As of Jan. 5, 2023, U.S. food donation legislation revives the fight against food waste and support for food security of people in need. (1)
The bipartisan Food Donation Improvement Act (FDIA) amendment to theEmerson Act (Good Samaritan Act) of 1996 further reduces the legal liability of food donation, reassuring organizations such as food banks and businesses. (2)
The new law also incentivizes the U.S. Department of Agriculture (USDA) to provide clarity and updated guidelines on food donation.
Introduction
The U.S. Environmental Protection Agency (EPA) in 2021 released a report on the environmental impact of food waste (3).
The paper estimates that each year food loss and waste in the United States generates 170 million metric tons of greenhouse gas equivalent emissions (million MTCO2e).
Methane emissions from food waste in landfills are excluded from the calculation. In the United States, food waste is the most landfilled (24 percent of the total) and incinerated (22 percent) material. The U.S. is currently among the largest contributors of greenhouse gas emissions.
Limits of the Law of the Good Samaritan
The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) (4) was designed to incentivize donations and consequently reduce food waste.
To regulate the sector it instituted a series of civil and criminal protections and responsibilities for donor entities and food recovery and redistribution organizations for the purpose of social solidarity. However, it left gaps on the topic, especially on the issue of the expiration date of products.
A study by the Food Wast Reduction Alliance claims that 44 percent of manufacturers, 41 percent of restaurateurs and 25 percent of retailers say they perceive the responsibilities posed by U.S. law as the main deterrent to food donations. (5)
US Food Donation Improvement Act (FDIA)
The new law also expands liability protection to nonprofit retailers (who sell food at a Good Samaritan price) and individuals who donate food directly to individuals instead of through charitable organizations. (6)
The FDIA also eliminates some legally imposed limits regarding food labels. In current U.S. legislation, food intended for donation must in fact meet prerequisites that not only concern the condition of the food, but also unnecessary parameters such as the net weight of the product.
Main changes to the Bill Emerson law of the Good Samaritan
Bill Emerson is amended in the following respects:
Definition of the term donate
‘The term “donate” means to donate without requesting any monetary value from the recipient, except that the term includes a donation from one nonprofit organization to another nonprofit organization, despite the fact that the donor organization has charged a nominal fee to the donor organization, if no monetary value is requested from the recipient or end user or a reduced Good Samaritan price is charged‘.
Good Samaritan’s reduced price
‘Reduced Good Samaritan price means, in relation to the price of an apparently healthy food or apparently suitable grocery product, a price not exceeding the costs of handling, administering and distributing the apparently healthy food or apparently suitable grocery product.’
The recipient of the donation may be charged a reduced “good Samaritan” price that does not exceed the cost of handling, administration and distribution of the food or product.
Qualified direct donor
‘The term “qualified direct donor” means a retail grocer, a wholesaler, an agricultural producer, a restaurant, a caterer, a school food authority, and an institution of higher education.’
The designation of possible donor subjects broadens the possibilities of donor-recipient relationships.
Donor deresponsibility for direct donations
‘A qualified direct donor is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or apparently suitable food products that the qualified direct donor gives in good faith to an individual in need.’
The FDIA text also reports the reminder to the USDA:
The Department of Agriculture must issue regulations clarifying the quality and labeling standards that food donated under the Bill Emerson Good Samaritan Food Donation Act must meet in order to qualify for liability protection.
The Department of Agriculture’s labeling guide.
In the context of accountability and food donation, food expiration labeling is also discussed. Following the FDIA, in fact, the USDA updated the food labeling guide (7) for manufacturers and retailers encouraging them to change terminology in order to reduce food waste.
USDA encourages replacing the expiration date wording with the phrase‘Best before‘. On the EU model, even in the U.S. lately they are beginning to talk about revising the terms‘best before‘ into‘often good after.’ (8)
Future prospects. The FIND Food Act
The FIND Food Act (Further Incentivizing Nutritious Donations) (9) is another bill passed in March 2022 that is among the actions put in place by the U.S. to incentivize food donations. Aims to combat climate change, hunger and economic opportunity by providing greater incentives for the donation of safe and healthy food.
The bill provides for.
- Extend the tax deduction provided for food donations to food given at reduced prices as well,
- Create a tax deduction to cover the transportation costs of donated food,
- Offer an alternative tax credit for food donations by farmers. In fact, this category operates on a low profit margin and is often reluctant to donate.
Conclusion
From an environmental perspective, FDIA handles food waste in the right way but leaves policy change pending.
The real drivers of food security, in fact, are indicated in the increase in the national minimum wage and the increase in Supplemental Nutrition Assistance Program (SNAP) subsidies (10). The adopted legislative framework, however, paves the way toward a paradigm shift toward food waste reduction.
In the U.S. for measuring and mapping food waste in the FSC, a blockchain system called Wasteless (11) has been implemented, mirroring the Horizon Europe project of the same name (12) in which WIISE Benefit participates.
Giulia Pietrollini
Notes
(1) Press release. The White House. 5.1.23 https://www.whitehouse.gov/briefing-room/legislation/2023/01/05/press-release-bills-signed-h-r-680-h-r-897-h-r-1082-h-r-1154-h-r-1917-h-r-7939-s-450-s-989-s-1294-s-1402-s-1541-s-1942-s-2333-s-2834-s-3168-s-3308-s-3405-s-35/
(2) Dario Dongo and Andrea Adelmo Della Penna. Redistribution and donation of food surpluses, the ABCs. GIFT (Great Italian Food Trade). 11.11.22
See also Dario Dongo. Food waste, EC guidelines. GIFT (Great Italian Food Trade). 21.10.17
(3) EPA(Environmental Protection Agency). From Farm to Kitchen: The Environmental Impacts of U.S. Food Waste https://www.epa.gov/system/files/documents/2021-11/from-farm-to-kitchen-the-environmental-impacts-of-u.s.-food-waste_508-tagged.pdf 11.21
(4) Congress.Gov. Public Law 110-247 110th Congress. https://www.congress.gov/110/plaws/publ247/PLAW-110publ247.pdf
(5) Analysis of u.s. food waste among food manufacturers, retailers, and restaurants. Food Waste Reduction Alliance. 2016. https://foodwastealliance.org/wp-content/uploads/2020/05/FWRA-Food-Waste-Survey-2016-Report_Final.pdf
(6) Congress.Gov.Text – S.3281 – 117th Congress (2021-2022): Food Donation Improvement Act of 2021 | Library of Congress https://www.congress.gov/bill/117th-congress/senate-bill/3281/text
(7) USDA(US Department Agriculture). Food Product Dating. https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/food-product-dating
(8) Dario Dongo. ‘Best before … often good after’. Changing labels to reduce food waste? GIFT (Great Italian Food Trade). 11.3.23
(9) Congress.Gov. H.R.7317 – FIND Food Act of 2022. H.R.7317 – 117th Congress (2021-2022): FIND Food Act of 2022 | Congress.gov | Library of Congress https://www.congress.gov/bill/117th-congress/house-bill/7317?s=1&r=86
(10) USDA(US Department Agriculture). Supplemental Nutrition Assistance Program (SNAP) https://www.fns.usda.gov/snap/supplemental-nutrition-assistance-program
(11) Wasteless. https://www.wasteless.com/
(12) Dario Dongo and Andrea Adelmo Della Penna. Wasteless, EU research project on circular economy and blockchain. GIFT (Great Italian Food Trade). 5.9.22
Graduated in industrial biotechnology and passionate about sustainable development.
