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Session Laws

1985

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CHAPTER 132 AN ACT RELATIVE TO THE COMMERCIAL TAKING, LANDING AND DISTRIBUTION OF FISH.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 80 of chapter 130 of the General Laws is hereby amended by striking out the second paragraph, as amended by section 3 of chapter 442 of the acts of 1971, and inserting in place thereof the following paragraph:-

A person shall not for commercial purposes acquire, handle, store, distribute, process, fillet, ship or sell raw fish, whether frozen or unfrozen in bulk or for resale, without first obtaining a wholesale dealer permit; provided, however, that the holder of a valid commercial fisherman permit who catches fish or takes lobsters and sells such fish or lobsters to wholesale or retail dealers exclusively shall be exempt from obtaining a wholesale dealer permit; and provided, further, that the holder of a wholesale dealer permit shall not procure raw fish, whether frozen or unfrozen, from any person who does not hold a valid commercial fisherman permit. A person shall not sell raw fish at retail, whether frozen or unfrozen without first obtaining a retail dealer permit; provided, however, that the holder of a valid wholesale dealer permit may sell fish at retail at one location which shall be named on the permit; and provided, further, that the holder of a retail dealer permit shall not procure raw fish, whether frozen or unfrozen, from any person who does not hold a valid commercial fisherman permit or a valid wholesale dealer permit. Upon application to the director and endorsement on the permit the holder of a retail dealer permit may take bait, except as provided in section seventy-eight, for sale under said permit.

Approved July 2, 1985.