has first stipulated in writing to the Commissioner that it will, in the issuance and renewal of certificates of registration or like authorization under its own dairy farm inspection program, similarly accept inspection reports made by the Commissioner of Food and Agriculture with respect to farms located within the Commonwealth. The Commissioner of Food and Agriculture may, based upon reasonable information alleging violations by a dairy farm, of the regulations adopted pursuant to the provisions of section 12 of this chapter, cause an investigation to be made to determine the validity of the violations. If the Commissioner determines that the violation of the regulations constitutes a hazard to health on the basis of reasonable evidence, he

shall forthwith withdraw, pursuant to appropriate procedures, the registration of said dairy farm. He shall immediately notify the Department of Public Health of the alleged violations and the results of the subsequent investigation which he may have instituted.

If the dairy farm from which the registration has been withdrawn is located without the Commonwealth, the Commissioner may accept information for re-registration as provided for registration in this section or he may cause an inspection to be made by an investigator of his department to determine if said farm has been brought into compliance with the regulations.

SEC. 9. Section 16J of said Chapter 94 as amended is hereby amended by deleting the words, "milk regulation board" and inserting thereof, the words "Department of Public Health".

SEC. 10. Chapter 94, Section 16L of the General Laws, is hereby repealed and the following new section inserted in place thereof:

SEC. 16L. No person shall sell, exchange, deliver or have in his possession with intent to sell, exchange or deliver milk shipped into the Commonwealth from a milk plant, receiving station or pasteurization plent, unless said milk plant receiving station or pasteurization plant has been licensed by the Department of Public Health.

Whoever sells, exchanges or delivers or has in his possession with intent to sell, exchange or deliver milk shipped into the Commonwealth from a milk plant, receiving station or pasteurization plant, which has not been licensed by the Department of Public Health, shall be punished for a first offense by a fine of not less than five hundred nor more than one thousand dollars, for a second offense by a fine of not less than one thousand nor more than five thousand dollars or for a subsequent offense by a fine of five thousand dollars or by imprisonment of not less than six months.

The Department of Public Health may accept as a basis for licensing such plants located without the Commonwealth certification that said establishments are in compliance with the requirements of section 12 by a state agency having authority similar to it in the state in which said establishment is located, provided that said state agency is certified by the United States Public Health Service of the United States Department of Health, Education and Welfare as being qualified to participate in the National Conference on Interstate Milk Shipments.

SEC. 11. Said Chapter 94 is hereby further amended by striking out section 48D, inserted by section 8 of Chapter 757 of the Acts of 1955, and inserting in place thereof the following section:

SEC. 48D. No person shall blend milk and cream for sale except in an establishment holding a pasteurization plant license. Whoever violates any provision 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. 12. Sections 12A, 12B, 13, 13B, 13C, 16H, 16K, 17, 17A, 18, 19, 20, 21, 22, 23, 24, 46, 47, 48B, 48C, and 48E of said Chapter 94 are hereby repealed.

EXHIBIT 12-AN ACT TO AMEND THE UNIT PRICING

LAW

THE COMMONWEALTH OF MASSACHUSETTS

In the Year One Thousand Nine Hundred and Seventy-Five

AN ACT To amend the unit pricing law

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

SEC. 1. Section 115A of the General Laws is hereby amended by adding after the first sentence, the following new sentence:

The Council may, by regulation, require that unit prices shall appear in all places where item prices appear for packaged commodities regulated in accordance with this section.

EXHIBIT 13

THE COMMONWEALTH OF MASSACHUSETTS,

HOUSE OF REPRESENTATIVES,

State House, Boston, Mass., December 4, 1975.

The Honorable GEORGE MCGOVERN,

Chairman, Select Committee on Nutrition and Human Needs, U.S. Senate, Washington, D.C.

DEAR SENATOR MCGOVERN: This letter is in response to a request made by a member of your staff concerning the experiences of the Commonwealth's Legislative Commission on Food Marketing. Prior to any comments, I believe it first appropriate to specify the structure, genesis and objectives of the Food Commission.

In July 1974, Representative Peter Velis and I became very concerned about the operation of supermarkets and their consequent impact on consumers. It was a paramount concern to us because prices in general were rising and then falling, but to the best of our information, in the supermarket food prices only rose. In addition, our concern was compounded by re-pricing and by the advent of the universal product code system. To be sure we felt that the supermarket was in a state of flux and at best consumers would fare no better when all the dust had settled.

The Commission, once established by the General Court, and fully staffed with the Governor's appointees, undertook a large scale program of food hearings across the Commonwealth. The express intent of these hearings was to go out to the consumers and ask them about the problems, concerns and difficulties they experience in food markets. Scheduled hearings ranged across the state and included evening sessions to allow those who couldn't come during the working day.

Also invited to the food hearings were representatives from the industry so they could present their viewpoint on what was happening and express their concern and the extent to which they felt they were responsible.

At best, we found that the industry provided very little information of any value and at worst they mislead and kept uninformed the members of the Commission. It is very clear that the food retailing industry has no desire either to provide the public with a clear picture of what they do or reveal the basis for their pricing and marketing decisions. It is equally clear that this information is necessary if the public sector is to respond to the food industry and formulate public policy which serves both public and private domains.

The report which I have sent to you under separate cover portrays, in I believe abundant detail, the depth and commitment of the special Commission's desire to plumb internal operations and mechanisms of the food industry. Equally specific is the extent to which the industry was able to prevent the Commission from gathering such information. Being that as it may, the Commission nevertheless felt that legislation and similar steps were appropriate and was able to accumulate sufficient data to support such actions.

Specifically, the Commission felt that the milk industry, unit pricing, pre-ticketing of products and nutritional information would be

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