Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 36 (2026)

Analysis of alcoholic beverages by department of state police

✓ current as of July 2026

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Section 36. The analyst or assistant analyst of the department of state police shall upon request make, free of charge, an analysis of all alcoholic beverages sent to it by the licensing authorities or by police officers or other officers authorized by law to make seizures of alcoholic beverages, if the department is satisfied that the analysis requested is to be used in connection with the enforcement of the laws of the commonwealth. The said department shall return to such police or other officers, as soon as may be, a certificate, signed by the analyst or assistant analyst making such analysis, of the percentage of alcohol which such samples of beverages contain, and, if the commission so requests, of the composition and quality of such beverages as shown by the samples submitted. Such certificate shall be prima facie evidence of the composition and quality of the alcoholic beverages to which it relates, and the court may take judicial notice of the signature of the analyst or the assistant analyst, and of the fact that he is such.

Notes of Decisions

Cited in 3 cases, 1975–1993 · leading case: Commonwealth v. Westerman, 611 N.E.2d 215 (Mass. 1993).

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Commonwealth v. Westerman, 611 N.E.2d 215 (Mass. 1993). · cites it 2× “111, § 10 (paint, turpentine, linseed oil, or synthetic substitute); G.L.c. 138, § 36 (alcoholic beverages); G.”

Norway Cafe, Inc. v. Alcoholic Beverages Control Comm'n, 386 N.E.2d 32 (Mass. App. Ct. 1979). “” 2 See G. L. c. 138, §§ 36 and 37, which provide for such tests by the Department of Public Health.”

Depin v. Aetna Life Ins., 56 Mass. App. Dec. 82 (Mass. Dist. Ct., App. Div. 1975). “90, §24(1) (e) — “breathalyzer” test; G. L. c. 138, §36 — alcoholic beverage content; G.”

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