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HD 403

An Act encouraging the donation of food to persons in need

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 21 co-sponsors

Massachusetts bill protects food donors from liability and offers tax incentives to increase donations to food-insecure populations statewide.

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Bill Summary · HD 403

Legislative bill overview

HD 403 aims to increase food donations to people experiencing food insecurity by creating legal protections and incentives for food donors. The bill likely provides liability protections for businesses and individuals who donate food in good faith, and may offer tax incentives to encourage participation in food donation programs.

Why is this important

Food insecurity affects millions of Americans, including in Massachusetts, while significant amounts of edible food are discarded by retailers, restaurants, and households annually. Removing legal barriers to donation and providing financial incentives can redirect surplus food to food banks and community organizations that serve vulnerable populations.

Potential points of contention

  • Liability scope and enforcement: Questions about how broadly "good faith" donation is defined and whether donors face realistic legal exposure even with protections in place
  • Tax incentive costs: Fiscal impact of tax credits or deductions on state revenue and whether incentives effectively drive donations or primarily benefit high-volume donors
  • Food safety standards: Balancing food safety requirements with donation accessibility—overly strict standards may discourage donations while lenient ones raise health concerns
  • Implementation mechanisms: Whether the bill adequately funds enforcement, education, and coordination between donors and food assistance organizations

Compiled from official sources — confirm details with the bill’s official record.

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