Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H565 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 1043 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 565
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Duffy and Andres X. Vargas
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 Massachusetts farm to school program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patricia A. Duffy5th Hampden1/14/2025Andres X. Vargas3rd Essex1/14/2025Mindy Domb3rd Hampshire1/16/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/29/2025Lindsay N. Sabadosa1st Hampshire1/30/2025Angelo J. Puppolo, Jr.12th Hampden1/30/2025Samantha Montaño15th Suffolk2/5/2025Sean Garballey23rd Middlesex2/5/2025Christopher M. Markey9th Bristol2/12/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/12/2025James B. EldridgeMiddlesex and Worcester2/12/2025James C. Arena-DeRosa8th Middlesex2/12/2025Natalie M. Blais1st Franklin2/12/2025Chynah Tyler7th Suffolk2/18/2025Joan Meschino3rd Plymouth2/19/2025Norman J. Orrall12th Bristol3/4/2025Rob Consalvo14th Suffolk3/4/2025James Arciero2nd Middlesex3/4/2025 2 of 2
16	16	Kevin G. Honan17th Suffolk3/4/2025Manny Cruz7th Essex3/4/2025Bruce E. TarrFirst Essex and Middlesex3/4/2025Brian M. Ashe2nd Hampden3/4/2025Thomas W. MoakleyBarnstable, Dukes and Nantucket3/5/2025Hadley Luddy4th Barnstable3/5/2025Patrick Joseph Kearney4th Plymouth3/12/2025 1 of 6
17	17	HOUSE DOCKET, NO. 1043 FILED ON: 1/14/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 565
19	19	By Representatives Duffy of Holyoke and Vargas of Haverhill, a petition (accompanied by bill,
20	20	House, No. 565) of Patricia A. Duffy, Andres X. Vargas and others relative to farm and school
21	21	partnerships in school meals. Education.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act establishing the Massachusetts farm to school program.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 69 of the General Laws is hereby amended by adding the following
31	31	2section:-
32	32	3 Section 38. (a) (1) The department of elementary and secondary education shall
33	33	4administer a Massachusetts Farm to School Program, consisting of a grant program and a local
34	34	5food incentive, with the aim of strengthening the commonwealth’s food and agriculture
35	35	6economy, improving student health and nutrition and building food literacy amongst students.
36	36	7The program shall build the capacity of primary and secondary schools and licensed childcare
37	37	8programs to purchase ingredients grown, raised, caught and processed in Massachusetts and
38	38	9other states in the New England region or the state of New York, prepare scratch-cooked meals
39	39	10and provide food literacy education to students, including, but not limited to, curriculum on the
40	40	11food system and the use of experiential and garden-based learning. 2 of 6
41	41	12 (2) The department shall establish an advisory committee to advise the department on the
42	42	13development and administration of the Farm to School Program. The council shall include a
43	43	14representative from each of the following groups: the department of agricultural resources, the
44	44	15department of early education and care, the division of marine fisheries, Massachusetts Farm to
45	45	16School, and the School Nutrition Association of Massachusetts, Inc., and a geographically and
46	46	17demographically diverse group of stakeholders appointed by the commissioner.
47	47	18 (3) The department shall employ a full time program coordinator for the Farm to School
48	48	19Program. The responsibilities of the program coordinator shall include:
49	49	20 (i) working with the advisory committee to instruct the department on actions and
50	50	21strategies for establishing and implementing the Massachusetts Farm to School program; (ii)
51	51	22overseeing program implementation; (iii) assessing and building the capacity of interested
52	52	23School Food Authorities and early education and care programs to participate in the program,
53	53	24which may include contracting with public and nonprofit entities to provide technical assistance
54	54	25to school and early education staff, farmers, food distributors and processors; and (iv) ensuring
55	55	26timely reimbursement to participating SFAs and early education and care programs.
56	56	27 (b) (1) The department shall, in consultation with the advisory committee established in
57	57	28subsection (a) of this section, establish a Farm to School grant program to advance the use of
58	58	29local foods in schools and provide food literacy education to students.
59	59	30 (2) To be eligible for grant funding the department shall require that applicants: (i) be a
60	60	31K-12 school or licensed child care program located in the commonwealth; and (ii) provide meals
61	61	32through the National School Lunch Program or the Child and Adult Care Feeding Program. 3 of 6
62	62	33 (3) The grant program shall provide, subject to appropriation, funding for the following
63	63	34local food and food literacy priorities: (i) adequate kitchen equipment used to prepare food for
64	64	35serving in school or early education meals and snacks including, but not limited to, local, fresh
65	65	36produce, meats, seafood and dairy items; (ii) training for kitchen staff in preparing fresh meals
66	66	37using local ingredients and in procuring such ingredients; (iii) training for educators and other
67	67	38school or early education staff in adding or integrating food system lessons to their curriculum;
68	68	39(iv) programming for curricular and extracurricular activities, such as farm field trips and school
69	69	40gardens, for students to learn about agriculture and the food system; and (v) infrastructure for
70	70	41classroom projects related to food literacy such as school gardens or indoor growing systems.
71	71	42 (4) There shall be established and set up on the books of the commonwealth a separate
72	72	43fund, to be administered by the commissioner of the department of elementary and secondary
73	73	44education, which shall be known as the Massachusetts Farm to School Fund. The Fund shall
74	74	45consist of all revenues from public and private sources as appropriations, gifts, grants, donations,
75	75	46reimbursements from the federal government and grants-in-aid or other receipts to further the
76	76	47purposes of the Fund in accordance with this section. Any unexpended funds appropriated for
77	77	48purposes of this section shall not lapse at the end of the fiscal year but shall be available for
78	78	49expenditure during the next fiscal year.
79	79	50 (5) The department, in consultation with the advisory committee, shall promulgate
80	80	51regulations or guidelines to implement the grant program established pursuant to subsection (b)
81	81	52of this section. The regulations or guidelines promulgated by the department shall include
82	82	53eligibility criteria that promotes geographic, social, economic and racial equity in distribution of
83	83	54grant funds. Grants shall be awarded in consultation with the advisory committee. 4 of 6
84	84	55 (c) (1) The department shall, in consultation with the advisory committee established in
85	85	56subsection (a), develop a Massachusetts Local Food Incentive program, to reimburse school food
86	86	57authorities, as defined in 7 CFR 225.2 and hereinafter referred to as SFAs, and licensed early
87	87	58education and care programs participating in the Child and Adult Care Feeding Program, as
88	88	59defined in section 1 of chapter 15D, for money spent to purchase food from local farms, fishers
89	89	60and producers.
90	90	61 (2) School districts participating in the federal National School Lunch Program and
91	91	62licensed early education and care programs participating in the federal Child and Adult Care
92	92	63Feeding Program shall be eligible for participation and reimbursement through the program.
93	93	64Participants in the program shall be reimbursed 1 dollar for every 2 dollars of purchases of
94	94	65products grown, raised or caught in Massachusetts. Participants in the program shall be
95	95	66reimbursed 1 dollar for every 3 dollars of purchases from regional vendors where such product
96	96	67originates within other states in the New England region or the state of New York. Food
97	97	68purchases eligible for reimbursement shall include direct purchases from farms and farmer
98	98	69cooperatives, fishers and fishing cooperatives, food hubs and wholesale distributors. The
99	99	70department shall confirm the place of origin for the products through self-attestation from the
100	100	71originating producer or any other user-friendly means required by the department.
101	101	72 (3) The department, in consultation with the advisory committee, shall promulgate rules
102	102	73relative to the specifications and qualifications for eligible foods for the program including, but
103	103	74not limited to, value-added dairy, unprocessed and lightly processed seafood, pork, beef, poultry,
104	104	75eggs, fruits, vegetables, grains, honey and maple syrup. The department shall encourage
105	105	76purchases of products originating from socially disadvantaged farmers or producers or from
106	106	77small farm or seafood businesses, as documented to participating SFAs or early education and 5 of 6
107	107	78care programs. All food items purchased through the program shall comply with federal Child
108	108	79Nutrition Program guidelines. When developing the rules, the department, in consultation with
109	109	80the advisory committee, shall consider any necessary differences in program administration to
110	110	81ensure equitable participation by early education programs.
111	111	82 (4) The department shall, in consultation with the advisory committee, promulgate
112	112	83regulations to implement the program, which shall include eligibility criteria, promotional and
113	113	84outreach campaigns, identification of product eligibility, sourcing information and guidelines for
114	114	85reimbursement and reporting requirements. The department shall annually determine the
115	115	86maximum funding award per district or early education program based on the annual
116	116	87appropriation level and any available federal funding. The department shall maximize federal
117	117	88financial participation for state expenditures made on behalf of program enrollees and work to
118	118	89ensure any available federal funds are incorporated into existing programs for eligible SFAs and
119	119	90early education programs. The regulations or guidelines promulgated by the department shall
120	120	91promote geographic, social, economic and racial equity in program impact and in distribution of
121	121	92state funds.
122	122	93 (d) The department shall, in consultation with the advisory committee, annually on or
123	123	94before January 31, submit a report of the Massachusetts Farm to School program’s activities and
124	124	95impact to the clerks of the house and the senate, the house and senate committees on ways and
125	125	96means, the joint committee on education and the joint committee on agriculture. To write this
126	126	97report, the department shall, in consultation with the advisory committee, develop a survey on
127	127	98the grant program and the local food incentive to be distributed annually to participating school
128	128	99districts and early education programs in order to collect data to document the impacts of the
129	129	100program and any challenges, including additional staffing or training needs. The annual report 6 of 6
130	130	101shall describe the program’s impacts including, but not limited to: (i) testimonials from students,
131	131	102teachers and staff at participating schools and early education programs and participating
132	132	103producers and food businesses; (ii) the number of impacted students in participating schools and
133	133	104early education programs; (iii) the number of new or expanded school gardens; (iv) the value of
134	134	105food purchased through the incentive program, including a breakdown of the number, business
135	135	106type and geographic location of participating farms, producers and food businesses; and (v)
136	136	107analysis of the current unmet need for the program and what financial and other resources are
137	137	108needed to meet said needs.
138	138	109 SECTION 2. The department of elementary and secondary education shall promulgate
139	139	110regulations pursuant to the program set forth in section 1 within 180 days of the effective date of
140	140	111this act.