Q: I am am a MA based window treatment home service retailer and want to know if I can sell covered products outside of MA?
Massachusetts General Law Chapter 21a part I title II sec 28 states a manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth a covered product. I sell into households outside of MA as well and can direct ship to the customer. I believe of the law pertains to consumers and citizens of the commonwealth and not to penalize small businesses that also do business outside the state. I have a manufacturer that will NOT allow me to purchase a product and ship to my NH homeowner because "they are following the letter of the law" Please clarify
A: I think the manufacturer makes a good point. G.L.c. 21A s, 28(b) states: "(b) A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce, or import into the commonwealth . . ." The words distribute in commerce can be read to mean sale to citizens of other states.
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