Redistribution and donation of food surpluses are promoted through appropriate fiscal and administrative incentives at the European and national levels. With the twin goals of reducing food waste and providing support to those in poverty. ABC to follow.
1) Food donations, EU guidelines
The European Commission published ‘EU guidelines on food donations‘ in 2017 (1,2). The paper considers the roles of donor organizations (agricultural enterprises, food processing, distribution, food service) and recipient organizations, which manage redistribution (including indirectly).
1.1) Requirements
Food donations must meet EU requirements for food production and distribution. With particular regard to:
– food safety (e.g., registration of all operators, self-control, traceability, risk analysis and management),
– mandatory consumer information, on pre-packed and unpacked foods, through labels or stickers and/or accompanying documents.
1.2) Possible exemptions
Some exemptions to quality management systems may be established, because of the objectives of food waste reduction and social solidarity, without ever abandoning food safety requirements. It is therefore useful to contemplate these assumptions, and their operating conditions, in organizational procedures.
For example, the possibility of recovering undamaged food in damaged or misprinted packages can be introduced, provided that their actual safety is verified and the provision to end users of the information stipulated as mandatory on the label is ensured in all cases,
The Brussels communication then indicates the possibility of waiving the registration requirements of some partner operators of receiving organizations. In cases of marginal, locally limited supplies, or activities that are limited to logistics and transportation (excluding animal products, as they are more vulnerable).
2) Food surpluses. Gadda law in Italy
In Italy, the Gadda law preceded EU guidelines in clarifying the possibility of donating surplus food for social purposes. With tax incentives-income tax and VAT as well as, at the discretion of municipalities, garbage rates-on donations to the needy.
2.1) Hierarchy of surpluses.
Donations can be made under the following conditions:
– products labeled in nonconformity with the regulations can be donated, unless the nonconformities relate to the expiration date or the indication of allergens (and it is not possible to correct them, as you have the relevant information and add it in appropriate ways, e.g., stickers on the packages),
– products with exceeded minimum shelf life can be donated, provided, of course, that they are in suitable condition,
– surpluses can be used to produce other foods, in a logic of reuse and
upcycling (e.g., fruit and vegetables, seafood chain, bread),
– products unfit for human consumption can be used for animal feed or compost production. (3)
2.2) Simplifications and guidelines.
A significant simplification, with respect to the application of operator registration requirements, is the qualification of public and private nonprofit entities performing free food distribution as end consumers (4,5).
Specific guidelines have been addressed to the various food service areas to reduce food waste. With primary focus on recovering leftovers in subsequent services (Second Life Menu) and the need to network with charities, to optimize food donations. (6)
3) Reg. (EU) 2021/382. Food redistribution
Reg. EU 2021/382 – intervened to reform reg. EC 852/2004 – introduces important changes on food redistribution, as well as allergen management and food safety culture. (7)
The conditions for food redistribution defined in reg. EU 2021/382 are mainly related to the absence of health hazards and suitability for human consumption, the verification of which is the responsibility of operators.
3.1) Food suitability
Safety assessment of food for redistribution and donation must consider:
– minimum shelf life (best before) or use-by date. Residual durability must be sufficient to ensure safe redistribution and use by end users,
– the integrity of the packaging, ‘if appropriate‘,
– the adequacy of logistics and transportation conditions, including applicable temperature requirements,
– the date of freezing (‘if applicable‘) and ensuring traceability of animal products,
– organoleptic conditions.
4) FEAD, Fund for European Aid to the Most Deprived
FEAD (Fund for European Aid to the Most Deprived) was established in 2014 to promote cohesion and strengthen social inclusion, with the goal of eradicating poverty in the EU (#SDG1, End Poverty in all its forms everywhere).
The Fund provides non-financial assistance to needy people through the provision of food (and other basic materials), as well as through activities aimed at social inclusion.
4.1) FEAD, partner organizations
‘Partner organizations‘ – public or nonprofit – act directly or through other partner organizations. (8) Grants to them may take the following forms:
(a) reimbursement of eligible costs actually incurred and paid,
(b) reimbursement on the basis of unit costs,
(c) lump sum public support (<100,000 euros),
(d) flat-rate financing, calculated by applying a specified percentage to one or more defined cost categories.
The national authorities of the member States manage these funds and disburse them to the partner organizations, i.e., they directly play the role of buyer and distributor, or they use the partner organizations (which may be part of the FEAD Community) for the latter purpose. Within the criteria of transparency, taxation and controls established at the EU level.
5) Former foodstuffs, feed materials
‘Former foodstuffs’ are food products (excluding kitchen and catering residues) made in accordance with relevant food legislation and yet not intended for human consumption for various reasons (e.g., logistical problems, packaging defects). They can supplement the catalog of feed materials as long as they do not pose health risks. (9)
EFFPA, the European Former Foodstuff Processors Association, promotes the recovery of ‘former foodstuffs‘ to reduce their waste, encouraging their reprocessing and use in feed production. Not to mention that the first destination of these products, where the conditions are met, is supply to the needy. (10)
6) Interim Conclusions
Operators in the food supply chain have all the necessary, albeit costly, tools at their disposal to reduce food waste through the redistribution and donation of surplus food to various entities (e.g., Food Bank, RE-STORE). (10)
The valorization of secondary process flows can in any case assume strategic relevance, in a circular economy and ESG logic, when their fate also has a solidaristic function.
7) Perspectives
Blockchain technology measurement and reporting of mass balances and material fates-predicted in the Wasteless) research project in Horizon 2020-may prove to be a useful tool for operators and other stakeholders.
Businesses and cooperatives, their economic partners and receiving organizations, authorities, and consumers themselves will be able to trigger and co-participate in virtuous pathways, based on hard data. With a view to ‘climbing’ Lansink’s ladder-the paradigm of the circular economy-to its first steps. Reduction and reuse, prioritizingupcycling over the various recycling hypotheses.
Dario Dongo and Andrea Adelmo Della Penna
Notes
(1) Communication from the Commission. EU guidelines on food donations https://eur-lex.europa.eu/legal-content/IT/TXT/PDF/?uri=CELEX:52017XC1025(01)&from=LV (2017/C 361/01)
(2) Dario Dongo. Food waste, EC guidelines. GIFT (Great Italian Food Trade), 10/21/17.
(3) Law 19.8.16, no. 166. Provisions concerning the donation and distribution of food and pharmaceutical products for purposes of social solidarity and limiting waste. Text updated as of 5/19/20 on Normattiva https://www.normattiva.it/eli/id/2016/08/30/16G00179/ORIGINAL
(4) Law 27.12.13, no. 147. Provisions for the formation of the annual and multi-year budget of the State (2014 Stability Law).
(5) Law 25.6.03, no. 155. Regulation of the distribution of food products for the purpose of social solidarity. Text updated as of 12/29/17 on Normattiva https://bit.ly/3tquJuj
(6) Ministry of Health. Guidelines addressed to the managing bodies of school, company, hospital, social and community canteens in order to prevent and reduce waste related to food serving. https://www.salute.gov.it/imgs/C_17_pubblicazioni_2748_allegato.pdf
(7) Dario Dongo. Reg. EU 2021/382. Allergen management, safety culture, food redistribution. GIFT (Great Italian Food Trade). 9.3.21
(8) Reg. EU 223/2014 on the European Aid Fund for the Needy. https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A02014R0223-20220414 Consolidated text as of 14.4.22 on Eur-Lex
(9) See reg. EU 68/2013, concerning the catalog of feed materials. Annex, Part A, item 3. Consolidated text as of 7/24/22 on Eur-Lex https://eur-lex.europa.eu/eli/reg/2013/68/oj?locale=it
(9) EFFPA(European Former Foodstuff Manufacturers Association). Former Foodstuffs within the EU Catalogue of Feed Materials (EU Reg. 2017/1017) https://www.effpa.eu/what-are-former-foodstuffs/
(10) Dario Dongo. AlterBanc, agroecology and social spending in Catalonia. GIFT (Great Italian Food Trade). 7.8.20
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Food Technologies and Biotechnologies, qualified food technologist, he follows the research and development area. With particular regard to European research projects (in Horizon 2020, PRIMA) where the FARE division of WIISE Srl, a benefit company, participates.
