SENATE DOCKET, NO. 376        FILED ON: 1/28/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1025

The Commonwealth of Massachusetts

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PRESENTED BY:

Ryan C. Fattman

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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.

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PETITION OF:

SENATE DOCKET, NO. 376        FILED ON: 1/28/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1025

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 934 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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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 2018 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.