of wasted food, from most preferred to least preferred. The options are to prevent wasted food, donate food, upcycle food, feed animals, leave food unharvested, use anaerobic digestion with beneficial use of digestate or biosolids, compost, use anaerobic digestion without beneficial use of digestate or biosolids, or apply food waste to the land. Sending food waste down the drain, landfilling, and incineration" width="960" height="870" />
Donating food is in the second tier of EPA’s Wasted Food Scale. When wholesome food is rescued, redistributed, or donated, it nourishes people and keeps food from being wasted. EPA estimates that in 2019, the food retail, food service, and residential sectors generated about 66 million tons of wasted food in the United States. While Americans throw away millions of tons of food, the U.S. Department of Agriculture estimates that in 2022, 12.8 percent of U.S. households were food insecure at some time during the year. This means that 44.2 million people lived in food-insecure households in 2022. In many cases, the food tossed into our nation’s landfills is wholesome, edible food. When food is wasted, all the resources that went into producing, processing, distributing, and preparing that food are wasted too.
Most food donations come from higher up the food supply chain, such as from farmers, food manufacturers, distributors, or retailers. But schools, community organizations, and individuals can also make a difference by collecting and donating unspoiled, healthy food or participating in local food rescue efforts. By donating food, we’re feeding people, not landfills, supporting local communities, and saving all the resources that went into producing that food, from going to waste.
Large manufacturers, supermarket chains, wholesalers, farmers, food brokers, and organized community food drives typically give food to food banks. Restaurants, caterers, corporate dining rooms, hotels, and other food establishments promptly distribute perishable and prepared foods to people in their communities. Many food banks and food rescue organizations will pick up food donations free of charge, saving donors time and money.
The ReFED Food Waste Policy Finder is a tool to help identify food waste policies at the federal and state level in the U.S. Search under “Rescue Policy” to find food donation policies.
Certain donors are protected from liability under the Bill Emerson Good Samaritan Food Donation Act (pdf) (207 KB). In January 2023, the Act was updated (pdf)(184 KB) to include protections for direct donations to individuals in need by qualified direct donors. Under this Act, as long as the donor has not acted with negligence or intentional misconduct, the donor is not liable for damage incurred as the result of illness. Protected donors include persons and gleaners, nonprofit organizations, qualified direct donors (including food retailers and wholesalers, restaurants, caterers, school food authorities, institutes of higher education, and agricultural producers, processors and distributors).
Global Food Donation Policy Atlas’ United States Legal Guide - Food Donation Law and Policy (pdf)(1.75 MB) provides information on the current state of food donation laws and policies in participating countries.
Check out the Global Food Donation Policy Atlas, which provides information on the current state of food donation laws and policies in participating countries.
Many non-perishable and unspoiled perishable foods can be donated to local food banks, soup kitchens, pantries, and shelters. In the 2022 Food Code, the U.S. Food and Drug Administration clarified for the first time that food donations from food retailers are acceptable as long as proper food safety practices are followed. Check with your local food bank or food rescue operation to find out what items they will accept.
Learn about Food Safety Basics or contact your state or local health department for information on how to safely donate food. More information on food safety can be found in Harvard Law School Food Law and Policy Clinic’s Food Safety Regulations & Guidance for Food Donations: A Fifty-State Survey of State Practices (pdf) (1.24 MB) .
Companies access potential tax benefits when they donate food. Refer to the Harvard Food Law and Policy Clinic’s Federal Enhanced Tax Deduction for Food Donation, a Legal Guide (pdf)(16.4 MB) for information on enhanced tax deductions available to businesses donating food.
The following sites contain tools you can search for food banks, pantries, soup kitchens and shelters that may be interested in accepting wholesome, excess food:
The following organizations are examples of food donation organizations that provide a mechanism for entities to donate wholesome, excess food:
