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(Last Updated 04/12/2023)
Vermont Food Waste Policy
Vermont Date Labeling Regulations
Rating: Negative Policy
13-018 Vt. Code. R. § 204(R)(1)(b); 13-018 Vt. Code. R. § 205(K)(1)-(2); 13-018 Vt. Code. R. § 203
Vermont requires date labeling on shellfish and potentially hazardous foods. Shellfish packages smaller than 1/2 gallon must be marked with a sell-by date and shellfish packages with capacity of 1/2 gallon or more must be labeled with the date of shucking. Potentially hazardous foods, as defined in 13-018 Vt. Code. R. § 203, must be labeled and sold within 7 days after packing or after removal from freezer. 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.
Vermont 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.
Vermont TAX INCENTIVES
Rating: No Policy
Vermont 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.
Vermont Animal Feed Regulations
Rating: Negative Policy
Vt. Stat. Ann. tit. 6, §§ 1671–77
Swine cannot be fed any waste products containing animal-derived material. Exceptions apply for individuals feeding household waste to swine raised for personal use. There are no restrictions on feeding vegetable 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.
Vermont Organic Waste Recycling Laws
Rating: Strong Policy
Vt. Stat. Ann. tit. 10, § 6605k
All persons and business entities must separate and recycle organic 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.