§ 12 — Milk and cream, definitions, standards; rules

Section 12. The term ''milk'' shall mean the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows or goats. The legal minimum standard for cow milk in final package form for beverage use shall be milk which is shown to contain not less than eight and one-quarter per cent milk solids not fat and three and one-quarter per cent milkfat. The legal minimum standard for goat milk in final package form for beverage use shall be milk which is shown to contain not less than seven point five per cent milk solids not fat and not less than two point five per cent milkfat. Milk may be adjusted by separating part of the milkfat therefrom or by adding cream thereto.The term ''cream'' shall mean the liquid milk product high in fat separated from milk. The Massachusetts legal minimum standard for cream shall be cream which, upon analysis, is shown to contain not less than eighteen per cent milkfat. Cream may be adjusted by adding thereto milk, skim milk and such other milk products as the commissioner of public health may authorize by rule or regulation as hereinafter provided.The commissioner of public health shall, subject to the provisions of chapter thirty A, adopt and promulgate rules and regulations establishing other legal standards as well as labeling requirements and sanitary standards for milk, cream and products thereof, including foods containing such ingredients, as sold or offered for sale in final package form, and may, in like manner and from time to time, amend, modify or repeal the same. Such rules and regulations shall be consistent with all applicable regulations effective from time to time pursuant to issuance by the Food and Drug Administration, Public Health Service, United States Department of Health, Education and Welfare, or any successor agency with like regulatory powers; provided, that requirement by said commissioner of more stringent bacterial and temperature standards shall not be precluded; and provided, further, that said commissioner may modify the application of said federal regulations to such degree as he may determine to be appropriate where only intrastate commerce in such products is involved. No product standard which has been established hereunder shall be subject separately to the provisions of section one hundred and ninety-two. Any person who violates any rule or regulation duly adopted and promulgated by said commissioner pursuant to this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars for each offence.