May 6, 2019

Legal Guides

Community fridges are common property and we believe they should be governed by community rules. Food Health codes are normally made for restaurants and other food businesses, and not with community food sharing in mind. Health inspectors know that and tend to be tolerant as long as they see you have your own rules and are serious about them. Unfortunately the idea of community fridges is not always accepted by health authorities and freedge hosts can sometimes face legal battles. This legal section was intended to help freedge hosts if they encounter this sort of obstacle.

What types of Food can you share?

Freedges can safely share produce, shelf-stable items and cooked items. Specific rules vary by state or province.

(1) Produce and Non-perishables: In most states freedges can operate as gleaners for fruits and vegetables without a permit. Pre-packaged, shelf-stable items (such as canned, dried and baked goods) are often allowed by “pantry” laws or tolerated for their low risk.

(2) Cooked items: Some states might allow packaged cooked food from registered kitchens who have a current food safety certificate. Make sure to require all cooked food to be labeled. Some food codes won’t allow cooked items unless the freedge is supervised all the time and/or all items are checked upon reception, which is often unpractical and defeats the purpose of a low cost, community-managed, food sharing space. We believe all freedges should be able to share cooked food, as it’s the most valuable for people in food insecurity. Additionally, the energy and resources used from farm to fork is at its maximum and we should save it from going to waste.

Even when permits are not required, inspections only occur in response to a consumer complaint or a report of a suspected foodborne illness, so make sure your freedge is checked / cleaned regularly. Have your sharing rules visible to all users so local health authorities can see the freedge is well managed.

Liability protection: 

According to a report from the University of Arkansas, lawsuits arising out of the donation or provision of recovered food are extremely uncommon. We believe the focus on liability, more specifically financial responsibility, is  detrimental to the idea of community responsibility implied in community food sharing. Even so, we understand property-owners are often concerned about liability and this can be an obstacle when looking for a suitable location. See below what protections you have:

US: The Good Samaritan Food Donation Act protects food donors against liability, when the donation happens through a nonprofit. Many states, such as California and Colorado, extend this protection to food businesses.

Canada: All Canadian provinces protect “person-to-person” food donations against liability.

Are you trying to install a freedge where liability insurance is required? Contact the freedge team for fiscal sponsorship: you can act as a nonprofit or be under our liability insurance policy.

State-Specific Laws

State-specific Legal Guides give information about liability protection, what types of food you can share and permit requirements. Please contact us if your state/province is not in the list (ernst@freedge.org)

Alabama

British Columbia

California

New Jersey