Mass. Gen. Laws » Part I Title II Chapter 17
Massachusetts General Laws

Mass. Gen. Laws ch. 17, § 2A (2026)

Powers of commissioner upon declaration of emergency

✓ current as of July 2026
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Section 2A. Upon declaration by the governor that an emergency exists which is detrimental to the public health, the commissioner may, with the approval of the governor and the public health council, during such period of emergency, take such action and incur such liabilities as he may deem necessary to assure the maintenance of public health and the prevention of disease.

The commissioner, with the approval of the public health council, may establish procedures to be followed during such emergency to insure the continuation of essential public health services and the enforcement of the same.

Upon declaration by the governor that such emergency has terminated, all powers granted to and exercised by the commissioner under this section shall terminate.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1979–2024 · leading case: Am. Grain Prods. Processing Inst. v. Dep't of Pub. Health, 467 N.E.2d 455 (Mass. 1984).
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Am. Grain Prods. Processing Inst. v. Dep't of Pub. Health, 467 N.E.2d 455 (Mass. 1984). · cites it 7× “The applicability of G. L. c. 17, § 2A, to the adoption of the regulation.”
Davidson v. Commonwealth, 395 N.E.2d 1314 (Mass. App. Ct. 1979). · cites it 2× “” Pursuant to G. L. c. 17, § 2A, inserted by St. 1965, c.”
Am. Grain Prod. Processing Inst v. Dept. of Pub. Hlth., 467 N.E.2d 455 (Mass. 1984). · cites it 7× “The applicability of G.L.c. 17, § 2A, to the adoption of the regulation.”
Town of Oxford v. David Blondin & Others. (Mass. App. Ct. 2024). “639, and G. L. c. 17, § 2A. See Desrosiers v. Governor, 486 Mass.”
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