SD 496 Massachusetts Senate · 194th Legislature (2025-2026)

An Act encouraging the donation of food to persons in need

This bill protects donors and nonprofit organizations from civil liability when donating or distributing food to people in need, provided the food meets safety standards and isn't donated due to gross negligence. It specifically shields individuals, businesses, and nonprofits from lawsuits if they donate open-dated or expired food (as long as it's not misbranded or unsafe) or serve food without charge at cost-covering prices. Additionally, farms growing food crops in Massachusetts can claim a tax deduction equal to the fair market value of donated crops (up to $2,000 annually) when giving to qualified nonprofits that serve the needy. Donors must provide certification verifying the donation meets the bill's requirements, including the nonprofit's compliance with distribution rules.
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P
Photo of Ed Kennedy
Ed Kennedy
DDemocratic
MA
First Middlesex