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Ex. DUT-MA-008 Standing duty Primary source read

G.L. c. 111, s. 127A

State sanitary code; adoption; enforcement; jurisdiction

General Court (codified statute; State Sanitary Code adopted by the Department of Public Health and enforced by boards of health) · Massachusetts (State)

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The record

Jurisdiction
Massachusetts
Level
State
Authority
Massachusetts General Laws, Part I, Title XVI, Chapter 111
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • owners or persons in control of premises; food establishments and other regulated premises open to the public
Character
sanitary code duty
Collection
Standing duties: Massachusetts DUT-MA

Operative words

Said department shall adopt, and may from time to time amend, public health regulations to be known as the state sanitary code, which may provide penalties for violations thereof not exceeding five hundred dollars for any one offence... Said code shall become effective and have the force of law upon filing with the state secretary or at such later date as may be specified by the department.

Penalty

Up to $500 for any one offence (higher penalties for medical-waste violations); enforcement in the district court with a speedy trial

What it required

The State Sanitary Code (including 105 CMR 590.000, minimum sanitation standards for food establishments) has 'the force of law'; it deals with 'matters affecting the health and well-being of the public' including 'sanitation standards for food service establishments'; boards of health enforce it, and the section preserves each board's right 'to adopt such rules and regulations as, in its opinion, may be necessary for the particular locality.'

Retrieval note

Cited by the Supreme Judicial Court in Desrosiers as part of the Public Health Act ('127A (adoption and enforcement of State sanitary code)') (DUT-MA-020).