330 CMR, § 35.04

Current through Register 1533, October 25, 2024
Section 35.04 - Prohibition on the Sale of Products
(1) It is a violation of St. 2021, c. 108, and 330 CMR 35.00 for a Business Owner or Operator to knowingly engage in the Sale within Massachusetts of any:
(a) Shell Egg or other Egg Products 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; provided, however, that Whole Pork Meat products already in the supply chain as of and including August 15, 2022, shall be deemed compliant such that their sale on or after this date shall not be a violation of St. 2021, c. 108, or 330 CMR 35.00.
(2) It is a defense to any action to enforce 330 CMR 35.00 or to any action to enforce St. 2021, c. 108, that a seller of Shell Eggs, Egg Products, Whole Pork Meat, or Whole Veal Meat in Massachusetts relied in good faith upon either:
(a) a Guarantee;
(b) a written certification made pursuant to 330 CMR 35.05(1); or
(c) a written certification made pursuant to 330 CMR 35.05(2).

330 CMR, § 35.04

Adopted by Mass Register Issue 1471, eff. 6/10/2022.