Chap. 0444 An Act regulating the enrichment of flour, white bread, and rolls.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 94 of the General Laws, as amended, is hereby further amended by adding at the end the following paragraphs: -

"Enriched bread", in sections ten H to ten J, inclusive, shall mean white bread, rolls and buns which shall contain in the finished product thiamine, riboflavin, niacin or niacinamide, iron and calcium in quantities prescribed by the regulations of the department of public health.

"Enriched flour", in sections ten H to ten J, inclusive, shall include flour, white flour, wheat flour, plain flour, bromated flour, self-rising flour, self-rising white flour, self-rising wheat flour, phosphated flour, phosphated white flour, and phosphated wheat flour, which shall contain thiamine, riboflavin, niacin or niacinamide, iron and calcium in quantities prescribed by the regulations of the department of public health; but does not include special flours not used for bread, roll, bun or biscuit baking such as specialty cake, pancake and pastry flours.

"Person", in sections ten H to ten K, inclusive, shall mean an individual, corporation, partnership, an association, joint stock company, a trust or an unincorporated organization, to the extent that the same may be engaged in the commercial manufacture or sale of flour, white bread or rolls.

"Rolls", in sections ten H to ten J, inclusive, includes plain white rolls and buns of the semi-bread dough type, such as soft rolls, hamburger, hot dog, or Parker House rolls and similar rolls, and also hard rolls, such as Vienna and

Kaiser rolls and similar rolls, all made without fillings or icing, but shall not include yeast-raised sweet rolls and sweet buns, cinnamon rolls or buns, butterfly rolls or buns.

"White bread", in sections ten H to ten J, inclusive, shall mean any bread, whether baked in a pan or on a hearth or screen, which is commonly known or usually represented and sold as "white bread", including but not restricted to Vienna bread, French bread and Italian bread.

Section 2. Said chapter 94 is hereby further amended by inserting after section 10G, inserted by chapter 441 of the acts of 1935, the following four sections under the caption enrichment of bread and flour: - Section 10h. No person shall manufacture, bake or compound for the purposes of sale, or sell, offer for sale or have in possession with intent to sell in this commonwealth for human consumption, any white bread or rolls unless such bread or rolls conform to the definition of "enriched bread" as set forth in section one; and no person shall sell or offer for sale or deliver to an}' person other than to a wholesale distributor of such flour any flour for human consumption unless such flour conforms to the definition of "enriched flour" as set forth in section one; provided, that a manufacturer or wholesale distributor of flour may, upon the written request of a commercial manufacturer or baker of bread or rolls, and in accordance with the regulations of the department of public health, sell and deliver to such manufacturer or baker unenriched flour. Such baker or manufacturer electing to purchase unenriched flour for use in the manufacture of white bread or rolls shall furnish to the department of public health information pertaining to the source of supply of such flour, the quantities purchased, and the method of compliance with the enrichment requirements of this chapter as to white bread and rolls of his manufacture, in accordance with the regulations of said department.

Section 101. The department of public health shall enforce the provisions of sections ten H and ten K, inclusive, and shall from time to time make, amend or rescind rules and regulations for the enforcement thereof. Said rules and regulations shall include standards and tolerances of enrichment, and shall specify the quantities of the enriching ingredients necessary for compliance with the definitions of "enriched bread" and "enriched flour", respectively, as set forth in section one, consistent with law and conforming to the standards and tolerances, if any, adopted under the provisions of the federal food, drug and cosmetic act for the enforcement of federal law. Said rules and regulations with respect to labeling requirements as set forth in section ten J shall conform to the labeling requirements, if any, adopted for the enforcement of federal law.

The department of public health and the inspectors appointed under the provisions of chapter one hundred and eleven, section nine, may conduct examinations and investigations and may take samples of flour, white bread or rolls

for analysis to determine compliance with the provisions of sections ten IT to ten J, inclusive. Said inspectors may enter at any reasonable time any factory, mill, warehouse, shop or establishment where flour, white bread or rolls are manufactured, processed, packed, sold or held, or any vehicle being used for the transportation thereof for the purpose of inspection and investigation for the enforcement of these sections; provided, that nothing in this paragraph shall be deemed to authorize any interference with interstate commerce.

Section 10 J. No person shall sell or offer for sale or have in possession with intent to sell in this commonwealth for human consumption any flour or wrapped white bread or rolls which meet the requirements of section one and section ten H unless such flour or bread or rolls are labeled with respect to enrichment as provided and set forth in the regulations of said department; provided, that this section shall not apply to white bread or rolls which are sold directly to the consumer by the manufacturer thereof.

Section 10K. Whoever violates any provision of sections ten H to ten J, inclusive, or any rule or regulation of the department of public health promulgated thereunder shall be punished by a fine of not more than one hundred dollars for the first offence or by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than three months, or both, for each subsequent offence. The act, omission or failure of an agent or employee shall be deemed to be the act, omission or failure of the person referred to in sections ten H to ten K, inclusive, as defined in section one.      Approved June 1, 1948.