Massachusetts § 90B - Sizes of eggs offered for sale, etc.

§ 90B. Sizes of eggs offered for sale, etc.

Section 90B. No person shall sell, or offer or expose for sale, eggs unless the carton or other container thereof contains or bears a proper designation or description relating to the size of such eggs, as hereinafter provided, and no person shall advertise eggs for sale at stated prices unless such advertisement contains a proper designation or description relating to the size of such eggs, as hereinafter provided.

Eggs shall be divided into six sizes to be known as ''jumbo'', ''extra large'', ''large'', ''medium'', ''pullet or small'', and ''peewee''. The proper designation of size shall be plainly and conspicuously shown in the sale, or offering or exposing for sale, of eggs and in the advertisement for the sale thereof if the price is stated in the advertisement.

''Jumbo'' eggs shall be eggs having an average weight of not less than thirty ounces per dozen with no egg or eggs below the rate of twenty-nine ounces per dozen. A tolerance of not more than four per cent by volume shall be allowed in this classification, but eggs under this tolerance shall weigh not less than at the rate of twenty-eight ounces per dozen.

''Extra Large'' eggs shall be eggs having an average weight of not less than twenty-seven ounces per dozen with no egg or eggs below the rate of twenty-six ounces per dozen. A tolerance of not more than four per cent by volume shall be allowed in this classification, but eggs under this tolerance shall weigh not less than at the rate of twenty-five ounces per dozen.

''Large'' eggs shall be eggs having an average weight of not less than twenty-four ounces per dozen with no egg or eggs below the rate of twenty-three ounces per dozen. A tolerance of not more than four per cent by volume shall be allowed in this classification, but eggs under this tolerance shall weigh not less than at the rate of twenty-two ounces per dozen.

''Medium'' eggs shall be eggs having an average weight of not less than twenty-one ounces per dozen with no egg or eggs below the rate of twenty ounces per dozen. A tolerance of not more than four per cent by volume shall be allowed in this classification, but eggs under this tolerance shall weigh not less than at the rate of nineteen ounces per dozen.

''Pullet or Small'' eggs shall be eggs having an average weight of not less than eighteen ounces per dozen with no egg or eggs below the rate of seventeen ounces per dozen. A tolerance of not more than four per cent by volume shall be allowed in this classification, but eggs under this tolerance shall weigh not less than at the rate of sixteen ounces per dozen.

''Peewee'' eggs shall be eggs having an average weight of less than eighteen ounces per dozen.

The provisions of this section shall not apply to the sale, or offering or exposing for sale, of eggs at wholesale unless they are packed in cartons or other containers for resale at retail; nor shall they apply to the sale, or offering or exposing for sale, of eggs unsorted as to size, if the cartons or other containers thereof are plainly and conspicuously marked and identified as ''not sized'', and if any advertisement advertising such eggs for sale at stated prices clearly indicates that such eggs are ''not sized''.

The commissioner of food and agriculture is hereby authorized, after a hearing, due notice whereof shall have been given, to establish rules and regulations for the enforcement of this section, and the department of food and agriculture shall enforce said provisions.

Whoever violates any provision of this section, or any rule or regulation made thereunder, shall be punished for the first offence by a fine of not more than twenty-five dollars, and for a subsequent offence by a fine of not more than fifty dollars. Whoever obstructs or hinders said commissioner or any of his assistants in the performance of his duties under this section shall be punished by a fine of not more than fifty dollars.