New England Milk Dealers Association, Inc. v. Department of Food & Agriculture

On its face, a judge of the Superior Court decided, the complaint in this case was time barred and, accordingly, he allowed a motion to dismiss under Mass.R.Civ.P. 12(b)(1) and (6), 365 Mass. 755 (1974). The case raises the question whether a person seeking review of a regulation promulgated by an administrative agency is bound by a limitation period contained in a statute which prescribes the method for reviewing *706acts (including regulations) of the agency concerned or may, as an alternative, challenge the regulation by asking for a declaratory judgment.

Under G. L. c. 94A, § 21, as appearing…