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