940 CMR 36.05 - Prohibition on the Sale of Products

(1) It is a violation of St. 2016, c. 333 or 940 CMR 36.05 for a business owner or operator to knowingly engage in the sale within Massachusetts of any:

(a) Shell egg that the business owner or operator knows or should know is the product of a covered animal that was confined in a cruel manner;

(b) Whole veal meat that the business owner or operator knows or should know is the meat of a covered animal that was confined in a cruel manner; or

(c) Whole pork meat that the business owner or operator knows or should know is the meat of a covered animal that was confined in a cruel manner, or is the meat of the immediate offspring of a covered animal that was confined in a cruel manner.

(2) It is a defense to any action to enforce 940 CMR 36.00 or to any action to enforce St. 2016, c. 333 that a seller of shell eggs, whole pork meat, or whole veal meat in Massachusetts relied in good faith upon either:

(a) a Guarantee;

(b) a certification made pursuant to 940 CMR 36.06(1); or

(c) a certification made pursuant to 940 CMR 36.06(2).

Notes

940 CMR 36.05

Adopted by Mass Register Issue 1453, eff. 10/1/2021.