Section 90D Grades; criterion; marking; enforcement of section; rules and regulations - Massachusetts Statutes

Section 90D. The grades so established shall include grades closely correlated to the United States consumer standards for shell eggs. The standards of quality for the Massachusetts consumers grades of shell eggs shall be grade “AA”, “A”, “B” or “not graded.” The final determination of grades shall be made by “candling”. All eggs for sale at retail within the commonwealth shall be in containers so marked or branded, with letters not less than three-eighths of an inch in height. Advertising of eggs offered for sale at retail at a stated price shall include the grades. Eggs described as “farm fresh eggs”, “fresh eggs”, “strictly fresh eggs”, “nearby eggs”, or “native eggs” or eggs described with words of similar import shall meet the specifications of section ninety A. The commissioner of food and agriculture and his duly authorized assistants shall determine the responsibility for marking and branding. Any edible egg not conforming to such grades shall be sold as checks, cracks, or stains.

The department of food and agriculture shall enforce the provisions of this section. The commissioner may establish such rules and regulations as may be deemed necessary to carry out the purposes of section ninety C and this section.