Section 329 - Sale, Possession or Use of Lacquer Sealer Prohibited; Penalties

MA Gen L ch 94 § 329 (2019) (N/A)
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Section 329. (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:—

''Commercial wood floor finishing operation'', the sanding of wood floors and the application of a floor finishing product, thereby altering the wood surface for purposes that are directly or indirectly connected with any business or other undertaking intended for profit.

''Floor finishing product'', any substance formulated, marketed or otherwise intended for use to seal or coat wood with a protective finish by a floor finishing operation.

''Lacquer sealer'', a clear or pigmented wood finish, formulated with nitrocellulose or synthetic resins to dry by evaporation and without chemical reaction, having a flashpoint below 100 degrees Fahrenheit, including clear lacquer sanding sealers.

(b) No manufacturer, wholesale dealer, agent or person shall sell, keep, offer for sale, or have in his possession or under his control a lacquer sealer for any commercial wood floor finishing operation. Whoever violates this subsection shall be punished by a fine of not less than $2,500 and, for a second or subsequent violation, by a fine of not less than $5,000 or by imprisonment in the house of correction for not more than 1 year or by both such fine and imprisonment.

(c) No person, co-partnership, corporation or association that engages in the business of applying a penetrating sealant or liquid coating to the surface of a wood floor shall use a lacquer sealer while engaged in a commercial wood floor finishing operation. Whoever violates this subsection shall be punished by a fine of not less than $2,500 and, for a second or subsequent violation, by a fine of not less than $5,000 or by imprisonment in the house of correction for not more than 1 year or by both such fine and imprisonment.