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S 1091

An Act relative to direct food donations

194th Legislature (2025-2026) Introduced by Ryan Fattman and 1 co-sponsor

Extends a liability shield for food service entities and retailers that donate directly to individuals, including open-dated food, if public health rules are followed.

Hearing scheduled for 07/29/2025 from 01:00 PM-05:10 PM in A-2
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WeVote Research Nonpartisan
Bill Summary · S 1091

Summary — S.1091: "An Act relative to direct food donations"

Note on source materials
- The materials provided include mixed/overlapping documents from different jurisdictions (a Massachusetts docket for "direct food donations" and an unrelated Idaho education broadband amendment). This summary focuses on the Massachusetts text titled “An Act relative to direct food donations” (Senate Docket No. 711 / Senate Bill No. 1091), which contains the substantive direct-food-donation provisions.

Purpose

To limit civil liability for food service entities and retail stores that donate food directly to individuals (including open‑dated food past its date) so long as basic food-safety and conduct conditions are met. The aim is to encourage direct food donations by reducing legal exposure for donors.

Key provisions

  • Adds language to Section 328 of Chapter 94 of the Massachusetts General Laws to provide a liability shield.
  • Core text (paraphrased):
    • No food service entity or retail store that donates food directly to an individual — either free or for a charge limited to handling costs — shall be civilly liable for injuries arising from the condition of that food, provided:
    • At the time of donation, the food is not misbranded or adulterated, and it was not manufactured, processed, prepared, handled, or stored in violation of applicable Department of Public Health regulations; and
    • The injury was not caused by the donor’s (or the donor’s employee/agent’s) negligence, recklessness, or intentional misconduct.
  • Explicitly includes “open‑dated food whose date has passed” among items eligible for the protection, so long as other conditions are met.

Who is affected

  • Beneficiaries:
    • Food service entities (e.g., restaurants, cafeterias) and retail food stores (grocery stores, markets) that make direct donations to individuals.
    • Individuals who receive donated food.
  • Not affected / limitations:
    • Donations are protected only if they comply with public health regulations and are not misbranded/adulterated.
    • The immunity does not apply where injury results from donor negligence, recklessness, or intentional misconduct.
    • The provision specifically addresses direct donations to individuals; it does not explicitly regulate donations through third‑party intermediaries (e.g., food banks) in this language.

Potential impact

  • Likely to encourage more direct food donations by reducing donors’ civil liability risk, including donations of open‑dated food.
  • Maintains consumer protection by conditioning immunity on compliance with public health rules and excluding donor negligence or intentional wrongdoing.
  • No fiscal note was provided for this provision; it is regulatory/statutory liability reform rather than a funding change.

Legislative status & timeline (as provided)

  • Filed as Senate Docket No. 711 / Senate Bill No. 1091 (filed 01/14/2025).
  • Petitioners/sponsors listed: Senators Ryan C. Fattman and Bruce E. Tarr (Massachusetts).
  • Referred to the Judiciary Committee (per docket entry 02/27/2025).
  • Hearing scheduled (per provided schedule): July 29, 2025 (multiple schedule updates shown; verify current time/location).
  • The docket notes a “similar matter” filed in the previous session (Senate No. 963 of 2023–2024).

Notes and recommendations

  • The provided packet contains inconsistent entries and text from other jurisdictions (Idaho). Consult the official Massachusetts legislative website or the Judiciary Committee docket to confirm current bill text, amendments, and exact hearing dates/times.
  • If enacted, stakeholders that may want to provide testimony include public health officials, retail and restaurant trade groups, food rescue organizations, and legal liability insurers.

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

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