Use of Dead Lobsters for Food Purposes; Rapid Freezing of Live Lobsters

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[ Text of section effective until July 1, 2019. For text effective July 1, 2019, see below.]

  Section 77G. Whoever cooks, buys, sells, offers or exposes for sale, gives away, or knowingly delivers, transports, ships, or receives for food purposes any lobster, or similar species of crustacea, or any part thereof, which is uncooked and dead, or which was cooked after it was dead, shall be punished by a fine of not less than two hundred and fifty nor more than five hundred dollars, or by imprisonment for not less than ten nor more than sixty days, or both; provided, however, that it shall not be a violation of this section to cook, buy, sell, offer or expose for sale, give away or knowingly deliver, transport, ship or receive any lobster processed for food by a rapid freezing method, by a person who has been licensed or certified under this section, as hereinafter provided.

  The department of public health may license any person to process within the commonwealth live lobsters in the shell of legal length for food by a rapid freezing method approved by it. The department shall from time to time adopt rules and regulations governing the processing of such lobsters and the sanitary conditions required for the establishment of a person licensed hereunder.

  The department may certify any person engaged in processing outside the commonwealth live lobsters in the shell of legal length for food by a rapid freezing method; provided, that the board of health, or an officer or body having similar powers of the municipality, or other governmental unit wherein such lobster was so processed, certifies to the satisfaction of the department that such lobster was alive when processed and was processed under sanitary and healthful conditions.

  Each container of lobsters processed by a rapid freezing method shall bear a plainly marked label, which shall include the license number or name of the packer, and the date of the processing of said lobsters.

Chapter 94: Section 77G. Use of dead lobsters for food purposes

[ Text of section as amended by 2019, 41, Sec. 41 effective July 1, 2019. See 2019, 41, Sec. 111. For text effective until July 1, 2019, see above.]

  Section 77G. Whoever cooks, buys, sells, offers or exposes for sale, gives away, or knowingly delivers, transports, ships, or receives for food purposes any lobster, or similar species of crustacea, or any part thereof, which is uncooked and dead, or which was cooked after it was dead, shall be punished by a fine of not less than $250 nor more than $500, or by imprisonment for not less than 10 nor more than 60 days, or both; provided, however, that it shall not be a violation of this section to cook, buy, sell, offer or expose for sale, give away or knowingly deliver, transport, ship or receive any lobster or part thereof processed for food by a person who has been licensed or certified under this section, as hereinafter provided.

  The department of public health may license any person to process within the commonwealth lobsters in the shell of legal length for food by a method approved by it. The department shall from time to time adopt rules and regulations governing the processing of such lobsters and the sanitary conditions required for the establishment of a person licensed under this section.

  Each container of lobsters processed by a method as herein provided shall bear a plainly marked label, which shall include the license number or name of the packer, and the date of the processing of said lobsters.


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