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Bill

H 4422

Diana Tisdell recipient of the Stars & Stripes award

2025-2026 Regular Session Introduced by Terry Alexander and 122 co-sponsors

The bill bans aquaculture of octopus for human consumption in Massachusetts, allowing only wild-caught octopus to be sold or transported.

Introduced and adopted
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Bill Summary · H 4422

Summary: H.4422 – An Act prohibiting the aquaculture of any species of octopus for the purpose of human consumption

Purpose and intent

  • Prohibits the aquaculture of octopus for human consumption in Massachusetts. The bill defines aquaculture and octopus, and establishes penalties and regulatory procedures to enforce the prohibition.
  • Aims to prevent the farming of octopus within the Commonwealth and to differentiate farmed octopus from wild-caught octopus in commerce.

Key provisions

  • Definitions (Section 107)

    • Aquaculture: waters used primarily and directly for commercial cultivation of aquatic organisms (finfish, mollusks, or crustaceans) in a controlled environment.
    • Octopus: cephalopod mollusk with eight limbs; excludes wild-caught octopuses or octopuses used solely for non-commercial research.
    • Wild-caught/wild-captured: octopus harvested from its natural marine environment.
  • Prohibition

    • (b) No person shall engage in the aquaculture of any octopus for human consumption.
    • (c) No business entity shall sell, possess, or transport octopus that is the product of aquaculture.
  • Penalties and enforcement

    • (d) Civil penalties up to $1,000 per day of violation; each day of continued violation counts as a separate offense.
    • Penalties may be collected in a summary proceeding (Chapter 30A) or via civil action by the commissioner; violators may be liable for the economic benefit gained from the violation, in addition to costs and interest.
  • Exceptions and regulatory parity

    • (e) Wild-caught octopus for human consumption remains permissible; wild-caught octopus may be sold, possessed, or transported.
    • (f) The enforcing division may adopt rules and regulations necessary to implement the section.
    • (g) Wild-caught octopus landed in Massachusetts falls under existing regulatory frameworks (322 CMR) to distinguish between aquaculture-raised and wild-caught products, given octopus’ national shipping and marketing.

Who is affected

  • Primary: aquaculture operators and businesses considering octopus farming or selling octopus products derived from aquaculture.
  • Indirect: distributors, retailers, and consumers who would see governance of octopus supply chains and enhanced differentiation between farmed and wild products.

Procedural and timeline notes

  • Status: Reported favorably by the Committee on Agriculture and Fisheries and referred to the House Ways and Means (as of September 8, 2025).
  • Introduced: September 8, 2025.
  • The bill inserts new Section 107 into Chapter 130 of the General Laws; no specific effective date is stated in the text provided.

Additional context

  • Companion references: A new draft of House petition No. 127 is noted in the committee report; the department/“the division” is empowered to adopt implementing regulations.
  • The bill emphasizes enforcement mechanisms and the need to regulate wild-caught octopus separately under existing broader regulations (322 CMR).

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

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