Executive Order  No. 222: State purchases of Massachusetts agricultural products

WHEREAS, a vital and healthy Massachusetts agricultural sector makes a substantial economic contribution to the state; and

WHEREAS, development pressures can remove agricultural land from production; and

WHEREAS, agricultural production can only take place in Massachusetts if it is profitable; and

WHEREAS, long-term availability of food from distant markets will become more difficult and expensive; and

WHEREAS, food purchases by state institutions constitute a major fraction of food purchases within the Commonwealth; and

WHEREAS, the purchase process used by state institutions at times discourage purchase of Massachusetts grown products; and

WHEREAS, it is in the best interest of the Commonwealth to assure that its agricultural industry remains stable and competitive,

NOW, THEREFORE, I, EDWARD J. KING, Governor of the Commonwealth, by virtue of the authority vested in me as Supreme Executive Magistrate under the Constitution and laws of this Commonwealth, do hereby order as follows:

SECTION I. DECLARATION OF POLICY

All public institutions in the Commonwealth should purchase their food needs using specifications which do not discriminate without justification against the agricultural commodities produced by in-state growers, and shall seek, wherever permissible, to purchase commodities from in-state growers.

SECTION II. DEFINITIONS

Public institution is defined to include, but not be limited to, all state institutions including schools, prisons, mental health and public health facilities, statutory agencies and departments. In-state grower is defined to include growers whose agricultural land is located within the Commonwealth.

SECTION III. PROCEDURES

1. The Purchasing Agent's Division of the Executive Office of Administration and Finance shall work with the Department of Food and Agriculture toward the objective of revising purchasing systems in order to overcome certain marketing constraints faced by in-state growers who would like to sell agricultural commodities to state institutions within the framework of state law. Among such measures to be considered are: Full season bids for certain items or small groups of items (forward contracting), weekly bids for short-season crops, separate purchase of crops which are in season, grouping of orders for several institutions, shortened payment periods, computerized information systems, and alternative mechanisms for the purchaser to seek different sources of supply in the event of sudden crop failure or miscalculation.

2. State purchasers shall keep a record of agricultural products purchased each month from in-state producers, including the names of the state purchasers and the governmental organization making the purchases, the name of the in-state producer and the quantity purchased. The record shall be sent on a quarterly basis to the Commissioner of the Department of Food and Agriculture.

SECTION IV. EFFECTIVE DATE

Said cooperation as defined in Section III above shall commence immediately upon filing of this Order with the Office of the Secretary of State.

SECTION V. TERMINATION

This Executive Order shall continue in effect until amended, superseded or terminated by subsequent Executive Order.

Given at the Executive Chamber in Boston this 6th day of September in the year of our Lord one thousand nine hundred and eighty two and of the independence of the United States of America, two hundred and seven.

EDWARD J. KING

GOVERNOR

Commonwealth of Massachusetts

MICHAEL JOSEPH CONNOLLY

Secretary of the Commonwealth