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(Last Updated 03/22/2024)
Texas Food Waste Policy
Texas Date Labeling Regulations
Rating: Moderate Policy
25 Tex. Admin. Code § 241.66; Tex. Admin. Code § 241.661; 25 Tex. Admin. Code § 229.222
Texas requires date labeling on shellfish, pickles produced by cottage food operations, and some cheeses. Shellfish packages smaller than 64 fluid ounces must be marked with a “sell-by” or “best if used by” date, and shellfish packages with capacity of 64 fluid ounces or more must be labeled with the date of shucking. Cottage food operations that sell pickles must label them with the date the batch was prepared. Cheese that is packaged using a modified atmosphere packaging must be labeled with a use by date not more than 30 days from the date of packaging or the original manufacturer''s sell-by or use by date. Neither sale nor donation is restricted for any past date food item.
Overview
Date labels are the dates on food packaging that are accompanied by phrases such as "use by," "best before," "sell by," "enjoy by," and "expires on." Date labels are almost entirely unregulated under federal law, except for infant formula and some very limited instances related to poultry and egg products. Because federal law is so limited, states have broad discretion to regulate date labels, which has resulted in a patchwork of date label regulation across the United States. The inconsistency in date label laws leads to food waste because consumers may discard food after the date on the package due to confusion about product safety and retailers or manufacturers may discard food due to confusion about selling or donating the past-date food.
Texas 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.
Texas TAX INCENTIVES
Rating: No Policy
Texas 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.
Texas FOOD SAFETY
Rating: Strong Policy
25 Tex. Admin. Code § 228.64
Texas regulations comprehensively describe safety procedures for the donation of food. Some examples of what is covered include: storage temperature requirements, shelf life and labeling, product damage, and distressed foods.
Overview
States often base their food safety regulations on the model food safety regulations for restaurants and retail stores within the FDA Food Code. While the Food Code states that food donation is permitted, it does not specify which food safety laws or regulations pertain to the food donation context. Without guidance or clarity coming from a governmental entity, food donors will often refuse to donate their safe, wholesome food. States vary broadly in terms of the level of guidance they provide on food safety rules for food donation, often providing limited guidance for a specialized context, such as share tables in schools, or no guidance at all.
Texas Animal Feed Regulations
Rating: Negative Policy
Tex. Ag. Code Ann. §§ 165.001, 165.026; Tex. Admin. Code tit. 4, § 55.3
Swine cannot be fed animal-derived waste. Additionally, swine cannot be fed vegetable or dairy waste without a permit, which is valid for two years. Exceptions apply for individuals feeding household 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.
Texas Organic Waste Recycling Laws
Rating: No Policy
Texas does not have a state-wide organic waste ban or waste recycling laws that bear on food waste.
Austin Municipal Ordinance
Rating: Moderate Policy
Austin, Tex., City Code Chapter 15-6, Article V
All food enterprises that hold a food enterprise permit must provide diversion services to send organics to a composting or materials recovery facility, or send surplus food to a food bank, processor, material broker, farm, ranch, community garden, or similar site.
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.