Food Donation
Cuyahoga County alone faces a food insecurity rate of over 18% while in 2019, U.S. businesses generated approximately 50 million tons of surplus food – the equivalent to 80 billion meals, 40% of which is wasted on average. Much of this food could feed hungry people, while reducing disposal costs and providing tax benefits for your business.
4 Key Steps for Launching a Successful Food Donation Program
- Identify the types and amounts of food to be donated
- Identify partner organizations in your area
- Determine packaging, storage, and labeling requirements
- Determine how food will be transported and picked up
Food Recovery Hierarchy
Businesses should consider how each strategy on the US EPA’s Food Recovery Hierarchy can contribute to a comprehensive plan to mitigate wasted food, prioritizing feeding hungry people when possible.
| Source Reduction Reduce the volume of surplus food generated | Most Preferred |
| Feed Hungry People Donate extra food to food banks, soup kitchens, and shelters | ↕ |
| Feed Animals Divert food scraps to animal feed | |
| Industrial Uses Provide waste oils for rendering and fuel conversion and food scraps for digestion to recover energy | |
| Compost Create a nutrient-rich soil amendment | |
| Landfill/Incineration Last resort to disposal | Least Preferred |
Greater Cleveland Food Bank
(216) 738-2067
Hunger Network
(216) 618-0638
Euclid Hunger Center
(216) 731-3329
Food Rescue US
(800) 280-3298
Labeling Donations
Most food that is "apparently wholesome" and/ or "fit for human consumption" can be donated. Properly label, package, and store donations to prevent contamination or spoilage. Labeling is a crucial component in the process to ensure all parties involved in the donation and receipt of food items can operate safely.
Recommended language for food labels:
- Name and location of food distribution organization
- Name and location of donor
- Food description (i.e. ingredients)
- Date of donation
- Allergen disclaimer statement
Sample Warning Label
| WARNING |
| This container holds rescued food! This food may contain, have come into contact with, or have been produced in a facility which also produces milk, eggs, peanuts, tree nuts (walnuts, almonds, pecans, hazelnuts/ filberts, pistachios, cashews, coconuts, pine nuts, macadamia nuts, and/or Brazil nuts), fish, shellfish (crab, crawfish, lobster, shrimp, mussels, and/or oysters), wheat, soybeans, and/or sesame seeds. |
Finding Partner Food Rescue Organizations
There are many organizations that accept and distribute food for donation. If you are having trouble locating organizations in your area, speak with the Cleveland Department of Public Health for more information on food donation programs.
Building a Safe Donation Program
Food donations are an important strategy for alleviating food insecurity and providing access to safe, healthy food.
• For prepared foods, temperature logs should be kept showing proper temperatures have been maintained.
• Write down standard operating procedures (SOPs) on how you will handle food for donation, storage, and types of food you will be donating.
• Train all staff about your food donation program – hold staff meetings, create signage, and create checklists.
• Share your SOPs with the organizations you partner with so everyone involved is on the same page.
• Understand which foods can and cannot be donated. For example, food from a buffet line should not be donated.
Food Donation Laws and Liability Protection
YOU’RE PROTECTED! There are several laws pertaining to food donation at the federal and state level. The Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791) encourages food donations by providing liability protections for businesses that donate ‘apparently wholesome’ food in ‘good faith’ to nonprofit organizations. 42 U.S.C. § 1758(l) explicitly states that schools participating in the national lunch program that donate excess food receive liability protection.
The State of Ohio provides liability protections beyond the Bill Emerson Good Samaritan Food Donation Act (NRDC). These protections include a "presumption of good faith, cover donations made directly to individuals, and allow distributors to charge a small fee for donated food." Ohio also notes explicitly that a presumption of liability does not arise merely because a sell-by date has passed.
Note: If a dual date-labeling system is implemented, liability protections should be amended to include clear permission to donate after the quality-based date,". The NRDC: Great Lakes Food Waste Policy Gap Analysis and Inventory has more information.
In Ohio, the Ohio Revised Code § 2305.37 protects eligible donors that donate or distribute apparently wholesome food for free. Eligible donors include individuals, non- profit groups, corporations, business trusts, estates, trusts, partnerships, associations, and government entities. To learn more about liability protections, tax incentives, and date labeling laws specific to states, refer to Harvard Food Law and Policy Clinic’s state- specific fact sheets.
wastedfood.cetonline.org/states/ohio
(888) 813-8552
wastedfood@cetonline.org
Developed in partnership with the Cleveland Department of Public Health.