The EPA Wasted Food Scale is a go-to graphic for prioritizing effective strategies you can use to prevent and divert wasted food from disposal. What are the most preferred methods of reducing wasted food? Prevention, donation, and upcycling surplus food are the most beneficial since they not only help the environment but also ensure that food nourishes people first.  

When food goes unsold, unused, or uneaten, we have the power to make a difference through donation and community redistribution.   By donating excess food, you’re ensuring that the food itself, and the resources used to produce it, do not go to waste. If you’re a business or institution hesitant about donating or distributing excess food, you can rest easy knowing that there are well-protected laws designed to protect you from liability when donating food.  

One such protective measure is the Bill Emerson Good Samaritan Food Donation Act, explained in detail by the Harvard Law School Food Law and Policy Clinic legal fact sheet. The fact sheet is a resource on federal liability protection for food donation and designed to explain the Emerson Act.  Originally passed in 1996 and amended in 2022, the Act “provides civil and criminal liability protection for liability that might arise due to harm from donated food or grocery products”. Here’s an example of who is covered under The Emerson Act: 

• Individuals 

• Government Entities 

• Schools 

• Businesses 

• Nonprofit Organizations 

• Officers of Businesses and Nonprofit Organizations 

• Gleaners 

• Farmers (Including Home and Community Gardeners) 

To benefit from these liability protections, donors must meet four key criteria: 

1. Qualifying Foods and Grocery Products – donors must donate food that meets food safety standards imposed by Federal, State, and local laws and regulations.  
2. Direct Donations of Donations Through Non-Profits – unless you are a “qualified direct donor,” protected donations must be made through a non-profit organization.  
3. Food Offered for Free or at a Good Samaritan Reduced Price – when donating food/grocery products to non-profit organizations, liability protections apply where the non-profit offers the food to end recipients at a “good Samaritan reduced price,” or free.  
4. Good Faith – donations must be made and distributed in “good faith.” Furthermore, donations will not be protected if donations are made with “gross negligence,” or “intentional misconduct.”  

If the above conditions are met, the Emerson Act is quite protective of donors and organizations. Typically, entities that are already in the business of preparing and serving food for public consumption are already practicing the measures necessary to easily adopt safe food donation.  

Here are some additional food donation resources from RecyclingWorks in Massachusetts (RecyclingWorks): 

• RecyclingWorks offers food donation guidance for businesses and institutions. We can also help you set up ongoing programs through our no-cost technical assistance. 

• For examples of successful food donation programs, check out these case studies on Whole Foods Market in Medford and Westin Boston Waterfront Hotel. 

• RecyclingWorks’ Find-A-Recycler tool can be used to find potential food donation outlets. Food rescue organizations in MA that are not already included on the Find-A-Recycler search tool can request to be listed by filling out  this form.

If you have questions or need assistance with donating surplus food, reach out to the   RecyclingWorks in Massachusetts Hotline at 1-888-254-5525 or email us at info@recyclingworksma.com. Funded by MassDEP and administered by CET, we are working to transform wasted food into meaningful community resources!