Explore ReFED Insights Engine
(Last Updated 04/12/2023)
Maryland Food Waste Policy
Maryland Date Labeling Regulations
Rating: Negative Policy
Md. Code Regs. 10.15.06.10-11
Maryland requires sell-by dates on Grade A milk products no more than 18 days after processing, after which date the milk product cannot be sold except in scenarios specified in Md. Code Regs. 10.15.06.11. Donation of any past date food item is not restricted.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.
Maryland Liability Protection Regulations
Rating: Moderate Policy
Donations made within the state are protected from liability according to the federal Bill Emerson Good Samaritan Food Donation Act.
Overview
The Bill Emerson Good Samaritan Food Donation Act, as amended by the Food Donation Improvement Act, provides a strong federal baseline of protection for food donors against state and federal liability claims. It covers individuals, businesses, schools, nonprofit organizations, the officers of businesses and nonprofit organizations, and gleaners. A donor must donate in good faith to a nonprofit organization that distributes the donated food to needy populations, or, if the donor is a qualified direct donor, they may donate food directly to needy individuals. Donated food must meet all quality and labeling standards imposed by federal, state and local laws and regulations. A state’s liability protection law can provide more, but not less, protection than the Emerson Act.
Maryland TAX INCENTIVES
Rating: Moderate Policy
MD Code Ann., Tax-Gen., § 10-745
Farm businesses within Maryland can apply for a tax credit valued at 50% of the wholesale value of the eligible food donation or 75% of the wholesale value for certified organic food, up to $5,000 under MD Code Ann., Tax-Gen., § 10-745. This tax credit is set to expire January 1, 2024.
Rating: Expired or Repealed Policy
MD Code Ann., Tax-Gen., § 10-746
Residents of Montgomery County who hunt within the county and donate the deer carcass to 501(c)(3) nonprofit venison donation programs under the Montgomery County Deer Donation Program are eligible for up to a $50 tax credit for the expenses incurred to butcher and process venison under MD Code Ann., Tax-Gen., § 10-746. For any taxable year, the total amount of credits an individual may claim under this section may not exceed $200, unless the individual harvested each deer for which the credits are claimed in accordance with a deer management permit. This tax credit expired January 1, 2023.
Overview
The federal government provides tax deductions to incentivize businesses to donate food. As of December 2015, all businesses—including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships and sole proprietorships—are eligible for an enhanced tax deduction that exceeds the property’s basis for donated food if they meet certain requirements. If they do not meet the requirements, they can still claim a general tax deduction in the amount of the property’s basis.
Maryland Animal Feed Regulations
Rating: Moderate Policy
MD Code Ann. Agric. § 3-404
Any animal material or refuse which has associated with animal material must be heat treated prior to feeding swine. Annual animal-derived treated waste feeding permits must be obtained, but exceptions apply for individuals feeding household waste to animals raised for personal use. There are no restrictions on feeding waste exclusively vegetable in nature.
Overview
For centuries, using food scraps as animal feed was common worldwide. The practice declined rapidly in the 1980s, when several disease outbreaks were linked to unsafe animal feed. In an attempt to prevent the spread of such diseases, federal laws and regulations were enacted to restrict what is often pejoratively referred to as “garbage feeding” to animals. However, using food scraps as animal feed in a safe, resource-efficient way can be environmentally friendly and energy-efficient, providing multiple benefits for both farmers and food waste generators, such as retailers, restaurants, and institutional cafeterias. Under federal law, food scraps can generally be fed to animals, so long as food scraps with animal derived by-products are heat-treated by a licensed facility before being fed to swine; and food scraps containing animal-derived by-products are not fed to ruminants. The federal regulations function as a floor, and most state regulations go beyond them.
Maryland Organic Waste Recycling Laws
Rating: Weak Policy
Md. Code Ann. Env't § 9–1701; Md. Code Ann. Env't § 9–1724.1
Any person, business, or cafeteria that produces more than 2 tons of food residuals in a given week must ensure organic waste is separate and diverted from landfills. Starting in January 2024, the law will apply to any person, business, or cafeteria that produces more than 1 ton of food residuals per week. Exceptions exist for entities that are located more than 30 miles away from a recycling facility that can accept the entirety of their organic waste. Covered businesses are able to apply for a waiver if the cost of diverting food residuals from a refuse disposal system is more than 10% more expensive than the cost of disposing the food residuals at a refuse disposal system.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.