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(Last Updated 04/12/2023)
Massachusetts Food Waste Policy
Massachusetts Date Labeling Regulations
Rating: Negative Policy
105 Mass. Code Regs. 500.003; 105 Mass. Code Regs. 500.006
Massachusetts requires date labeling on prepackaged perishables items that must be sold within 90 days. Additionally, “food can only be sold past its ‘sell by’ or ‘best if used by’ date if: (1) it is wholesome and its sensory physical qualities have not significantly diminished; (2) it is segregated from the food products which are not past date; and (3) it is clearly marked as being past date.” While Massachusetts allows the sale of past date items, stores generally do not have the capacity to segregate and mark past date items, and so this requirement effectively bans the sale of all past date items. Accordingly Massachusetts policy is rated as negative.
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.
Massachusetts Liability Protection Regulations
Rating: Strong Policy
Mass. Gen. Laws Ann. Ch. 94, § 328
Donations made within the state are protected from liability according to the federal Bill Emerson Good Samaritan Food Donation Act. In addition, the state protects donations of food that is past-date if the past-date food is separated and clearly labeled as such.
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.
Massachusetts TAX INCENTIVES
Rating: No Policy
Massachusetts does not offer additional tax incentives beyond federal incentives.
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.
Massachusetts Animal Feed Regulations
Rating: Negative Policy
Mass. Gen. Laws ch. 129, § 14B; Mass. Gen. Laws ch. 270, § 9
For all livestock except swine, it is unlawful to feed the animal any animal waste. Swine may be fed animal waste that was heat treated for at least 30 minutes at 212 degrees Fahrenheit or treated in some other manner approved by the state. To feed waste to swine, annual animal-derived treated waste feeding permits must be obtained, but exceptions apply for individuals feeding household waste to swine raised for personal use. There are no restrictions on feeding vegetable waste to any animal.
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.
Massachusetts Organic Waste Recycling Laws
Rating: Moderate Policy
310 Mass. Code Regs. 19.017
Any commercial entity, excluding a residence, that produces more than 1/2 ton of organic waste in a given week must separate the organic waste and ensure proper recycling.
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.