Encouraging the donation of food to persons in need
The bill is expected to have a notable impact on state laws concerning food donations and liability. Specifically, it aims to mitigate the risks associated with donating food by providing legal protections to donors and nonprofits against civil damages, thereby encouraging more businesses to participate in food donation. This change is crucial for addressing food insecurity in the state, as it encourages surplus food to be directed toward those in need rather than discarded.
House Bill 4982 aims to encourage the donation of food to individuals in need by establishing a tax credit system for food businesses in Massachusetts. The legislation amends Chapter 63 of the General Laws to allow food businesses that donate food, meals, or crops to nonprofit food distribution organizations to receive a non-refundable tax credit based on the fair market value of the donated items. The maximum credit applicable would not exceed $25,000 annually, providing a significant incentive for businesses to engage in food donation efforts.
However, the bill has faced scrutiny and points of contention, particularly concerning food safety regulations. Critics express concern that the legislation could unintentionally incentivize the donation of food that may not meet health standards, potentially jeopardizing the safety of recipients. To balance these concerns, the bill mandates that any food distributed must comply with existing health inspections and requirements, thereby addressing safety issues while promoting charitable donations.