Section 92. No person shall sell, exchange, transport or deliver, or offer or expose for sale, exchange or deliver, or have in his custody or possession with intent to sell, exchange, transport or deliver, any scallops which have been soaked, or any scallops not in the shell unless such scallops are in a box, carton, tray or other container plainly and conspicuously stamped, labelled or marked with (a) the word “Massachusetts”, followed by the name of the town or of the locality where taken, if taken from waters or flats within the commonwealth; or (b) the name of the state, country or province where taken, if taken from waters or flats outside the commonwealth; or (c) the words “Sea Scallops”, if of the species commonly so known. Said box, carton, tray or container shall also be marked in the same manner with the number of the certificate under which said scallops were removed or with such other identification as may be required by the director by rule or regulation, which he is hereby authorized to adopt.
Whoever fails to comply with any provision of this section, or whoever falsely stamps, labels or marks such a box, carton, tray or other container, or whoever falsely advertises any of the shellfish herein referred to, shall be punished by a fine of not less than fifty nor more than five hundred dollars or imprisonment for thirty days or both.
This section shall not apply to common carriers having scallops in possession for the purpose of transportation.