Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H127 Compare Versions

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22 HOUSE DOCKET, NO. 500 FILED ON: 1/9/2025
33 HOUSE . . . . . . . . . . . . . . . No. 127
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Christopher Hendricks
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act prohibiting the aquaculture of any species of octopus for the purpose of human
1313 consumption.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher Hendricks11th Bristol1/9/2025 1 of 2
1717 HOUSE DOCKET, NO. 500 FILED ON: 1/9/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 127
1919 By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 127)
2020 of Christopher Hendricks for legislation to establish penalties for the aquaculture of any species
2121 of octopus for the purpose of human consumption. Agriculture.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act prohibiting the aquaculture of any species of octopus for the purpose of human
2828 consumption.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 Chapter 130 of the General Laws, as appearing in the 2022 Official Edition, is hereby
3232 2amended by adding the following section:-
3333 3 Section 107. (a) For the purposes of this section, the following words shall, unless the
3434 4context clearly requires otherwise, have the following meanings:-
3535 5 “Aquaculture”, waters used primarily and directly in the commercial cultivation of
3636 6aquatic organisms including finfish, mollusk or crustacean in a controlled environment.
3737 7 “Octopus”, a cephalopod mollusk with a soft body and 8 limbs belonging to the order
3838 8Octopoda and does not include wild-caught octopuses or octopuses propagated, cultivated,
3939 9maintained, reared or harvested only for research purposes unrelated to commercial production.
4040 10 (b) No person shall engage in the aquaculture of any species of octopus for the purpose of
4141 11human consumption. 2 of 2
4242 12 (c) No business entity shall sell, possess or transport any species of octopus that is the
4343 13result or product of aquaculture.
4444 14 (d) Whoever violates any provision of this section or any rule or regulation adopted
4545 15pursuant thereto, shall be subject, upon an order of a court, to a civil penalty not to exceed
4646 16$1,000 per day of the violation, and each day during which the violation continues shall
4747 17constitute an additional, separate and distinct offense. Any civil penalty imposed pursuant to this
4848 18section may be collected with costs in a summary proceeding pursuant to chapter 30A or may be
4949 19collected in a civil action commenced by the commissioner. In addition to any penalties, costs or
5050 20interest charges, the superior court may assess against the violator the amount of economic
5151 21benefit accruing to the violator from the violation.
5252 22 (e) The division may adopt rules and regulations as may be necessary to implement the
5353 23provisions of this section.