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S 62

Relates to police staffing at certain parks

2025 Regular Session Introduced by George Borrello and 4 co-sponsors

The act authorizes public community fridges to reduce food insecurity, designates managers, requires DPH guidance, prioritizes underserved areas, and shields donors from certain ci

REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
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Bill Summary · S 62

Summary — S.D. 2029 / “An Act establishing community fridges to address food insecurity”

Note on sources: The legislative text provided is a Massachusetts Senate bill titled “An Act establishing community fridges to address food insecurity” (Senate Docket No. 2029 / often referenced as S.62 in packet). Some header metadata in the packet appears inconsistent (different bill titles/sponsors). The summary below describes the substantive Massachusetts bill text as filed 1/17/2025.

Purpose

To authorize, define, and support the placement and operation of publicly accessible community refrigerators (“community fridges”) across the Commonwealth to alleviate food insecurity, and to limit civil liability for food establishments that distribute free or low-cost food (including open‑dated food) under specified conditions.

Key provisions

  • Definition: Establishes the term “community fridge” as a working refrigerator in a publicly accessible location where any person or organization may donate or remove food to address food insecurity.
  • Management: Each fridge must have a designated manager or managing organization (volunteer, nonprofit, or government designee) responsible for maintaining cleanliness and sanitary condition in accordance with Department of Public Health (DPH) standards.
  • DPH role: Directs the DPH to issue advisory guidelines and interpretations for safe, sanitary storage of food in community fridges.
  • Placement priorities: Fridge siting is prioritized in areas of high food insecurity — including disproportionately impacted areas and food deserts. If food insecurity data are unavailable, priority is given to low‑income areas. Fridges must be equitably distributed throughout each geographic region of the Commonwealth.
  • Liability protection: Amends Section 328 of Chapter 94 (as of 2022 Official Edition) to provide that food establishments that distribute or serve food without charge (or only to cover handling costs), including open‑dated food past its date, are not civilly liable for injuries arising from the condition of such food — provided that at time of distribution the food is not misbranded or adulterated, was not handled/stored/processed in violation of DPH regulations, and the injury was not caused by gross negligence, recklessness, or intentional misconduct by the establishment or its agents.

Who is affected

  • Beneficiaries: Individuals experiencing food insecurity who use community fridges.
  • Operators/managers: Volunteers, nonprofits, and local government designees who operate fridges and must follow DPH guidance.
  • Food establishments and donors: Businesses and organizations donating surplus or open‑dated food gain conditional liability protection, subject to public‑health compliance and exceptions for gross negligence.
  • Department of Public Health: Tasked with issuing safety/sanitary guidance and interpretations.
  • Local communities: Especially those identified as food deserts, high‑food‑insecurity, or low‑income areas.

Procedural status and timeline (as provided)

  • Filed / introduced in Senate: 01/17/2025 (Senate Docket No. 2029).
  • Referred initially to Committee on Agriculture; also referred to Agriculture and Fisheries.
  • Hearing scheduled: 09/16/2025, 10:00 AM–1:00 PM (location B‑1).
  • Other listed actions include House concurrence and varied committee referrals; some docket metadata appears inconsistent and should be verified with the Massachusetts legislative records for up‑to‑date status.

Potential impacts and considerations

  • Public health: DPH guidance aims to reduce risks; operational responsibility rests with local managers.
  • Food access: May expand immediate access to food in underserved areas and encourage redistribution of surplus food.
  • Legal incentives: Liability protection could encourage more donations but retains exceptions for misbranding/adulteration and gross negligence.
  • Implementation details not funded in the text: No explicit appropriation or dedicated state funding for fridge purchase, maintenance, or inspection; local entities and nonprofits would likely bear operational costs unless further action is taken.

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

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