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Massachusetts. Coinmissioners for consolidating and

the public statutes
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TITLE XIV.

OF THE POLICE POWER OF THE COMMONWEALTII.

CHAPTER 75.- Of the Preservation of the Public Health.

CHAPTER 76. - Of the Registration of Physicians, Surgeons, Pharmacists and

Dentists.

CHAPTER 77. – Of the Promotion of Anatomical Science.

CHAPTER 78. Of Cemeteries and Burials.

CHAPTER 79. — Of State and Military Aid and Soldiers' Relief.

CHAPTER 80. Of the Settlement of Paupers.

CITAPTER 81. — Of the Support of Paupers by Cities and Towns.

CHAPTER 82. – Of the Maintenance of Bastard Children.

CHAPTER 83. — Of the Protection of Infants and the Care of Pauper Children.

CHAPTER 84. - Of the State Board of Charity.

CHAPTER 85. — Of the State IIospital and the State Farm.

CHAPTER 86. — Of the Lyman School for Boys, the Industrial School for Girls

and the Reformation of Juvenile Offenders,

CHAPTER 87. – Of the State Board of Insanity and Institutions for the Insane.

CHAPTER 88.– Of the Massachusetts State Sanatorium.

CHAPTER 89. — Of the State Board of Agriculture and the Dairy Bureau.

CHAPTER 90. — Of the Board of Cattle Commissioners and of Contagious Dis-

cases of Cattle.

CHAPTER 91.– Of Inland Fisheries.

CHAPTER 92. — Of the Preservation of Certain Birds and Animals.

CHAPTER 93. – Of Timber float or Cast on Shore.

CHAPTER 94. - Of Lost Goods and Stray Beasts.

CHAPTER 95. — Of Unclaimed or Abandoned Property.

CHAPTER 96. — Of the Board of Ilarbor and Land Commissioners.

CHAPTER 97. – Of Wrecks, Shipwrecked Goods and Removal of Wrecks.

CHAPTER 98. — Of the Observance of the Lord's Day.

CHAPTER 99. — Of Gaming.

CHAPTER 100. — Of Intoxicating Liquors.

CHAPTER 101.- Of Common Nuisances.

CHAPTER 102. - Of Licenses and Municipal Regulations of Police.

CHAPTER 103. -Of the Supervision of Plumbing.

CHAPTER 104. – Of the Inspection of Bui ings.

CHAPTER 105. - Of the Inspection of Steam Boilers.

CHAPTER 106. — Of the Employment of Labor.

CHAPTER 107. – Of the Bureau of Statistics of Labor and the Board of Super-

visors of Statistics.

CHAPTER 108. – Of District and other Police Officers.

18

CHAPTER 75.

OF THE PRESERVATION OF THE PUBLIC HEALTH.

SECTIONS 1-8. State Board of Ilealth.
SECTIONS 9-15. City and Town Boards of Ilealth.
SECTIONS 16–26. — Adulterated Drugs and Food.
SECTIONS 27–33. — Bakeries.
SECTIONS 31-57. — IIospitals and Dangerous Diseases.
SECTIONS 58–60. Impure Ice.
SECTIONS 61-63. – Lying-In Hospitals.
SECTIONS 64-90. Nuisances and Cause of Sickness.
SECTIONS 91-109. – Offensive Trades.
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 HEALTII. 1 SECTION 1. There shall be a state board of health consisting State board of 2 of seven persons, one of whom shall annually be appointed by the 8, 420, § 1. 3 governor, with the advice and consent of the council, for a term 4 of seven years.

1879, 291, § 2. P. S. 79, $1. 185, 101, $1. 136 Mass, 578.

1 SECTION 2. Said board shall hold meetings at least once in each Meetings and 2 month, shall make its own by-laws and shall annually, on or before 1929, 420, $$ 2, 3. 3 the thirty-first day of December, make a report to the governor 1933 4 and council for the year ending on the preceding thirtieth day of 1846, 101, $ 2. 5 September.

1 SECTION 3. Said board shall elect a secretary, who shall be secretary, 2 the executive officer and shall hold office during the pleasure of ; 1713: 3 the board. Ile 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-otlicio 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.

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, 189, 231, 23: 4 and especially of epidemics, the sources of mortality and the effects 14-2, 263,4$ 5. 5 of localities, employments, conditions and circumstances on the 1st, 191, 4. 6 public health, and relative to the sale of drugs and food and the 1st 375 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

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

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

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.

11

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

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.

6

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

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

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

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.

9

CITY AND TOWN BOARDS OF HEALTH.

Boards of health in cities.

P.S. 80, $$ 4, 8.
1894, 174.
1895, 332.
172 Mass. 417.
173 Mass. 338.

SECTION 9. In each city except Boston the board of health i 1949, 221, $$ 1,2. shall consist of three persons, one of whom shall be a doctor of 2 1877, 133, $ 1. 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.

13

Boards of SECTION 10. Every such board shall organize annually by the 1 health, organ. ization, physi. choice of one of its number as chairman. It may appoint a physi- 2 cian, etc. 1816, 44, $ 7. cian to the board, who shall hold his office during its pleasure, 3

P.S. SO, $8 5, 6,

9, 10.

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 assist- 1877, 133

, 2, 3. 6 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. $

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 1817, 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.

1 SECTION 12. The board of health in towns which have according – annual re. 2 to the latest census more than five thousand inhabitants shall send port of deaths.

1897 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.

1 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. 3.80, $ 16. 4 which the board appointing him had ; but he shall in each case 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.

1 SECTION 14. The board of health of a town shall publish all Notice of regu2 regulations made by it in a newspaper of its town, or, if there is 1816, 44, $$ 3, 11. 3 no such newspaper, shall post them up in a public place in the G. S. 26; 8. 4 town. Such publication or posting shall be notice to all persons.

P. S. SO, & 19. 98 Mass. 443.

1 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 shail P. S. 80, § 17. 4 have acted.

ADULTERATED DRUGS AND FOOD. 1 SECTION 16. No person shall manufacture, offer for sale or sell, Sale of adulter2 within this commonwealth, any drug or article of food which is forbidden 3 adulterated within the meaning of section eighteen.

1882, 263, $ 1. 1897, 344, $ 1.

1 SECTION 17. The term “6 drug as used in sections sixteen to

Drugs and 2 twenty-six, inclusive, shall include all medicines for internal or food defined.

1882, 263, $ 2. 3 external use, antiseptics, disinfectants and cosmetics. The term 1886, 171 4 “ food” as used therein shall include all articles, simple, mixed or

1897, 344, $ 2. 5 compound, used in food or drink by man.

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