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The 192nd General Court of the Commonwealth of Massachusetts

Section 74A: Emergency designation of contaminated shellfish areas; enforcement; notice to local authorities

Section 74A. Both the department of public health and the division of marine fisheries shall have the authority immediately to designate shellfish areas as contaminated and that shellfish obtained therefrom are unfit for food and dangerous to the public health, in the event of an emergency as determined by either the department of public health or the division of marine fisheries. Such designation shall be reported to the division of law enforcement, and, in the case of a determination by the department of public health, to the division of marine fisheries, who shall take the necessary action to prevent the taking of shellfish from such area for human consumption and so notify local authorities in each instance. Such determination shall be in effect until subsequent examination, initiated not more than thirty days after the emergency has been determined, shows the shellfish from such area to be safe for human consumption and the said department or division which designated the emergency declares it to be over. In the event that the department of public health determines that there is an emergency, the commissioner of public health shall have the power to direct the activities of all employees of the division of marine fisheries who are regularly engaged in monitoring the condition of shellfish during that emergency.

This section shall not apply to scallops or conch unless scallops or conch are specifically included in such determination.