Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3331 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3462 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3331
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ann-Margaret Ferrante and Hannah Kane
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the Executive Office of Food Resources and Security.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Ann-Margaret Ferrante5th Essex1/17/2025Hannah Kane11th Worcester1/17/2025Mindy Domb3rd Hampshire1/30/2025Carmine Lawrence Gentile13th Middlesex1/30/2025 1 of 10
16	16	HOUSE DOCKET, NO. 3462 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3331
18	18	By Representatives Ferrante of Gloucester and Kane of Shrewsbury, a petition (accompanied by
19	19	bill, House, No. 3331) of Ann-Margaret Ferrante, Hannah Kane and others for legislation to
20	20	establish an executive office of food resources and security. State Administration and
21	21	Regulatory Oversight.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 3029 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act establishing the Executive Office of Food Resources and Security.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 2 of chapter 6A of the General Laws, as appearing in the 2012
33	33	2Official Edition, is hereby amended by inserting after the word “affairs”, in line 3, the following
34	34	3words:- , food resources and security.
35	35	4 SECTION 2. Section 3 of chapter 23G of the General Laws is hereby amended by
36	36	5inserting after the word “projects”, in line 89, as appearing in the 2012 Official Edition, the
37	37	6following words:- and loans to food producers selected by the department of investment and
38	38	7financing for food production pursuant to section 10 of chapter 28B.
39	39	8 SECTION 3. The General Laws are hereby amended by inserting after section 28A the
40	40	9following chapter:- 2 of 10
41	41	10 CHAPTER 28B.
42	42	11 EXECUTIVE OFFICE OF FOOD RESOURCES AND SECURITY
43	43	12 Section 1. As used in this chapter, the following words shall, unless the context clearly
44	44	13requires otherwise, have the following meanings:-
45	45	14 “Food Producer”, a person who produces food by farming, as that term is defined in
46	46	15section 1A of chapter 128, in the commonwealth, or by taking and selling fish, including
47	47	16shellfish, lobsters, edible crabs or other living marine resources, from coastal waters of the
48	48	17commonwealth under a commercial fishing license, permit or certificate issued pursuant to
49	49	18chapter 130.
50	50	19 “Food production”, the process by which a food producer cultivates, raises, harvests,
51	51	20collects, takes, gathers or otherwise handles plant or animal life, in whole or in part, whether or
52	52	21not embedded in the soil, for the purpose of offering for sale such plant or animal life, or part
53	53	22thereof, as food in the open market.
54	54	23 “Office”, the executive office of food resources and security.
55	55	24 “Secretary”, the secretary of food resources and security.
56	56	25 Section 2. There shall be an executive office of food resources and security, which shall
57	57	26be under the supervision and control of a secretary of food resources and security, appointed by
58	58	27the governor. The secretary may, pursuant to chapter 30A, adopt regulations for the
59	59	28implementation or interpretation of any law enforced or administered by any department, office,
60	60	29agency, or other entity in the executive office of food resources and security. In the executive
61	61	30office shall be the department of food production, the department of food labor and workforce 3 of 10
62	62	31development, the department of food innovation, development and research, the department of
63	63	32investment and financing for food production, the department of food security, identification and
64	64	33labeling, the department of economic development for locally-produced food, the department of
65	65	34nutrition and food health and the department of self-sufficiency for food production. Each
66	66	35department shall be headed by a commissioner. The executive office shall be organized and shall
67	67	36function as a single state agency with the authority and control for administrative purposes
68	68	37including, but not limited to, for the purposes of the accounting and financial system of the
69	69	38commonwealth. The secretary shall, notwithstanding any general or special law to the contrary,
70	70	39identify and consolidate administrative activities and functions common to the separate
71	71	40departments within the office and may designate such functions “core administrative functions”
72	72	41in order to improve administrative efficiency and preserve fiscal resources; provided, however,
73	73	42that common functions that shall be designated core administrative functions shall include, but
74	74	43shall not be limited to, human resources, financial management, information technology, legal,
75	75	44procurement and asset management.
76	76	45 Each commissioner shall be appointed and may be removed by the secretary, with the
77	77	46approval of the governor. Each commissioner shall be a person of skill and experience in the
78	78	47field of his appointment. The commissioner of each department may adopt reasonable
79	79	48regulations to allow those employees within his or her department to testify in civil proceedings
80	80	49so as to further the performance of the department's business. The commissioner of each
81	81	50department shall appoint all necessary employees within the department, except as may be
82	82	51otherwise provided by law. The positions of commissioner shall not be subject to the provisions
83	83	52of chapter 31 or section 9A of chapter 30. Each commissioner shall perform such functions as
84	84	53may be assigned to him by the secretary and shall devote his full time during business hours to 4 of 10
85	85	54the duties of the position. In case of a vacancy or an emergency, the secretary may appoint a
86	86	55person as acting commissioner for a period not exceeding 6 months, of any of the above
87	87	56departments, provided, the appointee is a person of skill and experience in the field of his or her
88	88	57appointment. The positions of the commissioners shall be classified in accordance with section
89	89	5845 of chapter 30 and the salaries shall be determined in accordance with section 46C of said
90	90	59chapter 30.
91	91	60 Section 3. The office and its appropriate departments shall carry out policy relative to
92	92	61food production and in so doing shall:
93	93	62 (1) foster and support food producers so they are able to effectively and safely produce,
94	94	63market and sell food in a sustainable manner throughout the commonwealth.
95	95	64 (2) promote job creation and economic development in food production and local food
96	96	65distribution;
97	97	66 (3) create a workforce in food production that gives rise to an attractive environment for
98	98	67next-generation food production workers and researchers;
99	99	68 (4) develop and administer programs and incentives to improve nutrition and promote
100	100	69healthy eating habits across all age groups;
101	101	70 (5) develop statewide polices to increase demand for local foods through marketing and
102	102	71branding initiatives, and improve market and environmental statistics to support such polices;
103	103	72 (6) encourage, support, and undertake research and maintain laboratory and other
104	104	73research facilities to produce information regarding the science of food production, 5 of 10
105	105	74transportation and consumption for the benefit of the commonwealth, its communities, its
106	106	75citizens and other interested parties;
107	107	76 (7) enter into contracts and partnerships with private and public institutions for the
108	108	77advancement of the goals and directives set forth in this chapter;
109	109	78 (8) develop and administer programs and recommendations to reduce input costs, while
110	110	79strengthening financing and business planning for food producers;
111	111	80 (9) develop and administer programs to strengthen food production in the
112	112	81commonwealth so that in the future, Massachusetts would be better suited to feed all its citizens
113	113	82without importation of food from other states;
114	114	83 (10) foster strong relationships with food producers and consumers to achieve the goals
115	115	84and directives set forth in this chapter while creating opportunities for cultural and economic
116	116	85growth for the citizens of this commonwealth;
117	117	86 (11) advise and assist local governments, private and public institutions, organizations
118	118	87and associations, businesses, industries, and individuals by providing and acting as a
119	119	88clearinghouse for food production and labeling and consumption information, data, and other
120	120	89materials;
121	121	90 (12) represent and act on behalf of the commonwealth in connection with federal grant
122	122	91programs;
123	123	92 (13) keep accounts, records, personal data, enter into contracts, adjust claims, accept
124	124	93gifts, grants, bequests and devises, and subject to appropriation, acquire real or personal property
125	125	94by eminent domain or otherwise; 6 of 10
126	126	95 (14) advise and assist state agencies, cities, towns, and other units of local government in
127	127	96the preparation of grant or loan applications with respect to any food production or protection
128	128	97programs;
129	129	98 (15) coordinate activities among public institutions of higher education to engage in
130	130	99complementary state educational programs and collaborative research initiatives regarding food
131	131	100production; and
132	132	101 (16) promulgate rules and regulations necessary to carry out their statutory
133	133	102responsibilities.
134	134	103 Section 4. The secretary shall have the following powers and duties concerning any
135	135	104power or duty assigned to any department:
136	136	105 (1) the power and duty to resolve administrative and jurisdictional conflicts between any
137	137	106such departments or officers;
138	138	107 (2) the power and duty to implement, upon request of any such department or officer,
139	139	108programs jointly agreed to by the secretary and such agency or officer; and
140	140	109 (3) the power and duty to coordinate and improve program activities involving 2 or more
141	141	110such departments or officers.
142	142	111 Section 5. The secretary shall conduct comprehensive planning with respect to the
143	143	112functions of the office and shall coordinate the activities and programs of the departments and
144	144	113divisions within the office. The secretary shall continually review the operations of the office
145	145	114with a view toward improving administrative organization, procedures and practices, promoting
146	146	115economy and efficiency. 7 of 10
147	147	116 The secretary shall prepare annually a report of the organization and activities of the
148	148	117office as individually reported by the various departments and divisions within the office, the
149	149	118assignment of functions to various administrative units, officers and employees, and of the
150	150	119established places at which, and the methods whereby, the public may receive information or
151	151	120may make requests, and such other matters as the secretary deem appropriate.
152	152	121 The secretary shall annually evaluate the status of the production, distribution, labeling
153	153	122and consumption of food within the commonwealth. This evaluation shall be submitted as a part
154	154	123of the report referred to in the preceding paragraph, and it shall be accompanied by
155	155	124recommendations for appropriate actions to be taken to achieve best practices with respect to the
156	156	125production, distribution, labeling and consumption of food within the commonwealth.
157	157	126 In order to carry out the provisions of this chapter the secretary may, and is encouraged
158	158	127to, seek the laboratory, technical, education, and research skills and facilities of state institutions
159	159	128of higher learning.
160	160	129 Section 6. Subject to appropriation, the secretary, with the approval of the governor, may
161	161	130appoint such experts and other assistants as he shall deem necessary to perform the functions of
162	162	131his office, provided that the provisions of chapter 31 and section 9A of chapter 30 shall not apply
163	163	132to any person holding any such appointment. Every person so appointed to any position in his
164	164	133office shall have experience and skill in the field of such position. So far as practicable in the
165	165	134judgment of the secretary, appointments to such positions in his office shall be made by
166	166	135promoting employees of the commonwealth serving in positions which are classified under
167	167	136chapter 31, and such appointments shall at all times reflect the professional needs of the
168	168	137department or division affected. If an employee serving in a position which is classified under 8 of 10
169	169	138chapter 31 or in which he has tenure by reason of section 9A of chapter 30 shall be appointed to
170	170	139a position within his office which is not subject to the provisions of chapter 31, he shall upon
171	171	140termination of his service in such unclassified position be restored to the position which he held
172	172	141immediately prior to such appointment; provided, however, that his service in such unclassified
173	173	142position shall be determined by the civil service commission in accordance with the standards
174	174	143applied by said commission in administering chapter 31. Such restoration shall be made without
175	175	144impairment of his civil service status or tenure under section 9A of chapter 30 and without loss
176	176	145of seniority, retirement, or other rights to which uninterrupted service in such prior position
177	177	146would have entitled him. During the period of such appointment, each person so appointed from
178	178	147a position in the classified civil service shall be eligible to take any competitive promotional
179	179	148examination for which he would otherwise have been eligible.
180	180	149 Section 7. There shall be a department of food production broadly tasked with promoting
181	181	150the effective, profitable and safe production of food throughout farms and fishing communities
182	182	151located in the commonwealth.
183	183	152 Section 8. There shall be a department of food labor and workforce development, which
184	184	153shall: (1) develop programs that provide economic incentive to food producers; (2) create a
185	185	154workforce in food production that gives rise to an attractive environment for future food
186	186	155production workers and researchers; and (3) encourage, support, and undertake research into
187	187	156alternative centers of economic growth for food production and distribution within the
188	188	157commonwealth, including projects like the Gloucester Genomics Institute.
189	189	158 Section 9. There shall be a department of food innovation, development and research,
190	190	159which shall undertake research and maintain laboratory and other research facilities to provide 9 of 10
191	191	160information to food producers and other interested parties regarding the science behind food
192	192	161production. The department shall undertake research regarding the impact that specific
193	193	162environmental, biological, meteorological and chemical conditions have on food production in
194	194	163the commonwealth in order to, develop new sciences, proposals and techniques for the
195	195	164conservation and enhancement of fields, water and wildlife for food production.
196	196	165 Section 10. There shall be a department of investment and financial planning for food
197	197	166production, which shall identify and select food producers who are eligible to receive loans from
198	198	167the Massachusetts Development Finance Agency pursuant to clause (17) of section 3 of chapter
199	199	16823G, based on criteria to be determined by the department; provided, however, in selecting food
200	200	169producers pursuant to this section, the department shall give preference to food producers
201	201	170operating in designated port areas. The department shall research and investigate production and
202	202	171operation methods of food producers, including the possibility and efficacy for producers to
203	203	172utilize shared equipment and infrastructure, and make recommendations to reduce input costs
204	204	173associated with production and transportation. The department shall develop programs and make
205	205	174recommendations to food producers designed to attract entrepreneurs and other new investors
206	206	175with a focus on providing equity-like, risk capital for production growth to be supplied in smaller
207	207	176amounts and at lower returns.
208	208	177 Section 11. There shall be a department of food security, identification and labeling,
209	209	178which shall develop and administer programs and policies to improve food management and
210	210	179security and shall research the efficacy and implementation of next-generation food tracking
211	211	180systems, food management policies and labeling procedures to ensure a secure food
212	212	181infrastructure in the commonwealth. 10 of 10
213	213	182 Section 12. There shall be a department of economic development for locally-produced
214	214	183food that shall develop and administer public relations campaigns and marketing and branding
215	215	184programs to encourage public institutions and private businesses to purchase locally grown foods
216	216	185in order to strengthen and maintain local food producers positions in the local marketplace.
217	217	186 Section 13. There shall be a department of nutrition and food health, which shall develop
218	218	187and administer a public relations campaign and other programs designed to: (i) provide
219	219	188nutritional education to food producers and consumers; and (ii) encourage consumers to adopt
220	220	189healthy eating habits.
221	221	190 Section 14. There shall be a department of self-sufficiency for food production, which
222	222	191shall develop and administer programs to strengthen food production in the commonwealth so
223	223	192that in the future, Massachusetts would be better suited to feed all its citizens without importation
224	224	193of food from other states.