SENATE DOCKET, NO. 1520        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 848

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Ryan C. Fattman

_________________

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 direct food donations.

_______________

PETITION OF:

 

Name:

District/Address:

 

Ryan C. Fattman

Worcester and Norfolk

 

Richard J. Ross

Norfolk, Bristol and Middlesex

1/30/2017

Kevin J. Kuros

8th Worcester

2/1/2017

William N. Brownsberger

Second Suffolk and Middlesex

2/2/2017

Paul K. Frost

7th Worcester

2/2/2017

Christopher M. Markey

9th Bristol

2/3/2017

Susan Williams Gifford

2nd Plymouth

2/3/2017

Bruce E. Tarr

First Essex and Middlesex

2/14/2017


SENATE DOCKET, NO. 1520        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 848

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 848) of Ryan C. Fattman, Richard J. Ross, Kevin J. Kuros, William N. Brownsberger and other members of the General Court for legislation relative to direct food donations.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to direct food donations.

 

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

Section 328 of chapter 94 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the first paragraph the following:-

No food service entity or retail store who donates food, including open-dated food whose date has passed, directly to an individual without charge or at a charge sufficient only to cover the cost of handling such food, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of donation such food is not misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health; and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the donor or any person employed by or under the control of the donor.