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CHAPTER 75.

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SECTIONS 110--128. Pollution of Water Supply and its Sources.

SECTIONS 129-133. — Quarantine.

SECTIONS 134-137.- Vaccination.

SECTIONS 138-139.- General Provisions.

STATE BOARD OF HEALTH.

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SECTION 1. There shall be a state board of health consisting 2 of seven persons, one of whom shall annually be appointed by the 3 governor, with the advice and consent of the council, for a term 4 of seven years.

state board of 1, 420, § 1.

health.

1879, 291, § 2.

18-6, 101, § 1. 136 Mass. 578.

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SECTION 2.

Meetings and

report.

Said board shall hold meetings at least once in each 2 month, shall make its own by-laws and shall annually, on or before 3 the thirty-first day of December, make a report to the governor 4 and council for the year ending on the preceding thirtieth day of 1886, 101, § 2. 5 September.

1969, 420, §§ 2, 3. 79, § 3.

1879, 291, 7.

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1886, 3.

SECTION 3. Said board shall elect a secretary, who shall be secretary. 2 the executive officer and shall hold office during the pleasure of 1,420, § 53 the board. He shall, as directed by it, perform or superintend the 1889, 370. 4 work prescribed by law for the board and all other duties required 5 by it. He shall not be ex-officio a member of the board, but the 6 board may elect one of its members secretary pro tempore and such 7 member may, in the absence or disability of the secretary, perform 8 his duties. The secretary shall receive from the commonwealth an 9 annual salary of three thousand dollars and his necessary travelling 10 expenses incurred in the performance of his official duties. No 11 member of the board shall receive any compensation; but the actual 12 personal expenses of any member while engaged in his official 13 duties, audited by the board, shall be paid by the commonwealth.

duties of

1869, 420, § 2.

1882, 263, § 5.

1 SECTION 4. Said board shall take cognizance of the interests of Powers and 2 health and life among the citizens of the commonwealth, make sani- board. 3 tary investigations and inquiries relative to the causes of disease, 1879, 291, 83. 4 and especially of epidemics, the sources of mortality and the effects RS. 50, $1 5 of localities, employments, conditions and circumstances on the 16, 101, § 4. 6 public health, and relative to the sale of drugs and food and the 1894, 355. 7 adulterations thereof; and shall gather such information relative 125 Mass. 189. 8 thereto as it considers proper for diffusion among the people. It 9 shall advise the government relative to the location and other san

1888, 375, § 1.

1897, 510, § 1.

Same subject. 1882, 263, §§ 5, 7. 1884, 289, § 3. 1885, 352, § 5.

Expenditures authorized. 1882, 263, § 5. 1883, 263, § 1. 1884, 289, § 1. 1891, 319.

Report of
prosecutions
and expendi.
tures.
1884, 289, § 2.

Investigation
of contagious
diseases.
1879, 291, § 6.
P. S. 80, § 2.

itary conditions of any public institutions; and shall have oversight 10
of inland waters, sources of water supply and vaccine institutions. 11

SECTION 5. In the performance of its duties relative to the sale 1 of drugs and food it may appoint inspectors, analysts and chemists, 2 and may remove them. Such inspectors shall have the same power 3 and authority relative to drugs and food as is given by sections 4 twenty-two and thirty-three of chapter fifty-six, relative to milk, to 5 the inspectors named therein. Whoever hinders, obstructs or in 6 any way interferes with any such inspector, analyst or other officer 7 appointed under the provisions of this section, while in the per- 8 formance of his official duty, shall be punished by a fine of not 9 more than fifty dollars for the first offence and of not more than one 10 hundred dollars for each subsequent offence.

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SECTION 6. The state board of health may annually expend not 1 more than eleven thousand five hundred dollars for the enforcement 2 of the provisions of sections sixteen to twenty-six, inclusive; but 3 not less than three-fifths of said amount shall be annually expended 4 for the enforcement of the laws against the adulteration of milk 5 and milk products.

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SECTION 7. Said board shall annually report to the general 1 court the number of prosecutions made under the provisions of 2 sections sixteen to twenty-six, inclusive, and an itemized account 3 of the money expended in carrying out the provisions thereof. 4

SECTION 8. If smallpox or any other contagious or infectious 1 disease dangerous to the public health exists or is likely to exist in 2 any place within the commonwealth, the state board shall make an 3 investigation thereof and of the means of preventing the spread 4 of the disease, and shall consult thereon with the local authorities. 5 It shall have co-ordinate powers as a board of health, in every 6 city and town, with the board of health thereof, or with the mayor 7 and aldermen of a city or the selectmen of a town in which there is 8 no such board.

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CITY AND TOWN BOARDS OF HEALTH.

Boards of

health in cities.

SECTION 9. In each city except Boston the board of health 1 1849, 211, §§ 1, 2. shall consist of three persons, one of whom shall be a doctor of 2

G. S. 26, 2.

1877, 133, § 1.
P. S. 80, §§ 4, 8.
1894, 174.
1895, 332.

172 Mass. 417.
173 Mass. 338.

medicine and no one of whom shall be a member of the city council. 3
Unless a different mode of appointment or election is provided in 4
the city charter, one member shall annually in January be appointed 5
by the mayor, subject to confirmation by the board of aldermen, for 6
a term of three years next succeeding the first Monday in February, 7
and if appointed under the provisions of this section, may be re- 8
moved by the mayor for cause and vacancies shall be filled by ap- 9
pointment for the residue of the unexpired term. Members of the 10
board shall receive such compensation as the city council may de- 11
termine. Boards of health in towns shall be chosen as provided in 12
section three hundred and thirty-four of chapter eleven.

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Boards of organ

SECTION 10. Every such board shall organize annually by the 1 ization, physi- choice of one of its number as chairman. It may appoint a physi- 2 cian to the board, who shall hold his office during its pleasure, 3

cian, etc. 1816, 44, § 7.

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G. S. 26, §§ 3, 4. P. S. 80, §§ 5, 6, 9, 10.

1877, 133, §§ 2, 3.

4 may choose a clerk who in a city shall not be a member of the R. S. 21, $$ 3, 4. 5 board and may employ the necessary officers, agents and assist6 ants to execute the health laws and its regulations. It may fix 7 the salary or other compensation of such physician and of its clerk 8 and other agents and assistants, but the amount of such compensa9 tion shall not exceed the appropriation therefor. It may make rules 10 and regulations for its own government and for the government of 11 its officers, agents and assistants.

- annual reports.

P. S. 80, 11.

1 SECTION 11. In each city such board shall annually, in January, 2 make a full and comprehensive report to the city council of its acts 1877, 133, § 4. 3 during the preceding year and of the sanitary condition of the city. 4 It shall also, if the city council or the standing committee thereof 5 on finance so requires, send to the auditor of the city an estimate 6 in detail of the appropriation required by its department for the 7 next financial year.

annual report of deaths.

1 SECTION 12. The board of health in towns which have according 2 to the latest census more than five thousand inhabitants shall send 1897, 428, § 2. 3 an annual report of the deaths in such town to the state board of 4 health upon forms to be prescribed by said state board.

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SECTION 13. The board of health in a city or town may appoint Agents of 2 an agent to act for it in cases of emergency or if it cannot be con- 1866, 271. 3 veniently assembled; and such agent shall have all the authority P. S. 80, § 16. 4 which the board appointing him had; but he shall in each case

1879, 75.

5 report his action to the board within two days for its approval, and 6 shall be directly responsible to it and under its direction and con7 trol. An agent who is appointed to make sanitary inspections may 8 make complaint of violations of any law, ordinance or by-law rela9 tive to the public health in a city or town.

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lations.

is

SECTION 14. The board of health of a town shall publish all Notice of regu. 2 regulations made by it in a newspaper of its town, or, if there 1816, 44, §§ 3, 11. 3 no such newspaper, shall post them up in a public place in the 4 town. Such publication or posting shall be notice to all persons.

R. S. 21, § 8.

G. S. 26, 6.

P. S. 80, § 19. 98 Mass. 443.

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cases.

SECTION 15. The board of health of a city or town shall, to Retention of 2 the exclusion of the overseers of the poor, retain charge of any 1874, 121, § 1. 3 case arising under the provisions of this chapter in which it shall P. S. 80, $17. 4 have acted.

ADULTERATED DRUGS AND FOOD.

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SECTION 16. No person shall manufacture, offer for sale or sell, 2 within this commonwealth, any drug or article of food which 3 adulterated within the meaning of section eighteen.

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SECTION 17. The term "" drug" as used in sections sixteen to 2 twenty-six, inclusive, shall include all medicines for

Drugs and

1882, 263, § 2.

internal or food defined. 3 external use, antiseptics, disinfectants and cosmetics. The term 1886, 171. 4 "food" as used therein shall include all articles, simple, 5 compound, used in food or drink by man.

1897, 344, § 2.

mixed or

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