Massachusetts General Laws

Mass. Gen. Laws ch. 111, § 5 (2026)

Powers and duties of department

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 5. The department shall take cognizance of the interests of life, health, comfort and convenience among the citizens of the commonwealth; shall conduct sanitary investigations and investigations as to the causes of disease, and especially of epidemics, and the sale of food and drugs and adulterations thereof; and shall disseminate such information relating thereto as it considers proper. It shall advise the government concerning the location and other sanitary condition of any public institution. It may produce and distribute immunological, diagnostic and therapeutic agents as it may deem advisable, and may sell such portions of such materials produced in its laboratories as constitute an excess over those required for its use within the commonwealth.

Notes of Decisions
Cited in 8 cases, 1970–1992 · leading case: Boston Hous. Auth. v. Hemingway, 293 N.E.2d 831 (Mass. 1973).
Boston Hous. Auth. v. Hemingway, 293 N.E.2d 831 (Mass. 1973). · cites it 3× “In 1960, the Massachusetts Department of Public Health, *192 pursuant to the authority granted by G.L.c. 111, § 5, adopted art. II of the State Sanitary Code which established minimum standards of fitness for human habitation for all housing in the Commonwealth.”
McKenna v. Begin, 362 N.E.2d 548 (Mass. App. Ct. 1977). · cites it 2× “See Note, 84 Harv. L. Rev. 729 , 737 (1971). [3] The board cited the following minor violations: loose and falling plaster in a bedroom, falling ceiling plaster and a leaking pipe in the bathroom, missing plaster and peeling ceiling paint in the kitchen and falling plaster and…”
Borden, Inc. v. Comm'r of Pub. Health, 448 N.E.2d 367 (Mass. 1983). “” G. L. c. 111, § 5. Some doubts whether UFFI properly installed in houses will cause the symptoms characteristic of exposure to formaldehyde need not stay the commissioner’s hand.”
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (Mass. 1979). “111, § 127A, for the current version), imposed on the landlord a duty to maintain an apartment in habitable condition, so the landlord could fairly expect and be expected to keep his rented premises habitable.”
Colonial Gas Co. v. Aetna Cas. & Sur. Co., 144 F.R.D. 600 (D. Mass. 1992). “Mass.Gen.L. ch. 111, § 5 note (St.1985, ch.”
Haas v. Breton, 387 N.E.2d 138 (Mass. 1979). “Two bills contained a more expansive grant of jurisdiction under G. L. c. 111, §§ 5, 127A-127K; G. L. c. 143; G.”
Bd. of Health of North Adams v. Mayor of North Adams, 334 N.E.2d 34 (Mass. 1975). “…by the State, and that the State can exercise affirmative control in many circumstances. See G.L.c. 40, §§ 38, 39B; G.L.c. 111, §§ 5, 5G, 17. More directly to the point, as we have indicated, § 8C accords with the scheme of the bill proposed by the special commission in 1968…”
Carlson v. Town of Holden, 260 N.E.2d 666 (Mass. 1970). “898, §§ 1, 3, replacing former G. L. c. 111, § 5, as to such a code.”
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