MASSACHUSETTS

Gen. Laws, 1921, Vol. 1, ch. 23, p. 92.

Sec. 1, as amended by Acts, 1921, ch. 306, sec. 1. Department of labor and industries.-There shall be a department of labor and industries, under the supervision and control of a commissioner of labor and industries, in this chapter called the commissioner, an assistant commissioner, who shall be a woman, and three associate commissioners, one of whom shall be a representative of labor and one a representative of employers of labor.

Sec. 3, as amended by Acts, 1921, ch. 306, sec. 2. Commissioner; certain duties. The commissioner shall be the executive and administrative head of the department. He shall have charge of the administration and enforcement of all laws, rules and regulations which it is the duty of the department to administer and enforce, and shall direct all inspections and investigations except as otherwise provided. He shall organize in the department a division of standards and such other divisions as he may from time to time determine, and may assign the officers and employees of the department thereto. He shall prepare for the consideration of the assistant commissioner and the associate commissioners rules and regulations for the conduct of the department and all other rules and regulations which the department is authorized by law to make, and they shall, except as otherwise provided, take effect when approved by the associate commissioners and the assistant commissioner, or upon such date as they determine. The commissioner may designate the assistant commissioner or an associate commissioner to discharge the duties of the commissioner during his absence or disability.

Sec. 4, as amended by Acts, 1924, ch. 119, p. 78. Directors; other appointees.-The commissioner, assistant commissioner and associate commissioners may, with the approval of the governor and council, appoint, and fix the salaries of, not more than five directors, and may, with like approval, remove them. One of them, to be known as the director of standards, shall have charge of the division of standards, and each of the others shall be assigned to take charge of a division.

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Sec. 5 (a1919). Certain requirements as to officers and employees.-All directors, inspectors and other permanent employees of the department shall devote their whole time to the affairs of the department; and all directors and inspectors and such other employees as may be designated by the commissioner shall, before entering upon their duties, be sworn to the faithful performance thereof. The number of inspectors heretofore authorized by law may be increased only with the approval of the governor and council. The commissioner, assistant commissioner and associate commissioners shall determine from time to time how many of the inspectors employed shall be women.

Sec. 8 (1919). Duties of the director of standards.-The director of standards shall, in addition to the powers and duties conferred and imposed upon him by law, perform such other duties as may be assigned to him by the commissioner.

Sec. 9, as amended by Acts, 1924, ch. 259, p. 242. Inspectors of standards. Inspectors of standards appointed under section four shall give bond for the faithful performance of their duties.

Gen. Laws, 1921, Vol. 1, ch. 98, p. 959.

Sec. 1 (a1919). Definitions.-In this chapter the following words, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:

"Director," director of standards of the department of labor and industries.

"Deputy," deputy sealer of weights and measures. "Inspector," inspector of standards.

"Sealer," sealer of weights and measures.

"Weighing or measuring device," all weights, measures, scales, balance beams, vibrating steelyards, and weighing or measuring devices used for weighing or measuring any commodity bought, sold or exchanged or for hire or reward, computing scales and other devices having a device for indicating or registering the price as well as the weight or measure of a commodity offered for sale, taximeters and other forms of measuring devices used upon vehicles for determining the cost of transportation; and all machines and other forms of measuring devices used or intended to be used for determining the measurement of leather bought, sold or offered for sale.

Sec. 2 (1894). Relation of avoirdupois to troy pound.-The avoirdupois pound shall bear to the troy pound the relation of seven thousand to five thousand seven hundred and sixty. The hundredweight shall contain one hundred avoirdupois pounds, and the ton twenty hundredweight.

Sec. 3 (a1920). State standards.-The following weighing and measuring devices now in the custody of the director shall be the sole authorized standards, except as provided in sections four, nine and ten of this chapter, and in section one of chapter ninety-nine, and with the standards supplied under authority of said sections shall be called the State standards: A set of dry measures consisting of one half-bushel, eight, four, two and one quarts, one pint and one half-pint; a set of liquid measures consisting of one gallon, two and one quarts, one pint, two and one gills; a set of apothecaries' liquid measures consisting of one gallon, four, two and one pints, twelve, eight, six, four, three, two and one ounces, four, two and one drams, ten and five minims; a set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, eight, six, four, three, two and one ounces, eight, six, four, three, two and one drams; a set of troy weights consisting of five thousand, three thousand, two thousand, one thousand, five hundred, three hundred, two hundred, one hundred, fifty, thirty, twenty, ten, five, three, two and one pennyweights, ten, six, five, four, three, two and one grains, one half a grain, twelve, ten, six, five, four, three, two, and

one ounces, five tenths, four tenths, three tenths, two tenths, one tenth, five one-hundredths, four one-hundredths, three one-hundredths, two one-hundredths, one one-hundredth, five one-thousandths, four one-thousandths, three one-thousandths, two onethousandths, one one-thousandth, five ten-thousandths, four tenthousandths, three ten-thousandths, two ten-thousandths, and one ten-thousandth of an ounce; a set of apothecaries' weights consisting of twelve, six, two and one ounces, four, two and one drams, two and one scruples, ten, five, four, three, two and one grains, one half, one quarter and one tenth grains; a yard measure and three sets of balances.

Such standards shall be kept by the director, and he shall, at least once in five years, cause them to be compared with the standards of the United States Government, and, if necessary, corrected to agree therewith.

Sec. 4. Weights, etc., to be replaced, when; additional State standards. The State standards shall also include all weighing and measuring devices received from the United States under the resolution of Congress approved June fourteenth, eighteen hundred and thirty-six, and all other weighing and measuring devices received from the United States as standard weights and measures, and such as have been or shall be supplied by the Commonwealth and certified by the National Bureau of Standards. Weighing and measuring devices procured to replace the standards shall be preserved in the same form and of the same dimensions as required of said standards, and the denominations thereof shall be marked thereon.

Sec. 5. Municipal standards.-Towns shall keep the following standard weights, measures and balances: A set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, two and one pounds, and eight, four, two, one, one half, one quarter, one eighth and one sixteenth ounces; a set of dry measures consisting of one half-bushel, one eight-quart, one four-quart, one two-quart, one one-quart, one pint and one half-pint; a set of liquid measures consisting of one gallon, one half-gallon, one quart, one pint, one halfpint and one gill; one balance; one yard measure; and each town hereafter incorporated shall be furnished by the director with a complete set of the foregoing standards. Each city and each shire. town shall keep the meter and kilogram and the standard troy weights designated by the director.

Sec. 6 (a1909). Safe keeping of town standards.-Town treasurers shall, at the expense of the towns, provide therein accessible places for the safe and suitable keeping and preservation of the standards furnished by the Commonwealth, which shall be used only as standards. The treasurer shall have the care and oversight thereof; shall see that they are kept in good order and repair; and if any are lost, destroyed or irreparably damaged, shall, at the expense of the town, replace them by similar standards. Towns may effect insurance on such standards for their own benefit.

Sec. 7 (a1897). Penalty for neglect of town treasurer.-Every such treasurer who neglects to provide a suitable place for keeping such standards, or to keep them in good order and repair, or who suffers any of them through his neglect to be lost, damaged or destroyed, shall forfeit two hundred dollars.

Sec. 8 (a1816). Vibrating steelyards.-Vibrating steelyards may be used if each beam and the poises thereof are annually tried, proved and sealed by a sealer or deputy.

Sec. 9 (1917). State clinical standard thermometer.-A clinical standard thermometer supplied by the Commonwealth and certified by the National Bureau of Standards for use by the Commonwealth, shall be the State clinical standard thermometer. Nothing in the five following sections shall be construed as adopting or authorizing the adoption of any particular scale as the thermometer standard for this Commonwealth.

Sec. 10 (a1919). Office clinical standard thermometer.-The Commonwealth shall also supply additional clinical standard thermometers necessary to carry out sections nine to fourteen, inclusive, to be known as office clinical standards. Such thermometers shall be verified by the director upon their receipt and at least once in each six months thereafter, by direct comparison with the State clinical standard thermometer. The office clinical standards may be used in making comparisons of clinical thermometers under test.

Sec. 11. Tolerances, etc., for clinical thermometers.-The director shall promulgate tolerances and specifications for clinical thermometers. A correct clinical thermometer shall be one conforming to the standard established as provided in section nine and to specifications promulgated under this section, within such tolerances.

Sec. 12 (a1921). Testing of clinical thermometers.-The director may at any time inspect and test any clinical thermometer in the possession of any manufacturer or dealer in this Commonwealth and for this purpose may remove the same to such place as he may deem most convenient. Whenever he inspects and tests such a thermometer and finds it to be correct he shall seal, mark or otherwise certify it as correct. Whenever he inspects and tests such a thermometer and finds it to be incorrect he may condemn, seize and destroy it; or he may return it to the owner upon a satisfactory guarantee that it will not be sold or used. The following fees for testing clinical thermometers shall be paid to the director for the use of the Commonwealth: (a) One to eight thermometers, inclusive, twenty-five cents for the first and ten cents for each additional one; (b) any number from nine to eleven, inclusive, total fee one dollar; (c) one dozen to six dozen, inclusive, one dollar per dozen; (d) more than six dozen and not more than twelve dozen, seventy-five cents per dozen; (e) more than twelve dozen, sixty cents per dozen.

Sec. 13. Sealing by manufacturer.-The director shall prescribe rules and regulations governing the manufacture and sale of clinical thermometers and may authorize the sealing of such thermometers by any manufacturer thereof upon his agreement to conform to said rules and regulations and the filing of a surety bond in such sum and upon such terms as the director may require. When representative samples of any clinical thermometer have been submitted by the manufacturer to the director and approved by him, he shall assign a designating mark which shall thereafter be permanently engraved by the manufacturer upon all clinical thermometers which are intended for sale and which conform to the samples which have been so approved. Clinical thermometers sealed by the manufacturer shall be marked with the name, initials or trade mark of the

manufacturer, and with such other marks as the director may authorize or require. The director may revoke the authority given by him to any manufacturer under the provisions of this section upon proof that the authorized seal or designating mark has been affixed to a thermometer not conforming to the approved sample or that the prescribed rules and regulations have not been complied with.

Sec. 14. Penalty for sale of unsealed, etc., clinical thermometers.Whoever, himself or by his servant or agent, or as the servant or agent of another person, keeps for the purpose of sale, offers or exposes for sale, or sells any clinical thermometer not sealed, marked or certified as correct by the director, or by the manufacturer as provided by the preceding section, shall be punished by a fine of not more than ten dollars for each thermometer so sold, or kept, offered or exposed for sale, and whoever violates any rule or regulation prescribed by the director under authority of said section shall be punished by a fine of not more than fifty dollars.

Sec. 15 (a1920). Sealing of glass milk bottles or jars.-Glass bottles or jars used for the distribution of milk or cream to consumers, and holding, when filled to a level with the bottom of the cap or stopple or other definite filling point, not less than three ounces and seven drams and not over four ounces and two drams; not less than seven ounces and six drams and not over eight ounces and two drams; not less than fifteen ounces and five drams and not over sixteen ounces and four drams; not less than thirty-one ounces and four drams and not over thirty-two ounces and four drams; not less than forty-seven ounces and three drams and not over forty-eight ounces and five drams; not less than sixty-three ounces and two drams and not over sixty-four ounces and six drams, shall be sealed as measures under section forty-one or by the manufacturer. Dealers in milk or cream using glass bottles or jars for the distribution of milk or cream to consumers, not sealed by the manufacturer, shall bring them into the office of the sealer in their town, to be sealed; but no fee shall be charged or received for sealing them. If a bottle or jar has once been sealed by a sealer or manufacturer, it need not be sealed again while used for the distribution of milk or cream to consumers. Glass bottles or jars sealed hereunder shall be legal measures only for the distribution of milk or cream to consumers. Bottles or jars sealed by the manufacturer shall be marked with his name, initials, or trade mark, and by any other mark required by the director. The sealing of such bottles or jars by the manufacturer shall not affect any law relating to the giving of false measure or the using, or having in possession, of false measures with intent to use the same. The director, on approval by the commissioner of labor and industries may revoke the authority given by him to any manufacturer under this section, on proof that the authorized seal or designating mark has been affixed to any bottle or jar not conforming to the respective capacities provided for in this section.

Sec. 16 (1910). Sealing of paper or fibre milk bottles.-Paper or fibre bottles and jars used for the distribution of milk or cream to consumers, and holding, when filled to a level with the bottom of the cap or stopple, not less than eight, sixteen, thirty-two, forty-eight or sixty-four ounces, shall be sealed as measures under section forty

517-26-23