Section 73A. No person engaged in the business of storing frozen food or transporting such food shall store or transport such food within the commonwealth unless it is stored or transported under refrigeration which shall insure good keeping qualities and under temperatures and holding conditions approved by the director of the division of food and drugs of the department of public health. Said director may, after public hearing, make regulations for the storing and transportation of frozen food, including temperature control, sanitation and other matters, in accordance with recognized standards necessary for the protection of the public health and the preservation of such food in wholesome condition. The term ”frozen food”, as used in this section, shall include food of any kind which has been preserved by a process of freezing. Nothing in this section shall be construed to apply to delivery of such food by a retailer to the purchaser.

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Whoever violates any provision of this section or of any regulation made hereunder shall be punished by a fine of not more than one hundred dollars for the first offense, and not less than one hundred dollars nor more than five hundred dollars for each subsequent offense.