Massachusetts General Laws Part I. Administration of the Government (Ch. 1-182) Ch. 128, § 124

(a) As used in this section, the following words shall have the following meanings unless the context otherwise requires:-

“Farm”, lands that are used by a person for farming or agriculture as defined in section 1A.

“Federal act”, the FDA Food Safety Modernization Act, Public Law No. 111-353, as amended.

“Federal standards”, the standards adopted under the federal act for the growing, harvesting, packing and holding of produce for human consumption as set forth in 21 C.F.R. 112, as amended.

“Produce”, produce as defined in 21 C.F.R. 112.3, as amended.

“Produce farm”, any farm engaged in the growing, harvesting, packing or holding of produce.

(b) The department may enforce the federal standards in the commonwealth. The department may consult, collaborate and enter into cooperative agreements with the department of public health regarding application and enforcement of the federal act.

(c) (1) The department may enter upon and inspect a produce farm during reasonable hours to ensure compliance with the federal standards or, pursuant to paragraph (2), comparable state standards applicable to produce not meeting the definition of covered produce under 21 C.F.R. 112.3, as amended. The commissioner may promulgate regulations as may be necessary to implement this paragraph.

(d) The department may issue reasonable orders necessary to effectuate the purposes of this section including, but not limited to, orders for the embargo, destruction, quarantine and release of produce. The commissioner may promulgate regulations as may be necessary to implement this subsection.

(e) The operator of a produce farm shall maintain records required by the federal act and rules adopted thereunder and shall make those records available to the department upon request.