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(Last Updated 04/12/2023)
Tennessee Food Waste Policy
Tennessee Date Labeling Regulations
Rating: Negative Policy
Tenn. Comp R. & Regs. § 1200-23-01.03; Tenn. Comp R. & Regs. § 0080-04-09.03
Tennessee requires date labeling on ready to eat foods and shellfish, where shellfish packages smaller than 1/2 gallon must be marked with a “sell-by” or “best if used by” date, and shellfish packages with capacity of 1/2 gallon or more must be labeled with the date of shucking. Sale is restricted for past date ready to eat foods. 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.
Tennessee Liability Protection Regulations
Rating: Strong Policy
Tenn. Code Ann. § 53-13-101—103
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 it meets all standards of quality established by agricultural and health laws.
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.
Tennessee TAX INCENTIVES
Rating: No Policy
Tennessee 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.
Tennessee Animal Feed Regulations
Rating: Weak Policy
Tenn. Code Ann. §§ 44-2-401–08
Any animal or vegetable waste resulting from handling, preparation, cooking and consumption of foods must be heated to at least 212 degrees before being fed to swine. Exceptions exist for individuals feeding household waste. Tennessee does not require permits for the feeding or treatment of food waste.
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.
Tennessee Organic Waste Recycling Laws
Rating: No Policy
Tennessee does not have any organic waste bans or waste recycling laws that bear on food waste.
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.