Multiple policies could be implemented to address food waste and its impacts on the environment, food security, and our climate. In particular, we should eliminate laws that cause healthy food to go to waste, incentivize food donation and, when needed, enact penalties for senseless food waste.

Let’s start with consumer confusion, and the misguided laws regarding food date labels.
Eighty four percent of consumers report they frequently throw food away after the sell-by date has passed, despite date labels being indicators of freshness, not safety. What’s more, in the absence of federal law on date labels, no two states have the same date label rules. Several states even restrict or ban the sale or donation of past-date foods. Federal legislation is needed to eliminate state laws that require past-date — but still safe — foods to be wasted, and to standardize date labels so they are clearer to consumers.

When it comes to food that can be donated, most businesses still cite liability as their primary deterrent. This, despite the fact that for the past twenty years, federal law has provided very strong liability protection to food donors. This federal law can be strengthened in several ways — by clarifying key terms, broadening the protections and, notably, tasking a federal agency, such as USDA, with creating guidance that soothes businesses’ concerns. In terms of incentivizing donation, Congress recently expanded the enhanced tax deduction for food donation to all businesses, but our research has uncovered additional opportunities to strengthen this incentive and make sure more healthy food gets to those in need.

When incentives and protections fail to do the trick, stronger measures are needed. Five states and several cities have enacted “landfill bans,” limiting the amount of food waste that can be sent to the landfill. These laws are outcome-oriented, not process-oriented, giving businesses freedom to decide what to do with their excess food. They have also been extraordinarily effective. Vermont’s food bank has seen a 60 percent uptick in food donations since the ban took effect last year. More states should enact such laws, and the federal government can help by identifying ways to encourage states to pass these bans and by providing resources to states to support the necessary food recovery infrastructure.

To read the full story, visit http://www.nytimes.com/roomfordebate/2016/09/21/keeping-food-on-the-plate-and-out-of-landfills/eliminate-laws-that-cause-healthy-food-to-go-to-waste.

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