SENATE DOCKET, NO. 1601        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1268

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Adam G. Hinds

_________________

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 relative to agricultural commission input on board of health regulations.

_______________

PETITION OF:

 

Name:

District/Address:

 

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

 

Angelo J. Puppolo, Jr.

12th Hampden

1/23/2019

Mary S. Keefe

15th Worcester

1/24/2019

Susannah M. Whipps

2nd Franklin

1/28/2019

Susan Williams Gifford

2nd Plymouth

1/28/2019

David F. DeCoste

5th Plymouth

1/29/2019

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

1/29/2019

Daniel M. Donahue

16th Worcester

1/29/2019

Norman J. Orrall

12th Bristol

1/30/2019

Steven S. Howitt

4th Bristol

1/30/2019

Bruce E. Tarr

First Essex and Middlesex

2/1/2019

Hannah Kane

11th Worcester

2/1/2019


SENATE DOCKET, NO. 1601        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1268

By Mr. Hinds, a petition (accompanied by bill, Senate, No. 1268) of Adam G. Hinds, Angelo J. Puppolo, Jr., Mary S. Keefe, Susannah M. Whipps and other members of the General Court for legislation relative to agricultural commission input on board of health regulations.  Public Health.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2465 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to agricultural commission input on board of health regulations.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 17A Section 31 of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking the second paragraph and inserting in place thereof the following new paragraphs:-

In a municipality with a municipal agricultural commission, established pursuant to section 8L of chapter 40, the board of health shall, prior to enacting any regulations that impact farmers markets as defined in 105 CMR 590.001, farms as defined in section 1A of chapter 128, and the non-commercial keeping of poultry, livestock, and bees as well as non-commercial production of fruit, vegetables and horticultural plants, shall provide the municipal agricultural commission with a copy of the proposed regulation. The municipal agricultural commission shall have a 45-day review period, during which the commission may hold a public meeting, and may provide written comments and recommendations to the board of health relative to the proposed regulations. Upon a majority vote of the members, the agricultural commission may waive the 45-day review period.

If the board of health determines that an emergency exists, the board or its authorized agent, acting in accordance with the provisions of section 30 of chapter 11, may, without notice of a hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as the board of health deems necessary to address the emergency. The board of health shall comply with the local enforcement emergency procedures outlined in 105 CMR 400.200(B).