05/18/2026
Pima County Health Department attempted to serve us a notice of violation yesterday.
We did not accept it or sign it.
Let’s talk about our collective food sharing rights and how we are all legally protected.
We have state protections:
36-916. Donation of food items; exemption from civil liability; definitions
“A. A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization or to any other person is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor.”
(https://www.azleg.gov/ars/36/00916.htm)
And we have National Protections:
PUBLIC LAW 104–210—OCT. 1, 1996 Congress
“To encourage the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by giving the Model Good Samaritan Food Donation Act the full force and effect of law.”
‘‘(1) LIABILITY OF PERSON OR GLEANER.—A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.
(2) LIABILITY OF NONPROFIT ORGANIZATION.—A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution to needy individuals.”
(https://www.govinfo.gov/content/pkg/PLAW-104publ210/pdf/PLAW-104publ210.pdf)
The FREEdges are community purchased and owned. Legally, they are "community property" -- subject to the rules we as a community have created together.
We are not a charitable organization “serving food to the public.”
We are community members who have come together to share food, and have created a 501(c)(3) to provide legal food sharing protections during a time that Mayor Romero has declared a “state of housing and homelessness emergency” The FREEdges simply provide a place for food sharing to occur.
This does not mean that we do not take safety seriously, as the FREEdges are cleaned multiple times a day and checked for unsafe food routinely, temperatures are monitored, we have our food safety certifications, and have communal rules posted regarding food safety.
We prefer to do these things, but they are not requirements to sharing food, as potlucks, picnics, and gatherings of all kinds generally do not take these precautions.
Hearing that Pima County Health Department attempted to serve a notice of violation can sound scary, but is a routine obstacle that comes up when folks across the country establish community food sharing projects.
Food codes are for regulating restaurants and businesses, not for regulating potlucks, picnics, personal gatherings, or the sharing of food from person to person.
Although community food sharing projects like this one are not under the regulation of the health department, they often will make attempts to regulate them when a complaint has been made.
This is when it is crucial to remind them of our rights.
As coding enforcement and government agencies continue to criminalize homelessness, poverty, and human existence in public, it is imperative that we PUSH BACK.
We will continue to be a food sharing avenue, as we know we are within our rights to do so, and we want you all to know that you are still legallly protected and welcome to come bring food donations at anytime, as usual. This is YOUR Community FREEdge!
We created a “Know Your Rights” Food Sharing Edition card, to empower our community to continue to push back against having our food sharing rights stripped.
https://canva.link/ld3k4vmcc3bm8is
If you encounter a health inspector at the FREEdge - don’t answer any questions and please refer them to us:
(520) 500-2047
[email protected]
FREEdge the People!!
Thank you for your support!
Citations:
https://freedge.org/
https://www.govinfo.gov/content/pkg/PLAW-104publ210/pdf/PLAW-104publ210.pdf
https://www.azleg.gov/ars/36/00916.htm
https://news.azpm.org/s/102663-city-of-tucson-declares-a-housing-and-homelessness-emergency/
https://www.usda.gov/about-usda/news/blog/good-samaritan-act-provides-liability-protection-food-donations
