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SENATE DOCKET, NO. 1836 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 44
The Commonwealth of Massachusetts
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PRESENTED BY:
Adam Gomez
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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 establishing community fridges to address food insecurity.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampden 1 of 2
SENATE DOCKET, NO. 1836 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 44
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 44) of Adam Gomez for legislation
to establish community fridges to address food insecurity. Agriculture.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing community fridges to address food insecurity.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 328 of chapter 94 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the fourth paragraph the following new
3paragraph:-
4 “Community fridge,” is defined as a working refrigerator in a publicly accessible location
5in which any person or organization can donate food into or remove food from for the purposes
6of alleviating food insecurity. Each community fridge shall have a designated manager or
7managing organization which may include a volunteer, a nonprofit, or a government official
8designee. This manager is responsible for managing the cleanliness and sanitary condition of the
9fridge according to the department of public health. The department of public health shall
10provide advisory guidelines and interpretations for the safe and sanitary storage of such food.
11The placement of community fridges will be prioritized in areas of high food insecurity,
12including disproportionately impacted areas and food deserts. If data on food insecurity is 2 of 2
13unavailable, then placement will be prioritized in low-income areas. Further, community fridges
14shall be equitably distributed throughout each geographic region of the Commonwealth.
15 SECTION 2. Section 328 of chapter 94 of the General Laws, as appearing in the 2020
16Official Edition, is hereby further amended by inserting after the third paragraph the following
17paragraph:-
18 No food establishment, as defined in 105 CMR 590 et seq., which distributes or serves
19food without charge or at a charge sufficient only to cover the cost of handling such food,
20including open-dated food whose date has passed, shall be liable for civil damages for any injury
21arising out of the condition of such food; provided, however, that at the time of distribution or
22serving such food is not misbranded or adulterated or has not been manufactured, processed,
23prepared, handled or stored in violation of applicable regulations of the department of public
24health, and provided, further, that such injury is not the result of gross negligence, recklessness
25or intentional misconduct of the food establishment or any person employed by or under the
26control of the food establishment.