Mass. Gen. Laws ch. 94 § 65Q
The department, and the local boards of health within their respective jurisdictions, shall enforce sections sixty-five G to sixty-five U, inclusive. The department shall from time to time, after inquiry and public hearing, adopt, amend and promulgate rules and regulations to supplement and give full effect to the provisions of said sections. Such rules and regulations shall, in addition to any other subjects, establish bacterial standards for frozen desserts and/or frozen dessert mix, hereinafter referred to as products, sanitary regulations pertaining to the manufacture and distribution of such products, including the sanitary condition of premises and buildings wherein such products are manufactured, and the sanitary condition of containers in which such products are held or shipped. Such rules and regulations shall be filed at the office of the department and of each of the boards of health within the commonwealth, shall be open for public inspection, and shall have the force of law.
Local boards of health may make rules and regulations relative to such products not inconsistent with rules or regulations of the department, or with law.
Mass. Gen. Laws ch. 94, § 65Q