Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S62 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2029 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 62
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing community fridges to address food insecurity.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenHomar Gómez2nd Hampshire1/17/2025 1 of 2
16	16	SENATE DOCKET, NO. 2029 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 62
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 62) of Adam Gomez and Homar
19	19	Gómez for legislation to establish community fridges to address food insecurity. Agriculture.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 44 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act establishing community fridges to address food insecurity.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 328 of chapter 94 of the General Laws, as appearing in the 2022
31	31	2Official Edition, is hereby amended by inserting after the fourth paragraph the following new
32	32	3paragraph:-
33	33	4 “Community fridge,” is defined as a working refrigerator in a publicly accessible location
34	34	5in which any person or organization can donate food into or remove food from for the purposes
35	35	6of alleviating food insecurity. Each community fridge shall have a designated manager or
36	36	7managing organization which may include a volunteer, a nonprofit, or a government official
37	37	8designee. This manager is responsible for managing the cleanliness and sanitary condition of the
38	38	9fridge according to the department of public health. The department of public health shall
39	39	10provide advisory guidelines and interpretations for the safe and sanitary storage of such food. 2 of 2
40	40	11The placement of community fridges will be prioritized in areas of high food insecurity,
41	41	12including disproportionately impacted areas and food deserts. If data on food insecurity is
42	42	13unavailable, then placement will be prioritized in low-income areas. Further, community fridges
43	43	14shall be equitably distributed throughout each geographic region of the Commonwealth.
44	44	15 SECTION 2. Section 328 of chapter 94 of the General Laws, as appearing in the 2022
45	45	16Official Edition, is hereby further amended by inserting after the third paragraph the following
46	46	17paragraph:-
47	47	18 No food establishment, as defined in 105 CMR 590 et seq., which distributes or serves
48	48	19food without charge or at a charge sufficient only to cover the cost of handling such food,
49	49	20including open-dated food whose date has passed, shall be liable for civil damages for any injury
50	50	21arising out of the condition of such food; provided, however, that at the time of distribution or
51	51	22serving such food is not misbranded or adulterated or has not been manufactured, processed,
52	52	23prepared, handled or stored in violation of applicable regulations of the department of public
53	53	24health, and provided, further, that such injury is not the result of gross negligence, recklessness
54	54	25or intentional misconduct of the food establishment or any person employed by or under the
55	55	26control of the food establishment.