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SAFE SURPLUS FOOD DONATION & THE

ESSENTIAL ROLE OF EH

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FORTYOF FOOD IN AMERICAIS WASTED.

PERCENT

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42 MILLION

individuals are food insecure

6 MILLIONCALIFORNIANS

AREFOOD

INSECURE.

CLIMATE CHANGE & FOOD SYSTEMS

DECLINES in crop yields and the health of fisheries and animals.

CLIMATE CHANGE CAUSES

INCREASES in extreme heat, drought, and extreme weather and storms, which can lead to…

INCREASES in food prices and food insecurity.

CLIMATE CHANGE CAUSES

DECLINES in crop yields and the health of fisheries and animals.

50% REDUCTION OF FOOD WASTE BY

2030

EPA FOOD RECOVERY HIERARCHY

• Prevent• Recover• Recycle

Reasons why food facilities may choose to donate food

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Corporate social responsibility/PR

Tax incentives

Reduce negative environmental impact

Meet state waste mandates

Surplus Food Donation Challenges for Donors

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Lack of Knowledge

Lack of Connections Lack of Infrastructure

Lack of Infrastructure

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Refrigeration

Storage space

Staff/volunteers

Transportation

Lack of Connection Between Donors and Recipients

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Donors don’t know where to look

Donors don’t know who to trust

Lack of Knowledge

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Scope of the food waste problem

Perceived limitations of the Federal Good Samaritan Law/liability concerns

HEALTH DEPT RELATED:

Real or perceived inconsistency between local, state, and federal guidance

Perception that donation is prohibited by health departments

Varied interpretation/ enforcement of regulations/guidance

Liability Concerns

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“One of the key liability concerns reported was maintaining proper chain of custody and generally having confidence that donations are handled safely to reduce risk to the donor”

Liability Concerns Across Sectors

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50% of Manufacturers

39% of Restaurants

25% of Retail/Wholesalers

Branding Concerns

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EH is UNIQUELY POSITIONED to address these barriers:

ensure food safety,feed hungry people,

and help the environment.

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THE LEGAL CONTEXT

CaliforniaGood Samaritan Food Donation Act

Expand provisions to persons and gleaners

Authorize permitted food donors to engage in direct donation

Specify liability protection applies to the donation of food that is fit for consumption that has exceeded the labeled shelf life date

Enforcement officials shall promote the recovery of food fit for human consumption during normal routine inspections

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CalCode Section 114432

Food facility food donations

“A person, gleaner, or food facility may donate food to a food bank or any other nonprofit charitable organization for distribution to persons free of charge. Food facilities may donate food directly to end recipients for consumption.”

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CalCode Section 114433Criminal liability

“A person, gleaner, or food facility that donates food as permitted by Section 114432 shall not be subject to civil or criminal liability to penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any laws, regulations, or ordinances, for a violation occurring after the time of the donation.”

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PHASE I – 2017-2018 Safe Surplus Food Donation for EHS

Trained over 850 EHS in 52 jurisdictions

In the post-training survey – 40 jurisdictions indicated adoption of BMPs

Training covered AB 1219, AB 954, & SB 557 – all key pieces of legislation to advance food waste prevention and food recovery efforts

Bill Emerson Good Samaritan Food Donation Act

“A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.”

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Federal civil and criminal liability protection for food donors and nonprofit organizations that receive and distribute food donations to those in need.

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1. Donor donates to a nonprofit2. Food meets federal, state, and local quality

and labeling requirements3. Nonprofit must distribute to needy individuals4. End recipient may not pay for it

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AB 954 Food Labeling: Quality and Safety Dates Require Department of Food and Agriculture with CDPH to publish

information to encourage food manufacturers, processors, and retailers responsible for the labeling of food products to voluntarily use uniform terms QUALITY- “BEST if Used by” or “BEST if Used or Frozen by” SAFETY- “USE by” or “USE by or Freeze by”

Establish Consumer Education Account

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SB 557 Food Donations and Pupil Meals: Schools Provide sharing tables where food service staff, pupils, and faculty

may return appropriate food items and make those food items available to pupils during the course of regular school meal time

Food placed on share tables that is not taken during school meal time to be donated to food bank or other nonprofit

Donations may include: prepackaged, nonpotentially hazardous food with the packaging still intact and in good condition, whole uncut produce, unopened bags of sliced fruit, unopened containers of milk that are immediately stored in a cooling bin at 41F or below

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PASSED: AB 2178 Limited Service Charitable Feeding Operation Defines limited service charitable feeding operation as “an

operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization…whose food service is limited to any of the specified functions”

Establishes registration level (maintains food safety requirements, but does not include requirements for commercial kitchens) –exemptions for specified functions or facilities affiliated with food banks.

CCDEH Ad-Hoc committee and partners are developing BMPs for Limited Service Charitable Feeding Operations

PHASE II – Trainings with other sectors Spring 2019 – roll out trainings to other sectors

Training will include key pieces of legislation –AB2178 – and key components from 2018 trainings

Other sectors include – healthcare institutions, universities & colleges, schools, retail (restaurants & grocers)

Savannah Northsavannah.north@phi.org

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