We must accept that inventory at food and beverage (F&B) establishments (e.g. restaurants, retail grocery stores) does expire. Food service workers at restaurants must discard any inventory received within 7 days or product that was defrosted and refrosted [1, 2].
That’s even with so many F&B establishments following the Food Safety and Inspection Services’ (FSIS) guidelines. Food eventually rots, then sent to a landfill or incinerator to emit carbon dioxide and methane. The guidelines aren't helping reduce food insecurity in the US, which remains above 10% for households since 2001 [3].
The 1996 Bill Emerson Good Samaritan Food Donation Act intended to change that. Without criminal or civil liability (i.e. potential to be sued), F&B establishments could donate an “apparently wholesome food” or an “apparently fit grocery product" to nonprofits that would distribute it to "needy individuals" [4, 5, 6, 7]. They could only be held reliable if food service workers knew that the food wasn’t safe to eat (i.e. intentional misconduct) or didn’t check for pathogens like mold (i.e. gross negligence).
Then why must I repeat that food insecurity has increased since 2001, and "up to 40% of the edible food supply ends up as food waste [and loss] [8]?" The Bill Emerson Act should make donating easy, especially when no company has been sued.
There hasn't been enough education on food donation protection laws [9]. Moreover, the ambiguity of "apparently wholesome" or "apparently fit" renders civil and criminal immunity pointless. Rather than focusing on what to donate, F&B establishments focus on what won't get them in trouble. For context, Walmart’s Frank Yiannas’ team counted 47 "different" labels [10].
The 2023 Food Donation Improvement Act is a step in the right direction. It specified who qualified as a donor: retail grocers, wholesalers, agricultural producers, agricultural processors, agricultural distributors, restaurants, caterers, school food authorities, and institutions of higher education. Additionally, donors could set up a network of nonprofits, agreeing on a fixed rate to sell donated food to them: a "good Samaritan reduced price," which is not greater than making the food available for sale (e.g. handling, processing, packaging). F&B establishments could donate directly to individuals with civil and criminal immunity, too.
Yiannas’ departure from the Food & Drug Administration (FDA) in February 2023 indicates there’s more to be done. In his departure letter, Yiannas spoke about how the FDA is entering a "new era of smarter food safety," where it’s "bending the curve of foodborne illness once and for all” [11]. That curve must overcome 50% of food manufacturers, 25% of retail grocery stores, and 21% of restaurants feeling that liability concerns were still a barrier to donation, after being surveyed by the Food Waste Reduction Alliance in 2016 [12]. Until that curve is fully realized, however, F&B establishments won't donate.
One of the most common concerns we hear from potential food donors is the fear of liability—many worry about being sued if donated food unintentionally causes harm. Some even mistakenly think donating surplus food is illegal.
Good news 📣 ✨️ The Bill Emerson Good Samaritan Food Donation Act protects individuals, businesses, and nonprofits that donate food in good faith.
Dispelling this myth encourages more food donations and less waste. Click the link below to learn more about how this law supports food recovery and help us spread the word!
https://lnkd.in/eBtsY6hh
#foodrescueus #foodrecovery #fooddonation #goodsamaritan
