ing water, shall be used therein which is spoiled or contaminated or which may render the product unwholesome, unfit for food, or injurious to health.

SEC. 13. No ingredient shall be used in any bakery product likely to deceive the consumer or which lessens its nutritive value without being plainly labeled, branded, or tagged, or having a sign making plain to the purchaser or consumer the actual ingredients: Provided, however, That in case of unwrapped bread to be sold by the loaf, such labeling, branding, or tagging shall be placed upon the same label, as hereinafter provided, which shows the name of the manufacturer and the net weight of the loaf. Said ingredients and the sale or offering for sale of said products shall otherwise comply with the provisions of chapter 2087 of the general acts of 1917.

SEC. 14. No bakery products, except as hereinafter provided, shall be returned from any consumer or other purchaser to the dealer or baker, nor from any dealer to the baker, and no baker or dealer shall directly or indirectly accept any returns or make any exchange of bakery products from any dealer, restaurant or hotel keeper, consumer, or other person. All such products shall be kept moving to the consumer without unreasonable delay and without any exchange, return, or practice whatsoever which may disseminate contamination or disease or inflict fraud upon them, among consumers, or disseminate "rope," so called, or other infection in bakeries, or which may cause waste in the food supply: Provided, That this section shall not apply to crackers or other bakery products which are packed at the place of production in cartons, cans, boxes, or similar permanent containers, and which are so packed and sealed at such place as fully to insure their freshness and wholesomeness and protect them from contamination, ́adulteration, and deterioration in the course of trade, and which remain in the original unbroken package as packed, except in so far as may be necessary to prevent waste in the food supply: And provided further, That "permanet containers" shall not be construed to include the paper or parchment wrappers used in wrapping loaves of bread.

SEC. 15. The department of public health may, by rule, establish such exemptions as may be necessary to facilitate the sale of any accumulated or unsold stocks of wholesome bakery products, and in other cases not inconsistent with the purposes of this act.

*

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SEC. 18. If, after inspection, it is found that a bakery is not constructed, maintained, operated, or the distribution of its products not conducted in accordance with this act, notice in writing shall be given to the owner or manager, stating the delinquency, and fixing a reasonable time within which the same shall be remedied and for a hearing to any party in interest.

SEC. 19. In case a bakery is unfit for the production and handling of food or dangerous to the health of its employees, the department of public health or local board of health may order it closed: Provided, That any aggrieved person or corporation shall have the right to be heard before said department, or board, as the case may be, and shall also have a right of appeal, before or after the execution of such order, but within 30 days of its issuance, to the superior court.

SEC. 20. Within 60 days after the taking effect of this act, every bakery in the commonwealth shall be registered with the board of health of the city or town in which it is situated. The registration shall show its situation, including street and number, and its ownership. The board shall forthwith report such registration to the department of public health. No fee shall be charged for such registration.

7 Supplement 37 to Public Health Reports, p. 212.

SEC. 21. No new bakery shall be established unless the building plans and equipment proposed to be used have been approved by the board of health of the city or town. Said board shall refuse a permit to such bakery if the building and equipment do not comply with the provisions of this act and the rules and regulations made hereunder: Provided, however, That any party in interest shall have the right of appeal to the department of public health or to the superior court. Said department or court may affirm, reject or modify the findings of the board, and the said board shall thereupon proceed in accordance with the order of the court or department.

SEC. 22. Violation of any provision of this act, or of any rule or regulation adopted hereunder, shall be punished by a fine of not more than $100.

SEC. 23. Sections 3 to 7, inclusive, of chapter 57 of the Revised laws, as amended by chapter 197 of the acts of 1908, by chapter 191 of the acts of 1909, and by chapter 157 of the General Acts of 1916, sections 28 and 31 of chapter 75 of the Revised Laws, and chapter 258 of the General Acts of 1915, are hereby repealed.

8

Bakeries and Bakery Products-Sanitation and Regulation. (Reg. Dept. of Pub. H., 1920.)

REGULATION 1. All bakery products sold within this Commonwealth shall have been prepared in bakeries conforming with the provisions of this act [chapter 418 of Acts of 1920] and with the regulations made thereunder.

REG. 2. The provisions of section 2 of this act, empowering the boards of health of cities and towns to enforce its provisions and these regulations under the supervision of the department of public health, shall apply to all sections except section 4, section 16, section 17; that part of section 3 relating to employees' wash sinks and toilets, except direct connection of said toilets with bakery; and that part of section 19 relating solely to health of employees; but said boards shall act under said section 19 on all complaints received thereunder from the department of labor and industries relating solely to the health of the employees.

REG. 3. The boards of health of all cities and towns, themselves or by their officers or agents, shall inspect no less than twice a year each bakery engaged in the manufacture of bakery products under their jurisdiction, and shall make a record of each such inspection upon a form devised by the department of public health.

The said boards shall, on or before the 15th of each month, make a report to the department of public health, stating the number of bakeries inspected, a summary of the defects found, and the number and character of notices sent under the provisions of section 18, together with the names and addresses of the bakeries involved. If no report is received by the department of public health, said department may assume that no inspection has been made during the preceding month.

Duplicate copies of all notices of hearings sent under the provisions of section 18 shall be submitted to the lepartment of pu lic health, and said department, by its officers or agents, may be present, and if so requested by the board of health shall be present at such hearings.

Duplicate copies of all notices sent under the provisions of section 19, ordering bakeries to be closed, shall be sent to the department of public health.

Boards of health shall, upon request, receive assistance from the department of public health for the enforcement of any provisions of this act.

8 Reprint 338 from Public Health Reports, p. 276.

REG. 4. The construction, drainage, and plumbing in bakeries shall be in accordance with such local regulations as may be adopted, provided that such local regulations are not inferior to such minimum regulations as may hereafter, from time to time, be adopted by the department of public health.

REG. 5. The floors of all bakeries shall be constructed of a smooth, impervious substance, easily cleaned or flushed and, if connected with a sewer or cesspool, shall be so done to the satisfaction of the board of health.

Walls and ceilings of all bakeries shall be tightly jointed; and walls and ceilings shall not be covered with paper nor with any substance which requires paste or glue, or which can not be thoroughly cleaned.

REG. 6. All shelves, racks, bins, or other facilities used for the storage of bakery products and ingredients used therein shall be so constructed that they may be easily cleaned. The tables, mixing stands, and troughs used in the preparation of bakery products shall be constructed of smooth, impervious material, and so constructed that they can be easily and thoroughly cleaned. All apparatus used in the manufacture of bakery products must be kept clean.

REG. 7. All toilets shall be screened; all screen doors shall be self-closing and shall open outward. The rooms where bakery products are prepared, kept, and displayed shall be kept free from flies.

REG. 8. No flour or material contained in sacks used in the manufacture of bakery products shall be placed upon any floor below the level of the street unless such flour or material is stored on portable wood or metal platforms or racks raising such flour or material at least 4 inches above such floor, and such platforms or racks shall be kept in a clean and sanitary condition.

REG. 9. No room used for domestic purposes shall have direct connection with a bakery.

REG. 10. The proprietor of every bakery shall report to the local board of health any suspicions he may entertain of the presence of any contagious disease or ailment dangerous to the public health among the persons working in or connected with his bakery, or any suspicions he may entertain of the exposure of any of said persons to said diseases. The local board of health shall immediately, upon receipt of said report, cause an examination to be made under the provisions of section 8 of this act.

REG. 11. Whenever the board of health of a city or town suspects or has received information that any persons working in or connected with the bakery have been exposed to a disease or ailment referred to in section 7 of this act, said board shall immediately cause an examination to be made as provided in section 8.

REG. 12. The board of health of a city or town having reason to suspect the presence of any disease specified in section 7 of this act, in a bakery selling bakery products within the jurisdiction of said board of health, but not located within said jurisdiction, shall immediately notify the department of public health of its suspicions, giving all available information, and the department of public health shall immediately make such examinations as it may deem necessary.

REG. 13. Smoking or chewing, or other use of tobacco, is prohibited in any part of a bakery where the actual preparation or production of bakery products is being carried on.

REG. 14. Every owner or proprietor of a bakery shall provide a suitable, properly covered, metal, water-tight receptacle for garbage and other waste material of the business. Every such receptacle shall be emptied frequently and shall be cleaned after such emptying.

REG. 15. Whenever an emergency occurs such as will require the return of bakery products, the person desirous of returning said products shall apply to the board of health of the city or town where the bakery is situated for permission to return said products. The board of health granting the permit shall immediately notify the department of public health by mail of its action. The department of public health may, if so requested, grant such permission to return bakery products, and shall immediately notify the local board of health by mail of its action. This permission in either case may be arranged for by telephone subject to confirmation in writing within 24 hours.

REG. 16. The following form of notice shall be used under the provisions of section 18:

DEAR SIR: In accordance with the provisions of section 18 [of chapter 418] of the Acts of 1920, your attention is called to a violation of section of said act (or of regu

—————

lation

made under the provisions of said act), as follows: Section (or regulation)-is as follows: [Copy section or regulation.]

Note. In accordance with regulation 3, a copy of this notice must be sent to the department of public health.

REG. 17. The form of notice sent under the provisions of section 19, ordering a bakery to be closed, shall be as follows:

DEAR SIR: Your bakery is hereby ordered closed in accordance with the provisions of section 19 of chapter 410 [418] of the Acts of 1920, as follows:

SECTION 19. In case a bakery is unfit for the production and handling of food or dangerous to the health of its employees, the department of public health or local board of health may order it closed: Provided, That any aggrieved person or corporation shall have the right to be heard before said department or board, as the case may be, and shall also have a right of appeal, before or after the execution of such order, but within 30 days of its issuance, to the superior court.

Note. In accordance with regulation 3, a copy of this notice must be sent to the department of public health.

REG. 18. Bakeries shall register in duplicate on or before October 3, 1920, with the board of health of the city or town where the bakery is located. Said registration shall be on forms furnished the local boards of health by the department of public health.

Local boards of health shall file with the department of public health once each week one copy of every such registration received during the seven days preceding.

REG. 19. If a bakery now existent shall change ownership, a new registration shall be made on a form as prescribed in regulation 18 before work begins under the new management.

REG. 20. No new bakery shall be established in a basement except with the consent of the local board of health. If the products of said bakery, however, are to be sold in other cities or towns than that where the bakery is located, said board of health shall obtain the consent of the department of public health before granting permission to open said bakery.

REG. 21. No new bakery shall be opened until it has been registered upon a form so provided under section 20 and the regulations made thereunder.

REG. 22. Boards of health of cities and towns shall notify the department of public health of each application received for the operation of a new bakery as soon as such application is received. Copies of applications and plans submitted to local boards of health shall be opened [sic] to the inspection of all officers or agents of the department of public health. They shall immediately notify the department of public health of their action upon each such application.

REG. 23. All inspectors shall carry proper credentials, which shall be presented upon request before beginning an inspection of a bakery. All inspectors,

officers, and agents of the department of public health and of local boards of health have authority under the statutes to inspect bakeries at all reasonable hours.

REG. 24. The terms "board of health" or "local board of health" used in these regulations shall mean the board of health or department of health of a city or town. The term "this act" shall mean chapter 418 of the acts of 1920. Liquor-Analyses of, by State Department of Public Health. (Ch. 29, Act Feb. 13, 1920.)

The department of public health may decline to make analyses of liquor submitted under the provisions of chapter 110 of the Acts of 1902 or of chapter 484' of the Acts of 1914, unless the department is satisfied that the analysis is to be used in connection with the enforcement of the laws of the Commonwealth.

(Ch. 81, Resolve

Bovine Tuberculosis-Study of, by Special Commission.

June 2, 1920.)

Resolved, That the commissioner of agriculture, the commissioner of conservation, and the director of animal industry are hereby constituted a special unpaid commission to study the subject of the control and eradication of tuberculosis in bovine animals and the reimbursement of the owners of tuberculous animals killed by public authority. The commission shall report to the next general court not later than the second Wednesday in January with such recommendations as it may deem expedient and with drafts of any proposed legislation.

Cattle Destroyed Because Tuberculous-Payments to Owners Increased. (Ch. 470, Act May 18, 1920.)

Section 6 of chapter 90 of the Revised Laws is hereby amended by striking out the word "forty," in the eighteenth line, and substituting the word “sixty.” Births, Deaths, and Marriages for Certain Years—Preparation of Indexes of. (Ch. 44, Resolve May 12, 1920.)

Resolved, That there may be allowed and paid out of the treasury of the Commonwealth a sum not exceeding $12,590, to be expended under the direction of the secretary of the Commonwealth in the preparation of indexes of births, marriages, and deaths for the years 1914 to 1918, inclusive; but this sum shall not be available until appropriated by the general court.

Town Records of Births, Deaths, and Marriages Prior to 1850—Purchase and Distribution of Printed Copies by the Secretary of State. (Ch. 562, Act May 28, 1920.)

SECTION 1. Whenever the record of the births, marriages, and deaths, previous to the year 1850, of any town in Commonwealth, shall be printed and verified in the manner required by the supervisor of public records and the division of public libraries in the department of education, acting jointly, and the work shall appear to them to have been done with accuracy, the secretary of the Commonwealth shall purchase 500 copies of the record at a price not exceeding 1 cent per page: Provided, That the written copy of the town records shall become the property of the Commonwealth, and shall be deposited in the office

• Reprint 279 from Public Health Reports, p. 82.