The local board of health, if satisfied after inspection that the plant referred to in an application for a license or a permit, as the case may be, is maintained in accordance with the standards of sanitation prescribed in the rules and regulations promulgated by the department, may grant to any suitable applicant therefor a license, or may certify to the department an application for a permit when said local board has been requested by the department to make such an inspection. No license or permit shall be issued if any statement in the application is false or misleading, or if the brand name or any label or advertisement of the frozen dessert or of the frozen dessert mix referred to in the application gives a false indication of its origin, character, composition or place of manufacture, or is otherwise false or misleading in any particular. No person shall engage within the commonwealth in the business of manufacturing frozen desserts and/or frozen dessert mix without a license so to do from the board of health of the town where his plant is or is to be located, and no person engaged in the business of manufacturing frozen desserts and/or frozen dessert mix without the commonwealth shall sell any such product within the commonwealth without a permit from the department.
Mass. Gen. Laws ch. 94, § 65I