1 of 1
SENATE DOCKET, NO. 711 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 1091
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. FattmanWorcester and HampdenBruce E. TarrFirst Essex and Middlesex2/27/2025 1 of 1
SENATE DOCKET, NO. 711 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 1091
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1091) of Ryan C. Fattman and
Bruce E. Tarr for legislation relative to direct food donations. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 963 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
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:
1 Section 328 of chapter 94 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after the first paragraph the following:-
3 No food service entity or retail store who donates food, including open-dated food whose
4date has passed, directly to an individual without charge or at a charge sufficient only to cover
5the cost of handling such food, shall be liable for civil damages for any injury arising out of the
6condition of such food; provided, however, that at the time of donation such food is not
7misbranded and is not adulterated and has not been manufactured, process, prepared, handled or
8stored in violation of applicable regulations of the department of public health; and provided,
9further, that such injury is not the result of negligence, recklessness or intentional misconduct of
10the donor or any person employed by or under the control of the donor.