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(Last Updated 04/12/2023)
Federal Food Waste Policy
Federal Date Labeling
In the U.S., federal law generally does not regulate date labels, with the exception of infant formula. While there are no federal requirements, both the U.S. Department of Agriculture and the U.S. Food and Drug Administration suggest that manufacturers use the term “Best if Used By” for foods that are labeled as an indicator of quality. In the absence of federal regulation, many states have enacted their own date labeling laws.These state date label regulations vary widely in terms of the foods that require labels and the terminology used. Some states forbid the sale or donation of certain foods past the date. However, date labels are generally intended by manufacturers to be indicators of quality and freshness, not safety. Consumer confusion, combined with state laws that in some cases mandate food be thrown away past the date, results in significant waste of healthy, wholesome food.
Learn More >Federal Liability Protection
Many food manufacturers, retailers, and wholesalers cite fear of liability as a primary deterrent to donating food. However, strong federal liability protections exist for businesses that donate or directly distribute food, and nonprofits that receive and distribute donated food. The Bill Emerson Good Samaritan Food Donation Act, originally passed in 1996 and amended by the Food Donation Improvement Act in 2022, provides a federal floor of civil and criminal liability protection for food donors and the nonprofit organizations that receive and distribute food donations to those in need, as long as certain requirements are met.
Learn More >Federal Tax Incentives
Tax incentives make food donation more cost effective and economically beneficial. The federal government has recognized the importance of food donation and provides an enhanced tax deduction (higher than the basis value) for food donations to incentivize businesses to donate food. All businesses — including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships, and sole proprietorships — are eligible for an enhanced tax deduction for food donations that meet certain eligibility criteria. If they do not meet the criteria, food donations may still qualify for a general tax deduction in the amount of the food’s basis value.
Learn More >Federal Animal Feed Policy
The use of food waste as animal feed has been commonplace for centuries. This practice declined in the 1980s, when state and federal laws limited the feeding of food waste to animals following several disease outbreaks linked to animal products in livestock feed. Recently, there has been renewed interest in the practice of feeding safe, properly treated food waste to animals. The federal government regulates the use of food scraps in animal feed by setting requirements which largely concern the type of animals that may be fed food scraps and the kind of food scraps that may be fed to them. For example, federal law bans feeding of animal-based waste in some cases, or requires that such food waste be heat-treated in others. The federal regulations function as a floor that allows state regulations to go beyond them.
Learn More >Organic Waste Bans & Waste Recycling Laws
Organic waste bans are spreading at the state and local level as a new and effective policy tool to address food waste. While not federally regulated, several state and local governments have implemented organic waste bans that vary in terms of which entities must divert organic waste from landfills and stipulations for waste diversion. For example, California and New York require some entities to donate wholesome food and recycle the remaining, while Vermont only requires individuals and businesses to ensure no food waste goes to landfill. Each state or municipality that develops such a policy must make decisions based on its geographic, economic, and cultural characteristics, desired outcomes, and resource constraints.
Learn More >Current and Previous Proposed Federal Food Waste Bills
Zero Food Waste Act (Current Congress)
In January 2023, Representative Julia Brownley (D-CA) with five House co-sponsors, and Senators Cory Booker (D-NJ) and Tina Smith (D-MN) introduced the Zero Food Waste Act, which would provide grants to state governments, Native nations, and local communities to implement food waste prevention, rescue, or recycling projects.
View Bill Details >COMPOST Act (Current Congress)
In January 2023, Representative Julia Brownley (D-CA) and 8 co-sponsors, and Senators Cory Booker (D-NJ), Tina Smith (D-MN), and Christopher Coons (D-DE) introduced the COMPOST Act (H.R. 651 and S. 179), which would designate composting as a conservation act and provide grants for composting infrastructure.
View Bill Details >School Food Recovery Act (2021-22 Congress)
In September 2021, a bipartisan coalition introduced the School Food Recovery Act (H.R. 5459), which would have provided grants to carry out food waste measurement and reporting, prevention, education, and reduction projects in schools. Schools present unique and important food recovery opportunities. By cutting back on food waste, schools can save precious dollars. Food recovery efforts can also nurture children’s healthy impulses to conserve and serve to educate students about reducing food waste, thus building better future habits. The bill would have promoted habit development through providing funds for food waste education, and food waste measurement, prevention, and reduction or the costs associated with purchasing equipment, training, or planning these projects. This bill is set to be reintroduced in the current Congressional Congress.
View Bill Details >Food Date Labeling Act (2021-22 Congress)
No national uniform system for food date labeling exists in the U.S. In the absence of federal law, states enforce a variety of inconsistent date label regulations. The Food Date Labeling Act was proposed to the House and Senate in December 2021 with the intent of establishing a uniform national system for date labeling that clearly distinguishes between foods that bear a label indicating quality from foods that bear a label indicating they may become unsafe to consume past the date. This bill would have also ensured that food is allowed to be sold or donated after its quality date and would have required national education of consumers about the meaning of new labels so that they could make better economic and safety decisions. This bill has not yet been reintroduced in the current congressional session.
View Bill Details >FIND Food Act (2021-22 Congress)
In March 2022, Congress members introduced a bipartisan bill, the Further Incentivizing Nutritious Donations (FIND) Food Act of 2022 in the House. In accordance with our recommendations for federal tax incentives, the bill would have encouraged food donations through creating new deductions and tax credits and updating existing deductions to improve their efficacy and impact. This bill has not yet been reintroduced in the current congressional session.
View Bill Details >Farm Bill of 2018
The farm bill is the largest piece of food and agriculture-related legislation in the United States. The 2018 Farm Bill, passed in December 2018, was the first Farm Bill to provide dedicated programming and resources to reduce food loss and waste. The next Farm Bill is expected in 2023. Read our recommendations for the 2023 Farm Bill here.
View Bill Details >