Stay Compliant. Start Donating Surplus Food
Food donation helps your business meet MassDEP’ Commercial Food Material Disposal Ban while reducing disposal costs and supporting people in need
Who Can Donate?
Farmers
Events
K-12
Supermarkets
Universities
Wholesalers
Events
K-12
Supermarkets
Universities
Wholesalers
Understanding Food Donation
Why donate surplus edible food?
Every day, businesses across Massachusetts discard thousands of pounds of edible food that could otherwise feed people in need. By donating surplus food and diverting it from the waste stream, businesses can not only reduce waste disposal costs but also qualify for tax benefits.
Taking action to donate edible surplus is a proven strategy to effectively reduce wasted food. Additionally, this practice helps businesses comply with Massachusetts’ Commercial Food Material Disposal Ban.
EPA Wasted Food Scale
The US EPA’s Wasted Food Scale highlights feeding people as one of the most effective strategies to reduce wasted food. Businesses should consider how they can strengthen their wasted food prevention and management plans by utilizing the scale’s different pathways.
Throwing away food means throwing away potential savings. Donating surplus food supports people facing food insecurity while also providing tax benefits and avoided disposal costs. To explore how this works, view our Throwing Away Food & Money resource.
Produce, buy, and serve only what is needed
Donate
— or —
Upcycle
— or —
Leave Unharvested
— or —
Anaerobic Digestion
With beneficial use of digestate/biosolids
— or —
Apply to the Land
With or without energy recovery
Breaking Down Barriers to Food Donation
Businesses that donate safe, edible food are protected under the Bill Emerson Good Samaritan Food Donation Act, originally signed into law in 1996 and updated in 2023. This federal law protects food donors from liability when donations are made in good faith.
Learn more in the Federal Liability Protection for Food Donation Legal Fact Sheet from the Harvard Food Law and Policy Clinic.
That may be true most days, but RecyclingWorks recommends establishing a relationship with a local Food Donation Organization to learn what can be donated. This helps you stay prepared in case donatable food becomes available—such as:
· Food from a canceled event
· Items not selling due to unforeseen circumstances
Take a second look at your surplus food—some of it may be suitable for donation.
Check out our Food Donation Giving Guide for what perishable/non-perishable foods can be donated, and our Prepared Food Guidelines for food donation.
Donating food is easier than you think. In general, food service businesses already follow the necessary safety practices to safely donate food.
Here’s how to get started:
1. Partner with a local food donation organization to identify what excess food you generate and what they can accept
2. Follow local health regulations when preparing hot or cold holding food
3. Package food safely in clean, food-grade containers
4. Label with ingredients and allergens
5. Store food at temperature properly until pickup
Start by asking why the policy exists. If liability or regulations are mentioned, point to food donation protections under the law.
For additional help getting your company on board with food donation:
Call the RecyclingWorks in Massachusetts Hotline at 1-888-254-5525 or email info@recyclingworksma.com
Every business process takes time—but once food donation practices are in place, they become routine.
For assistance in creating an efficient food recovery program, contact:
RecyclingWorks in Massachusetts at 1-888-254-5525 Or email info@recyclingworksma.com
You may qualify for no-cost technical assistance with a RecyclingWorks Waste Reduction Consultant.
Additionally, your partnered Food Donation Organization will be a great resource to help streamline the donation process.
Transportation depends on your arrangement with your partnered food organization. Picking-up donated food may involve:
Volunteers using personal vehicles,
Agency staff with refrigerated trucks
or a combination
Common options:
· Direct delivery: Pickup from the donor and deliver to the recipient in one route
· Hub model: Food is picked up from the donor and brought to a central location for repacking for, distribution, or pick-up
Ask your Food Donation Organization how transportation is handled.
If you’re transporting food yourself, be sure to:
· Understand temperature requirements for non-perishable, hot, and cold foods.
· Use coolers or heating blankets to maintain safe temperatures.
· Follow good hygiene and safety practices.
· Keep records of all donated and transported food.
Yes, there may be modest costs involved for:
· Packaging materials
· Labeling
· Storage and refrigeration
· Labor costo for continuing the proper handling and time/temperature standards for the donated food to ensure quality
However, food donation can bring real benefits, including:
· Lower waste disposal costs
· Possible tax deductions
· Positive community impact and public goodwill for utilizing surplus edible food
Start or Strengthen Your Food Donation Program
Food Donation Setup Steps
Laws and Liability Protection
Tax Incentives
Date Labeling
Partner Food Rescue Organization
Food Transportation
Food Donation Setup Steps
Laws and Liability Protection
Tax Incentives
Date Labeling
Partner Food Rescue Organization
Food Transportation
Disclaimer
The information provided here is for general informational purposes only and is not intended to replace or supersede guidance, recommendations, or regulations issued by your local health department, corporate policy or contractual agreements. Always consult with your local health department for the most accurate and up-to-date information relevant to your business.