Budget Amendment ID: FY2020-S3-880-R1

Redraft ENV 880

Lobster Processing

Messrs. Tarr, Montigny, Humason and O'Connor moved that the proposed new text be amended by inserting, after section ___, the following new sections:-

SECTION _. Section 77G of Chapter 94 as appearing in the 2016 official edition is hereby amended by striking in its entirety and inserting in place thereof the following:-

Section 77G: Use of dead lobsters for food purposes

Section 77G. Whoever cooks, buys, sells, offers or exposes for sale, gives away, or knowingly delivers, transports, ships, or receives for food purposes any lobster, or any part thereof, which is uncooked and dead, or which was cooked after it was dead, shall be punished by a fine of not less than two hundred and fifty nor more than five hundred dollars, or by imprisonment for not less than ten nor more than sixty days, or both; provided, however, that it shall not be a violation of this section to cook, buy, sell, offer or expose for sale, give away or knowingly deliver, transport, ship or receive any lobster, or part thereof processed for food by a person who has been licensed or certified under this section, as hereinafter provided.

The department of public health may license any person to process within the commonwealth lobsters, or parts thereof in the shell of legal length for food by a method approved by it. The department shall from time to time adopt rules and regulations governing the processing of such lobsters or parts thereof and the sanitary conditions required for the establishment of a person licensed hereunder.

Each container of lobsters, processed by a method as herein provided shall bear a plainly marked label, which shall include the license number or name of the packer, and the date of the processing of said lobsters.

SECTION _. Section 44 of chapter 130 as appearing in the 2016 official edition is hereby amended by striking the third paragraph lines in its entirety and inserting in place thereof the following:-

If the measurement of any such lobster taken from 1 or the other eye sockets is of the required length, such lobster shall be deemed to be a legal lobster. In all prosecutions under this section, any mutilation of any lobster which affects its measurement as aforesaid shall be prima facie evidence that the lobster was or is less than the required length; provided, however, that the director shall, by regulation approved by the marine fisheries advisory commission, allow the onshore processing in the commonwealth of live lobsters of legal length into  shell-on lobster parts  and the importation shell-on lobster parts for further processing by wholesale dealers that are licensed by the department of public health under section 77G of chapter 94. Processed shell-on lobster parts may be possessed, sold or offered for sale in the commonwealth by any wholesale dealer, retail dealer or food establishments and such food product may be possessed by a consumer. The processing, possession or sale of shell-on lobster tails pursuant to this section shall be limited to shell-on lobster tails weighing 3 ounces or more. The packaging of processed shell-on lobster parts pursuant to this section as a food product shall be labeled in accordance with applicable federal and state laws and regulations. This section shall not apply to common carriers having lobster in possession for the purpose of transportation.