DEPARTMENT OF FOOD AND AGRICULTURE

M.G.L. pt. Part I, tit. Title II, ch. c. 20

in effect

M.G.L. c. 20, § 1 Department; board of agriculture; membership; meetings; commissioner of agricultural resources; board consultation, review and comment on proposed policies and regulations

c. 20, § 1. Department; board of agriculture; membership; meetings; commissioner of agricultural resources; board consultation, review and comment on proposed policies and regulations Section 1. There shall be a department of agricultural resources under the supervision and control of a board of agriculture. The board shall consist of 13 members to be appointed by the governor, who shall be from diverse geographic regions of the commonwealth and shall represent diverse agricultural operations within the commonwealth. At least 9 members of the board shall be farmers whose principal vocation is the production of food and fiber. Members shall be appointed for terms of 3 years and no member shall serve for more than 2 consecutive terms. The board shall meet at the call of the chair but not fewer than 6 times annually or at the call of the chairman and at such times as shall be determined by its rules or at the request of the commissioner or the call of any 3 members. The chairman shall be annually appointed by a majority of the board present and voting thereon. Board members shall receive $50 for each day or portion thereof spent in the discharge of their official duties not to exceed $600 per year and shall be reimbursed for the travel to and from official board meetings and other expenses necessary to conduct such meetings. There shall be a commissioner of agricultural resources who shall be appointed and may be removed by the secretary of environmental affairs, with the approval of the governor. The commissioner shall have charge of the administration of the department. The department may expend for traveling expenses of its employees incurred in the performance of their official duties and for other necessary expenses of the department, such sums as may be appropriated. The commissioner shall notify and provide the board with an opportunity to consult, review and comment on policies and regulations proposed by the commissioner pursuant to section 23.

M.G.L. c. 20, § 2 Compensation of commissioner

c. 20, § 2. Compensation of commissioner Section 2. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty, and the commissioner shall receive traveling expenses incurred in his official duties, and shall devote his full time during business hours to the duties of his office.

M.G.L. c. 20, § 3 Powers and duties of commissioner

c. 20, § 3. Powers and duties of commissioner Section 3. The commissioner shall be the executive and administrative head of the department and shall have charge of the administration and enforcement of all laws which it is the duty of the department to administer and enforce, and shall direct all inspections and investigations.

M.G.L. c. 20, § 4 Assistant commissioner

c. 20, § 4. Assistant commissioner Section 4. The commissioner, with the approval of the board of food and agriculture, may appoint an assistant commissioner and with like approval may remove him.

M.G.L. c. 20, § 5 Compensation and traveling expenses of assistant commissioner

c. 20, § 5. Compensation and traveling expenses of assistant commissioner Section 5. The position of assistant commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty, and the assistant commissioner shall receive traveling expenses incurred in his official duties, and shall devote his full time during business hours to the duties of his office.

M.G.L. c. 20, § 6 Organization; divisions and bureaus; directors and other personnel

c. 20, § 6. Organization; divisions and bureaus; directors and other personnel Section 6. The commissioner shall organize the department into divisions and bureaus and shall assign to said divisions their functions. The commissioner, with the approval of the board, may appoint a director to each division and a chief to each bureau thereunder, to have charge of the work of the division and the bureau and may, with like approval, remove such directors or chiefs at any time. The compensation of the directors and chiefs shall be fixed by the commissioner with the approval of the board. The commissioner, with the approval of the board, shall appoint such scientific experts as the work of the department may require, and may assign them to divisions, may transfer and remove them, and the provisions of chapter thirty-one shall not apply. He shall, subject to the provisions of said chapter, appoint such inspectors, clerks and other assistants as he may deem necessary.

M.G.L. c. 20, § 6A Intern scholarship program

c. 20, § 6A. Intern scholarship program Section 6A. There shall be established an intern scholarship program which shall be administered by the commissioner. The commissioner, subject to appropriation and grants from other sources, may grant scholarships providing for the payment of room, board, tuition and other fees to any person who is eligible to attend an accredited college or university and who enrolls at such college or university in a course of study leading to a degree in the field of animal health, satisfactory to the commissioner. In no event shall any student receive such scholarship aid for more than four years. To be eligible for such scholarship a person shall (1) be a citizen of the United States and a resident of the commonwealth; (2) be a high school graduate or have an equivalent education; (3) have been accepted for admission as a regular student in an accredited college or university approved by the commissioner to pursue a course of instruction satisfactory to the commissioner; (4) contract, with the consent of his parent or legal guardian if he is a minor, with the commissioner or his designated representative, to serve with the department for a period of three years following his graduation, and to serve with the department during the regular periods of summer vacation while attending such college or university except for such vacation periods as the commissioner may establish by regulation; provided, however, that the department shall not be liable to pay wages to said student during said vacation periods. Service rendered to the department by a recipient of such a scholarship during the three year period following his graduation, and during the regular periods of summer vacation, and such other vacation periods as the commissioner may determine, shall not be subject to the provisions of chapter thirty-one. The commissioner may, subject to available appropriations and grants from other sources, establish within the department a scholarship program of graduate study for eligible persons wishing to attend any accredited graduate program at a college or university satisfactory to the commissioner. The scholarship awards or aid granted by the commissioner under this section shall be on a competitive basis. The commissioner may adopt such rules and regulations as he deems necessary to carry out the programs authorized by this section. Any money expended under authority of this section shall be paid from the Agricultural Purposes Fund.

M.G.L. c. 20, § 6B Equine advisory committee; members; terms

c. 20, § 6B. Equine advisory committee; members; terms Section 6B. There shall be in the department a committee to be known as the equine advisory committee which shall consist of seven members to be appointed by the commissioner. Two members shall be nominated by the Massachusetts Farm Bureau Federation, one by the Massachusetts Association of Stable Owners, Operators and Instructors, one by the Massachusetts Horsemen's Council, one by the Yankee Draft Horse Association, and one each representing the standardbred and thoroughbred breeding industry in the commonwealth. Of the members first appointed hereunder, one shall be appointed for a term of one year, two for a term of two years, one for a term of three years, two for a term of four years, and one for a term of five years, and until the qualification of their respective successors. Upon the expiration of the term of any member, his successor shall be appointed in like manner for a term of five years. The committee shall elect its own chairman and clerk, and shall keep accurate records of its meetings. The members of the committee shall serve without compensation and shall meet at least annually to advise the commissioner on matters related to the viability of equine agriculture in the commonwealth.

M.G.L. c. 20, § 6C Massachusetts food policy council

c. 20, § 6C. Massachusetts food policy council Section 6C. (a) There shall be established a Massachusetts food policy council, hereinafter referred to as the council. The council shall consist of 18 members, 1 of whom shall be a member of the house of representatives; 1 of whom shall be a member of the senate; 1 of whom shall be a member of the house of representatives who shall be appointed by the minority leader of the house of representatives; 1 of whom shall be a member of the senate who shall be appointed by the minority leader of the senate; 1 of whom shall be the commissioner of agricultural resources, or the commissioner's designee; 1 of whom shall be the commissioner of public health, or the commissioner's designee; 1 of whom shall be the commissioner of elementary and secondary education, or the commissioner's designee; 1 of whom shall be the commissioner of environmental protection, or the commissioner's designee; 1 of whom shall be the commissioner of transitional assistance or the commissioner's designee; 1 of whom shall be the secretary of economic development, or the secretary's designee; 1 of whom shall be an expert in healthy soils practices as defined in section 7A of chapter 128, appointed by the secretary of energy and environmental affairs; and 7 of whom shall be appointed by the governor, 1 of whom shall be a farmer or representative of a farm organization, 1 of whom shall represent food distribution, processing and marketing interests, 1 of whom shall represent direct-to-consumer marketing efforts, 1 of whom shall represent a local health department addressing food safety and nutrition, 1 of whom shall be an expert in food safety, 1 of whom shall be an expert in food processing and handling and 1 of whom shall represent community-based efforts addressing nutrition and public health. (b) Members of the council shall be appointed for terms of 3 years or until a successor is appointed. Members shall be eligible for reappointment. The chair of the council shall be elected by the members of the council for a term not to exceed 2 years. In the event of a vacancy, the original appointing authority shall, within 60 days of the occurrence of a vacancy, appoint a new member in accordance with subsection (a) to fulfill the remainder of the unexpired term. Members of the council shall serve without compensation. The council may request administrative support from the department. (c) The council shall have an advisory committee. The council shall appoint members to the advisory committee and the committee shall include, but not be limited to, the following members: 2 of whom shall be active farmers or who shall represent farmer associations; 1 of whom shall represent an organization engaged in farmland protection and conservation; 1 of whom shall represent an organization engaged in developing new farm businesses, urban and community supported agriculture, community gardening, immigrant and refugee farming or youth education through agriculture; 1 of whom shall represent the cooperative extension service at the University of Massachusetts at Amherst; 1 of whom shall represent food distribution, processing and marketing interests; 1 of whom shall represent a school of nutrition or public health; 1 of whom shall represent a community-based coalition or health care provider addressing obesity and chronic disease; 1 of whom shall represent citizens in need of transitional assistance; and 1 of whom shall represent an anti-hunger organization. The council may create other committees as it deems necessary to carry out the purpose of this section. The advisory committee and any other committees shall serve at the direction of the council. (d)(1) The purpose of the council shall be to develop recommendations to advance the following food system goals for the commonwealth: (A) increased production, sales and consumption of Massachusetts-grown foods, particularly those foods produced using healthy soils practices as defined in section 7A of chapter 128; (B) the development and promotion of programs that deliver healthy Massachusetts-grown foods to Massachusetts residents, through programs such as: (i) targeted state subsidies; (ii) increased state purchasing of local products for school and summer meals and other child and adult care programs; (iii) double coupon initiatives; (iv) direct market subsidies to communities with identified needs; (v) increased institutional purchases of Massachusetts-grown foods and other programs to make access to healthy Massachusetts products affordable, and (vi) increased access to healthy Massachusetts-grown foods in communities with disproportionate burdens of obesity and chronic diseases; (C) the protection of the land and water resources required for sustained local food production, particularly through practices that promote healthy soils as defined in section 7A of chapter 128; and (D) the training, retention and recruitment of farmers and providing for the continued economic viability of local food production, processing and distribution in the commonwealth. (2) Recommendations the council shall consider shall include, but shall not be limited to, methods by which the following may contribute to achieving the food system goals: (i) increased collaboration and communication between state agencies; (ii) increased collaboration and communication between state and federal agencies; (iii) innovative public-private partnerships; (iv) institutional purchasing agreements; (v) changes to state or federal laws or regulations; (vi) changes in the manner in which state and federal programs are implemented; and (7) additional federal, state, local or private investments. (3) Recommendations of the council shall include benchmarks and criteria for measuring progress towards achieving each goal. In developing its recommendations, the council shall solicit public input through public hearings or informational sessions. The council may conduct research and analysis as needed and invite additional stakeholder participation through its advisory committee or other committees to address issues identified by the council as requiring further study or particular expertise. The council shall review progress made on each of its recommendations based upon the benchmarks and criteria developed. (4) The council may accept and expend funds for projects consistent with its purpose, including but not limited to, the development of a strategic food policy plan. Such funds shall be administered by the department of agricultural resources. (e) The council shall submit an annual report of its findings, conclusions, proposals, recommendations and progress towards reaching benchmarks provided in subsection (d) not later than December 31. The report shall be submitted to the governor, the president of the senate, the speaker of the house, the chairs of the joint committee on public health, the chairs of the joint committee on environment, natural resources and agriculture, the clerk of the house of representatives and the clerk of the senate. (f) The council shall meet periodically at the call of the chair, but not less than 4 times annually. All meetings shall be public. (g) The council shall keep a public record of all meetings, votes and other business.

M.G.L. c. 20, § 19 Appeal

c. 20, § 19. Appeal Section 19. Any person aggrieved by a decision of the commissioner may, within ten days after such decision, appeal therefrom, by petition to the superior court in the county he resides in, or the county of Suffolk. The court shall hear such petitions speedily in accordance with the usual course of procedure in equity, and may affirm, modify or revoke such decision.

M.G.L. c. 20, § 22 Non-development covenants

c. 20, § 22. Non-development covenants Section 22. Notwithstanding the requirements of sections forty F to forty I, inclusive, of chapter seven, the department may acquire non-development covenants for terms of limited duration. The department shall adopt regulations to carry out the provisions of this section. Non-development covenants for terms of limited duration shall be exempt from any regulations that require an appraisal, an environmental site assessment and a survey. The department may require other expedited requirements appropriate for the duration of the non-development covenant.

M.G.L. c. 20, § 23 Program to assist in acquisition of agricultural preservation restrictions

c. 20, § 23. Program to assist in acquisition of agricultural preservation restrictions Section 23. (a) The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of agricultural preservation restrictions as defined in section 31 of chapter 184, for land actively devoted to agricultural or horticultural uses pursuant to sections 1 to 5, inclusive, of chapter 61A. The commissioner of agricultural resources may, from funds appropriated to carry out this section or from funds received from other sources, pay an agricultural land owner for a project submitted by a city or town and approved by the agricultural lands preservation committee established in section 24 such amount as is determined by the committee to be equitable in consideration of anticipated benefits from such project but not to exceed the difference between the fair market value of the land and the fair market value of the land restricted for agricultural purposes pursuant to this section. Title to agricultural preservation restrictions shall be held in the name of the commonwealth; provided, however, that a city or town in which such land is located which provides assistance satisfactory to the committee including, but not limited to, providing funds or portions thereof toward the purchase of such restriction, providing legal services and the enforcement of the preservation restriction shall hold title to such land jointly with the commonwealth. Projects shall be administered by agricultural commissions or conservation commissions in cities and towns in which such commissions have been established or, in a city, by the city council or its delegated agency subject to the city charter or, in a town, by the board of selectmen or its delegated agency. The commissioner of agricultural resources shall, subject to the approval of the agricultural lands preservation committee established in section 24 and in consultation with the board of agriculture established in section 1, establish policies and promulgate regulations for the management and oversight of the program to assist the commonwealth in the acquisition of agricultural preservation restrictions. The commissioner shall promulgate regulations pursuant to this section in accordance with section 2 of chapter 30A, including the requirement that a public hearing be held. The regulations shall, at a minimum establish: (i) criteria for when the department may exercise a right of first refusal, option to purchase at fair market agricultural value or other similar right contained in an agricultural preservation restriction as held by the commonwealth; (ii) a process and guidelines for conferences as required in this subsection; and (iii) a process for waiver requests pursuant to subsection (d). As a condition of an agricultural preservation restriction acquired under this section, the owner of land subject to such a restriction held by the commonwealth shall be required to participate in a conference with the department to discuss, and for the department to explain, the terms and conditions of the agricultural preservation restriction. If the landowner intends to sell the land subject to the restriction, the landowner, department and proposed purchaser shall, prior to submission of the requisite notice of intent to sell, participate in a conference to discuss the requirements under this section and the requirements of any requests for waivers of the department's right to exercise or assign a right to acquire an interest in land through a right of first refusal, option to purchase at fair market agricultural value or other similar right contained in the agricultural preservation restriction. A conference held in accordance with this section shall occur on the parcel of land subject to the restriction under consideration or in a manner and time agreed upon by the landowner, proposed purchaser of the land and the department. Following submission of a notice of intent to sell, the department may communicate directly with the landowner or seek an additional conference with the landowner and proposed purchaser to clarify any element of the landowner's notice of intent to sell and waiver request. The department shall review, once every 3 years and in consultation with the board of agriculture and the agricultural lands preservation committee, all existing guidance, policies, procedures and regulations relative to the management and oversight of the program pursuant to this section and propose updates to the guidance, policies, procedures or regulations that are necessary to improve and modernize the management of the program. This review shall include regional public hearings to assess the effectiveness of the program and existing guidance, policies, procedures and regulations. The department shall make a good faith effort to mail a copy of any guidance, policies, procedures or regulations, whether proposed or promulgated under this section, to all owners of land subject to agricultural preservation restrictions held by the commonwealth not less than 21 days prior to the date of a public hearing. (b)(1) Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the discretion of the department, be renewed; (iii) the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth; and (iv) the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form utilized by the commonwealth at the time of application for the special permit. In making the determination, the department shall consider the long-term productivity of the agricultural resource and the sustainability of the farm enterprise. (2) Notwithstanding paragraph (1), the department may approve a special permit for a trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is issued to a permit holder for a 1–year trial period, the department shall notify the special permit holder not later than 90 days before the end of the 1–year trial period of the department's decision to renew, revoke or amend the permit. If the department fails to notify the special permit holder of its decision to renew, revoke or amend the special permit, the special permit shall automatically be renewed for a period of 5 years. (c) Any applicant aggrieved by a decision of the department denying a request for a certificate of approval for agricultural activities or structures or any owner of land subject to an agricultural preservation restriction aggrieved by a decision of the department relative to a special permit authorized pursuant to subsection (b), or any landowner of land subject to an agricultural preservation restriction who is subject to and aggrieved by a decision of the department to exercise or assign a right to acquire an interest in land through an option to purchase at fair market agricultural value, a right of first refusal or other similar right for land subject to an agricultural preservation restriction as held by the commonwealth on their land may request an adjudicatory hearing under chapter 30A before the agricultural lands preservation committee. The determination of the department shall contain a notice of a right to request a hearing and may specify a time limit, not to exceed 21 days, within which the applicant may request a hearing before the committee under said chapter 30A. If a timely request is received, the committee shall, within a reasonable time, hold a hearing in compliance with said chapter 30A. The committee shall designate a hearing officer to preside over the hearing, to assemble an official record of the hearing and to render a written decision which shall be submitted to the committee. The committee shall make the final decision. The department shall notify the aggrieved landowner in writing by certified mail of the determination not more than 3 business days after a determination made by the department under this subsection to exercise or assign a right of first refusal, an option to purchase at fair market agricultural value or other similar right contained in the agricultural preservation restriction. The department's notice shall include notice of a right to request a hearing at which the aggrieved landowner may, not more than 10 business days after receipt of such determination by the department, request a hearing before the committee under chapter 30A. If a timely request is received, the committee shall, within a reasonable time, hold a hearing in compliance with said chapter 30A. The committee shall designate a hearing officer to preside over the hearing, to assemble an official record of the hearing and to render a written decision that shall be submitted to the committee. The committee shall make the final decision not more than 15 business days after holding a hearing. If the time period established in the agricultural preservation restriction for the department to exercise its right of first refusal, option to purchase at fair market agricultural value or other similar right, together with the time period established for the department to complete the underlying land sale if the above rights are assigned, is less than 90 days in total, the landowner's right to a hearing is conditioned upon written consent by the landowner to extend the time period to allow for completion of the hearing and for the department to finalize a sale should the department prevail in the hearing. Such consent shall have the effect of modifying the time periods set forth in the recorded agricultural preservation restriction but shall not affect the parties' rights in any other manner. (d) The department shall waive its rights under this section to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at fair market agricultural value or other similar right contained if a landowner of land subject to an agricultural preservation restriction held by the commonwealth has received a good faith offer, including a certified copy of an executed purchase and sale agreement, for a fixed consideration payable upon delivery of the deed for land subject to an agricultural preservation restriction from a farmer who, at a minimum: (i) has engaged in active commercial agriculture for not less than 2 years immediately prior to the date of the request for a waiver under this section; (ii) submits a proposed farm business plan to the department that includes the proposed purchase price and demonstrates how the buyer will continue to engage in commercial agriculture to retain and use the land primarily and directly for agricultural purposes pursuant to sections 1 and 2 of chapter 61A and preserve the natural agricultural resources for a period of not less than 5 years after the date of sale; and (iii) has no prior record of a violation of the written agreement or terms of any agricultural preservation restriction held by the commonwealth; provided, however, that the department shall require any proposed farm business plan submitted pursuant to clause (ii) to include a written justification for the proposed purchase price if the price proposed for the purchase of the subject land is 20 per cent or more than the fair market agricultural value of the land; provided further, that the department may waive the requirements of clause (iii) if the violation is deemed minor by the department; and provided further, that any person, party or entity who is subject to and aggrieved by a decision of the department not to waive its rights under this section may appeal to the agricultural lands preservation committee pursuant to the process set forth in subsection (c). The department, in consultation with the agricultural lands preservation committee and the board of agriculture, shall establish benchmarks and criteria to be used to evaluate and measure a farm business plan submitted by a farmer as part of any waiver request in accordance with this section. (e) Where an agricultural preservation restriction acquired and held by the commonwealth gives the department the authority to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at agricultural value or other similar right, the landowner shall have the right to withdraw the landowner's notice of intent to sell at any point prior to the department's exercise or assignment of the option to purchase at agricultural value or right of first refusal. A landowner's decision to withdraw a notice of intent to sell shall not affect a landowner's right or obligation to submit to the department any future offer to purchase said land. (f) Nothing in this section shall be construed as requiring the department to include a right of first refusal, an option to purchase at agricultural value or other similar right when acquiring an agricultural preservation restriction.

M.G.L. c. 20, § 24 Agricultural lands preservation committee

c. 20, § 24. Agricultural lands preservation committee Section 24. (a) There shall be an agricultural lands preservation committee in the department of agricultural resources. The committee shall consist of the commissioner of agricultural resources, who shall be the chair, the secretary of environmental affairs, the secretary of housing and livable communities, an appointee from the Center for Agriculture, Food and the Environment at the University of Massachusetts at Amherst, the chair of the board of agricultural resources or their respective designees and 6 persons to be appointed by the governor, 4 of whom shall be owners and operators of farms within the commonwealth, 1 of whom shall be a representative of a farm advocacy organization and 1 of whom shall be a representative of a land trust organization. Members appointed by the governor shall receive $50 for each day or portion of a day spent in the discharge of their official duties not to exceed $600 annually and shall be reimbursed for the necessary expenses incurred. The state conservationist of the United States Department of Agriculture Natural Resources Conservation Service shall serve as a nonvoting member. (b) The committee shall evaluate and accept or reject projects submitted by municipalities. In making such evaluation, the committee shall consider at least the following: (i) the suitability of land as to soil classification and other criteria for agricultural use; (ii) the fair market value of the land and the fair market value of the land when used for agricultural purposes as determined by independent appraisals; and (iii) the degree to which the acquisition would serve to preserve the agricultural potential of the commonwealth. (c) The commissioner of agricultural resources, subject to the approval of the committee, may establish such rules and regulations as may be deemed necessary to carry out this section. The committee may also provide advice to the commissioner on department policies. (d) Each member of the committee appointed by the governor shall be appointed for a term of 4 years and shall serve until the member's successor is appointed and qualified. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the member creating the vacancy. Members shall be eligible for reappointment.

M.G.L. c. 20, § 25 Annual report of agricultural lands preservation committee

c. 20, § 25. Annual report of agricultural lands preservation committee Section 25. The agricultural lands preservation committee shall prepare an annual report. The report shall include the number and geographic distribution of applications accepted and rejected, the acreage and costs of purchases, and such other information as will enable the program to be evaluated.

M.G.L. c. 20, § 26 Property tax assessment of land under agricultural preservation restrictions

c. 20, § 26. Property tax assessment of land under agricultural preservation restrictions Section 26. Land under agricultural preservation restrictions, while actively devoted to agricultural, horticultural or agricultural and horticultural use as defined in sections 1 to 5, inclusive, of chapter 61A, shall be assessed for general property tax purposes at values no greater than those determined by the methods and provisions of section 10 of said chapter 61A.

M.G.L. c. 20, § 27 Farm viability technical assistance and implementation funding

c. 20, § 27. Farm viability technical assistance and implementation funding Section 27. Notwithstanding any general or special law to the contrary, the department may offer farm viability technical assistance and implementation funding to an owner of land subject to an agricultural preservation restriction, as defined by section 31 of chapter 184 if such owner demonstrates, in the case of implementation funding, that: the implementation shall improve the economic viability of the farm; retain or create private sector jobs and tax revenue either directly or indirectly associated with a farm business; improve farm productivity and competitiveness; expand farm facilities as part of a modernization or business plan; support renewable energy or environmental remediation projects on farms; or expand and support markets and infrastructure to strengthen the farming industry. The department shall adopt regulations to carry out this section.

M.G.L. c. 20, § 28 Linked loan program; definitions applicable to this section and Sec. 29

c. 20, § 28. Linked loan program; definitions applicable to this section and Sec. 29 Section 28. (a) For the purposes of this section and section 29, the following words and phrases shall have the following meanings:— ''Agriculture'', farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer. ''Eligible borrower'', any farmer who is a resident of the commonwealth and is at least 18 years of age. A borrower who is otherwise eligible shall not be eligible if such borrower is party to a pending legal or administrative action, including a contested case proceeding, related to an alleged violation involving animal feeding or care as regulated by the department of agricultural resources, whether the pending action is brought by the department or the attorney general. ''Eligible project'', a project on a farm that will improve the economic viability of Massachusetts farms, retain or create private sector jobs, improve Massachusetts farm productivity and competitiveness, expand farm facilities as part of a modernization plan, support environmental projects on farms or expand and support markets and infrastructure to strengthen the farming industry. ''Farm'', a body of land devoted to agriculture. ''Farmer'', a person engaged in agriculture as herein defined, or on a farm, as an incident to or in conjunction with, such agricultural operations, including preparations for market, delivery to storage, or to market, or to carriers for transportation to market. (b) There shall be a linked loan program established by the department for the purposes of making linked loans to eligible borrowers. The commissioner shall administer the program and may, in consultation with the secretary of administration and finance, promulgate rules and regulations governing loan applications and the use of program funds for eligible borrowers. In implementing the program, the commissioner shall utilize linked investments with farm credit institutions or linked deposits with other approved commercial bank agricultural lenders. The commissioner shall enter into agreements and place investments with approved lenders to carry out the purposes of the program. The term of the linked investment and linked loan shall be for a period of not more than 4 years. The commissioner shall have the discretion to determine the amount of the loan available to an eligible borrower but no linked loan shall exceed $500,000. The total amount available for the linked loan program shall not exceed $25,000,000 over the life of the program. The commissioner shall disseminate information regarding the linked loan program to eligible borrowers.

M.G.L. c. 20, § 29 Farm Capital Linked Loan Fund

c. 20, § 29. Farm Capital Linked Loan Fund Section 29. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Farm Capital Linked Loan Fund, consisting of revenues received under subsection (b) of section 28, including any interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or source pursuant to law. Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. The fund shall be held and applied by the commissioner to make qualified linked loans pursuant to said subsection (b) of said section 28. The books and records of the Farm Preservation Linked Loan Fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.

M.G.L. c. 20, § 30 Massachusetts dairy promotion board; membership; assessment and collection of fee upon milk delivered by producers; audit

c. 20, § 30. Massachusetts dairy promotion board; membership; assessment and collection of fee upon milk delivered by producers; audit Section 30. (a) There shall be established a Massachusetts dairy promotion board which shall consist of 9 members: 1 of whom shall be the secretary of administration and finance or his designee; 1 of whom shall be the commissioner of the department of agricultural resources or his designee, who shall serve as chair; and 7 members to be appointed by the commissioner, 1 of whom shall be selected from a list of 3 individuals nominated by the Massachusetts Cooperative of Milk Producers Federation; 1 of whom shall be a Massachusetts producer dealer selected from a list of 3 individuals nominated by the New England Producer Handlers Association; 2 of whom shall be selected from a list of 5 individuals nominated by the Massachusetts Association of Dairy Farmers; 2 of whom shall be selected from a list of 5 individuals nominated by Agri-mark Cooperative; and 1 of whom shall be selected from a list of 3 individuals nominated by the Massachusetts Food Association. Each member shall serve a term of 3 years. Any person appointed to fill a vacancy shall be appointed in a like manner and shall serve for only the unexpired term of such director. Any member shall be eligible for reappointment. A producer member who changes the geographic market into which the member sells milk or who ceases the production of milk in the commonwealth shall be considered to have vacated membership if the change or cessation continues in excess of 3 months. A majority of the members of the board shall constitute a quorum and the affirmative vote of at least a majority of members present at a meeting shall be required to transact business and carry out the purpose of the board. The members of the board shall serve without compensation, but each member shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of his official duties. (b) The board shall develop programs and policies with the objective of increasing the consumption of Massachusetts dairy products. The programs and policies may include, but shall not be limited to, promotional activities such as paid advertising, sales promotion and publicity to advance the image and sales of, and demand for: Massachusetts dairy products generally; research activities including, but not limited to, studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and dairy products and other related efforts to expand demand for dairy products; and education which includes those activities intended to broaden the understanding of sound nutritional principles, including the role of milk and dairy products in a balanced diet. (c) The board shall adopt rules, regulations or guidelines necessary to carry out this section, and may authorize the commissioner to administer any programs as determined by the board to carry out its purposes. (d) The board shall assess a fee of 10 cents per hundredweight upon milk delivered by Massachusetts milk producers or such fee that is commensurate with the credit allowed for producer contributions to state qualified programs under the Dairy Production Stabilization Act of 1983, codified at 7 U.S.C. section 4504 (g) as amended. The fee shall be collected as follows: (1) a dealer who purchases milk directly from producers shall withhold from each Massachusetts milk producer a fee of 10 cents per hundredweight on all milk produced and shall forward that fee to the board not later than the last day of the month following the month in which the milk was produced; and (2) all producer dealers shall pay to the board a fee of 10 cents per hundredweight on all milk produced by the producer dealer not later than the last day of the month following the month in which the milk was produced. All monies collected pursuant to this subsection shall be deposited into the dairy promotion trust fund established by section 48A of chapter 10. (e) The board may receive and expend funds from any source, public or private, to carry out the purposes of this section. The monies collected and deposited into the Dairy Promotion Trust Fund established under section 31 shall be controlled exclusively by the board subject to an annual spending plan that shall be approved by the secretary of administration and finance. (f) The board shall keep books, records and accounts of all its activities, which shall be open to inspection. The books and records of the board shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary. The state auditor shall present the results of the audit to the board, the commissioner, the state treasurer and the house and senate committees on ways and means. The board shall also prepare an annual report that shall include: a summary of all receipts and expenditures, including expenditures for specific promotional, educational or research programs; a description of the various promotional, educational or research programs operated, contracted or sponsored by the board; and a directory of current board members, including their affiliation and term of office thereof and shall provide a copy of the annual report to the house and senate committee on ways and means and the executive office of administration and finance.

M.G.L. c. 20, § 31 Dairy Promotion Trust Fund

c. 20, § 31. Dairy Promotion Trust Fund Section 31. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Dairy Promotion Trust Fund, consisting of revenues received pursuant to subsection (d) of section 30, including any interest or investment earnings on such monies and all other monies credited or transferred thereto from any other fund or source pursuant to law. Any unexpended balance in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. The dairy promotion board, established in subsection (a) of section 30, shall have exclusive authority to receive, deposit, invest and expend monies pursuant to section 30. The books and records of the Dairy Promotion Trust Fund shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary.

M.G.L. c. 20, § 32 Agricultural Inspection and Infrastructure Trust Fund

c. 20, § 32. Agricultural Inspection and Infrastructure Trust Fund Section 32. There shall be established and set upon the books of the commonwealth an Agricultural Inspection and Infrastructure Trust Fund, consisting of: (i) fee revenues from apiary inspections under sections 32 and 35 of chapter 128, poultry inspections under section 124 of chapter 94, registration of animal rescue and shelter operations under section 39A of chapter 129 and registration of pesticide companies; (ii) interest or investment earnings on such monies; and (iii) all other monies credited or transferred to the fund by law. The commissioner shall be the trustee of the fund and may expend monies in the fund without further appropriation for programs and costs related to the following: (1) sections 32 to 38, inclusive, and sections 64 and 65 inclusive of chapter 128; (2) the integrated pest management program established in chapter 132B and in chapter 85 of the acts of 2000; (3) spay and neuter programs and animal rescue and shelter programs established under section 139A of chapter 140; (4) poultry testing programs established in 330 CMR 5.00 seq; and (5) the Agricultural Innovation Center. Any unexpended balance in the fund at the end of the fiscal year, not to exceed $200,000, shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

M.G.L. c. 20, § 33 Program to acquire lands and waters for protect and conserve land to further mission of the department of agricultural resources

c. 20, § 33. Program to acquire lands and waters for protect and conserve land to further mission of the department of agricultural resources Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the mission of the department of the agricultural resources including, but not limited to, retaining land for farming or agriculture as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands. The commissioner of agricultural resources may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition by the department of real estate owned by the landowner in such amount as determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with any land acquisition regulations of the department. The commissioner may use department funds to create, replace and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department's mission. The department may lease, license or otherwise manage these lands as it deems necessary to implement this section and carry out the department's mission and goals. Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department. The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained under this section. The department may dispose of any such real estate as permitted under section 5A of chapter 3 with a two thirds vote of the general court or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest, including through an agricultural preservation restriction to the commonwealth or other qualified conservation entity. [The Department of Environmental Management was changed to the Department of Conservation and Recreation by 2008, 451, Sec. 33.]

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter20Fetched: 10/20/2026