The Food Law and Policy Clinic of Harvard Law School (FLPC) and the Natural Resources Defense Council, released Don’t Waste, Donate: Enhancing Food Donations through Federal Policy presenting actions the federal government should take to better align federal laws and policies with the goal of increasing the donation of safe surplus food. Such food recovery has the potential to address the coupled issues of food waste and food insecurity in the United States, reducing the 40% of food that is wasted by instead getting edible food onto the plates of those in need.
In 2015, the federal government made reducing food waste a national priority through the announcement of a national goal of reducing food waste by 50 percent by 2030. In this report, FLPC and NRDC lay out a variety of policy opportunities that help the federal government meet this goal. The report identifies a number of federal laws and policies that strive to enhance food recovery, but fail to address the evolving needs of the food donation landscape or reduce unnecessary barriers to donation. For example, under current laws, if an entire manufacturing run of yogurt has a misprint with the incorrect net weight, the manufacturer would not benefit from the liability protections or tax incentives meant to encourage food donation unless every container were re-labeled with the correct number of ounces. These types of hurdles do nothing to protect consumers and everything to discourage food donations. Fortunately, simple and targeted changes to federal policy can reduce these senseless barriers.