Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1091

Introduced
2/27/25  

Caption

Relative to direct food donations

Impact

If enacted, S1091 would amend Section 328 of Chapter 94 of the General Laws in Massachusetts, offering a safeguard to organizations involved in the food donation process. This change is anticipated to promote charitable food-sharing initiatives, thereby reducing food waste while addressing hunger issues in the community. By removing the fear of legal repercussions, food service entities may be more inclined to donate surplus food to those in need.

Summary

Senate Bill S1091 aims to encourage direct food donations by providing liability protection to food service entities and retail stores. This legislation seeks to facilitate the donation of food, including open-dated items, directly to individuals without the donor facing the risk of civil damages for any injuries that may arise from the condition of the donated food. The bill requires that such food must be in compliance with public health regulations and not result from negligence or intentional misconduct by the donor.

Contention

While the bill is generally seen as a positive step towards enhancing food security, there may be concerns surrounding the definition of 'open-dated food' and the standards for what constitutes negligent behavior. Opponents might argue that the broad liability protections could lead to potential misuse where food that is relatively unsafe or improperly handled could be donated, thus raising public health concerns. Additionally, scrutiny on the adequacy of regulations enforced by the Department of Public Health at the time of donation could be another point of discussion among legislators.

Companion Bills

MA S2886

Replaced by Order relative to authorizing the joint committee on The Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.

Previously Filed As

MA H2455

Relative to the promotion of food donation

MA S1534

Patient-directed Blood Donations

MA S1531

Prohibiting harmful food dyes in competitive school foods

MA S2757

Order relative to authorizing the joint committee on Revenue be authorized and directed to make an investigation and study of certain current Senate documents relative to revenue matters

MA S2886

Order relative to authorizing the joint committee on The Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.

MA H339

Relative to funeral directors

MA H4373

Encouraging the donation of food to persons in need

MA S1141

Encouraging the donation of food to persons in need

MA S1043

Encouraging the donation of food to persons in need

MA H3154

Encouraging the donation of food to persons in need

Similar Bills

No similar bills found.