Explore ReFED Insights Engine
(Last Updated 04/12/2023)
Washington DC Food Waste Policy
Washington DC Date Labeling Regulations
Rating: Moderate Policy*
Save Good Food Amendment Act of 2018; D.C. Mun. Regs. tit. 25- A, § 9901; D.C. Mun. Regs. tit. 25-A, § 718; D.C. Mun. Regs. tit. 25-B, § 3606; D.C. Mun. Regs. tit. 25-B, § 2403; D.C. Code § 48-301
District regulations require date labels on certain foods; however the Save Good Food Amendment Act of 2018 charges the D.C. Department of Health with updating these regulations with new ones that focus on reducing the amount of safe, quality food that is wasted. The act specifies that the Department of Health shall not require date labeling, nor limit the sale of past-date products. The new regulations were supposed to be released by March 30, 2019, but had yet to be issued as of March 2023.
*If changes were made according to the Save Good Food Amendment Act, D.C. regulations would be rated Moderate, but the current regulations are 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.
Washington DC 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.
Washington DC TAX INCENTIVES
Rating: Expired or Repealed
D.C. CODE § 48-1806.16
Washington, D.C. created a tax credit for food donations, which would have provided a tax credit for food donations made to food recovery organizations. The credit was valued at 50% of the fair market value of the food donation, with a $2,500 cap per year for individuals or a $5,000 cap per year for joint filings. The credit was limited to produce grown or food prepared within the district or certain donations made by retailers. However, the District repealed the credit in 2021.
Rating: Expired or Repealed
D.C. CODE § 48-1806.14
Washington, D.C. offered a tax credit for the donation of food grown at urban farms and community gardens to food banks and shelters within the District. The credit was valued at 50% of the food’s value with a cap of $2,500 for individuals and $5,000 for businesses.
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.
Washington DC Animal Feed Regulations
Rating: Strong Policy
Washington, D.C. does not have any laws that bear on the feeding of garbage to animals.
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.
Washington DC Organic Waste Recycling Laws
Rating: Moderate Policy
DC Code § 8–1031.01; DC Code § 8–1031.03; DC Code § 8–1031.03a
On or before January 1, 2023, covered entities must separate their back of house organic material and either send to a composting, AD, or other processing facility, or process it on-site. Covered entities include: retail food stores with at least 10,000 square feet of floor area and college or university campuses with at least 2,000 students. Any other retail food store chain with combined floor area of 10,000 square feet, arenas or stadiums that hold at least 15,000 people, hospitals or nursing homes with at least 300 beds, and colleges or universities with at least 500 residential students, and other entities as determined by the Mayor must comply by January 1, 2024.
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.