Findings and Purpose

The chemical substances known as polychlorinated biphenyls (PCBs) have been discharged into the Acushnet River and are present in that river and in the New Bedford Harbor. Laboratory analyses of lobster and bottom-feedingfishcaught in this area have revealed that PCBs are present in these food sources in levels that exceed the current maximum allowable levels (or "temporary tolerance") established by the Federal Food and Drug Administration under the Food and Drug Cosmetic Act, 21 U.S.C. 301, § 346. Consumption of PCBs causes diseases deemed dangerous to the public health, namely PCB intoxication and carcinogenesis. 105 CMR 260.000 are promulgated to prevent and control the incidence of such diseases among members of the general public, and to prevent the sale of adulterated food to the public.