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H 1882

An Act to promote free tastings of homemade products at farmer's markets

194th Legislature (2025-2026) Introduced by Paul McMurtry

The bill grants vendors at Massachusetts farmers’ markets immunity from liability when offering taste samples of homemade or homegrown products.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1882

Summary of H.1882: An Act to promote free tastings of homemade products at farmer's markets

Purpose

This bill would create a legal immunity for vendors who offer taste samples of homemade or homegrown products at public farmers’ markets and farm stands in Massachusetts. The intent is to encourage sampling to promote small-scale, homemade or homegrown goods without exposing sellers to liability for those tasting activities.

Key provisions

  • Amends Section 10 of Chapter 40 of the General Laws by adding a new paragraph.
  • Scope: Applies to any person who displays, exhibits, or sells homemade or homegrown products or produce within the Commonwealth at public farmers’ markets and farm stands.
  • Immunity from liability: Such persons would be “allowed to provide customers with taste samples of their products without incurring any liability.”
  • Sanitary health codes: The bill states that conformity to sanitary health codes and requirements (e.g., sinks and heating apparatus) shall not be applicable under this paragraph for tastings.
  • Language focus: The change is specifically about tastings related to homemade/homegrown products and does not address other regulatory requirements beyond the stated immunity for tasting activities.

Affected parties

  • Primary: Vendors and vendors’ staff who sell or display homemade or homegrown products at farmers’ markets and farm stands.
  • Secondary: Market organizers, customers who sample products, and local health/regulatory authorities overseeing market operations.

Legislative history and timeline

  • Introduced: February 27, 2025.
  • Referred to the Judiciary Committee: February 27, 2025.
  • Senate concurrence: Noted as having occurred on February 27, 2025 (per Legislative Actions), indicating alignment with Senate actions on the bill’s trajectory.
  • Hearing: Scheduled for October 21, 2025, from 1:00 PM to 5:00 PM, in room A-2.
  • Status: House and Senate proceedings continuing toward potential passage; no final enactment date specified in the provided material.

Potential impact and considerations

  • Public health and safety: By carving out immunity for tastings, the bill reduces potential civil liability for vendors offering samples. Critics may be concerned about how this interacts with existing health codes, though the bill explicitly excludes conformity to certain sanitary requirements for tastings.
  • Economic impact: Could encourage more sampling and sales at farmers’ markets, helping small producers showcase products and potentially increase consumer engagement.
  • Regulatory balance: The measure isolates tastings from general health-code requirements, potentially creating a need for clear guidelines on what remains required for other market operations.

Related bills

  • HD 2520 (referenced as a related measure and replacement in prior sessions)

Note: The text provided reflects the bill’s stated language as introduced, including its liability-immunity provision for tastings and the specified exclusion from sanitary code conformity for tasting activities.

Compiled from official sources — confirm details with the bill’s official record.

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