SENATE DOCKET, NO. 2041        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 934

 

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

 

Joseph D. McKenna

18th Worcester

1/31/2019

Michael J. Soter

8th Worcester

2/1/2019


SENATE DOCKET, NO. 2041        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 934

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 934) of Ryan C. Fattman, Joseph D. McKenna and Michael J. Soter for legislation relative to direct food donations.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 848 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

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 2016 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, process, 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 negligence, recklessness or intentional misconduct of the donor or any person employed by or under the control of the donor.