An Act relative to expanding pathogen testing capabilities for aquaculture

194th Legislature (2025-2026) Introduced by Chris Flanagan

The bill would require Massachusetts to test for campylobacter in water and various food products, including shellfish, and allow cost-based fees and regulatory rules.

Accompanied a study order, see H5234

Overview

H.3958, introduced March 31, 2025 by Representative Christopher Richard Flanagan (Dennis, 1st Barnstable), seeks to expand Massachusetts’ pathogen testing capabilities under Chapter 111 of the General Laws. The bill adds a new section (Section 195A) that requires the state to test for campylobacter in several food-related matrices and provides the Department of Public Health with regulatory authority to implement these provisions. The bill’s stated aim is to broaden pathogen testing capabilities relevant to aquaculture.

Key Provisions

Insertion of new Section 195A into Chapter 111:

(a) Testing responsibility: The commissioner shall conduct testing for the presence of campylobacter in water, poultry, produce, dairy products, shellfish, and other food products. The department is required to analyze tests and samples submitted to it.
Fees: The department may charge for these testing services a fee not greater than the actual cost to the department of providing the service.
(b) Regulations: The commissioner may promulgate regulations, under Chapter 30A, necessary to implement Section 195A.

Scope includes aquaculture-related contexts (notably shellfish) through the emphasis on campylobacter testing in food and water associated with aquaculture activities.

Scope and Impact

Affected entities:

Commonwealth of Massachusetts Department of Public Health (the commissioner and department staff).
Food producers and processors involved with water, poultry, produce, dairy, shellfish, and other food products that fall within testing scope.
Aquaculture operations, especially those involving shellfish and other water-based food products, which would be subject to expanded testing requirements or processes.

Policy effect:

Establishes a centralized testing mandate for campylobacter across multiple food-related sectors.
Creates a potential cost-recovery mechanism for the state via fees charged for testing services, capped at cost.
Enables the agency to issue regulations to coordinate testing methods, submission processes, reporting, and enforcement.

Procedural and Timeline Details

Legislative status:

Referred to the Committee on Public Health on March 31, 2025.
Senate concurrence noted on April 3, 2025.

Hearing timetable:

Original hearing: scheduled for September 10, 2025 (10:00 AM–1:00/1:35 PM, depending on updates) in Boston, with a virtual component.
Latest updates show a hearing rescheduled to September 10, 2025, with the end time adjusted (new end time noted in updates).

Related bills:

HD 2006 (the House Docket number for this bill) is listed as replacing the prior version.

Sponsor:

Representative Christopher Flanagan (Dennis).

Next Steps for Interested Parties

Monitor official hearing notices for the Public Health Committee to note the exact agenda, witnesses, and any amendments.

If enacted, prepare for implementation details via regulations under Chapter 30A, including testing protocols, fee structures, and submission processes.

Stakeholders in aquaculture and shellfish industries should review potential impacts on testing costs, reporting requirements, and compliance timelines once regulations are promulgated.

Note: This summary reflects the text of the bill as introduced and subsequent status updates up to the latest hearing notices.

Bill