There are many reasons why restaurants don’t donate food to charities. Among them are liability protection, lack of shelf space, and fear of lawsuits. Some restaurants have taken action to reduce waste, but others still need to. Whatever the reason, restaurants should follow stricter guidelines when donating food to nonprofits.
Liability protection
A national law protects good-faith food donors from liability. This law is known as the Bill Emerson Act and was signed into law by President Bill Clinton in 1996. It provides federal liability protection for food donations made by qualified nonprofits. Although the Act doesn’t wholly prevent liability, it provides a minimum protection level.
In addition to protecting nonprofits from liability for injuries or damages, the law also protects individuals, corporations, partnerships, nonprofit organizations, and governmental agencies who donate food to nonprofit organizations. The federal law also protects individuals, organizations, and companies that donate food to food banks. In California, restaurants that donate food are protected if they follow state and local health regulations.
The new law clarifies and strengthens existing laws protecting food donors. Many restaurants and grocers still need to learn about the law’s provisions and are worried about being held liable for food donated to nonprofits. A co-sponsor of AB 1219, CAW believes the law will help protect good-faith food donors. The new law also directs the USDA to clarify standards for food quality and labeling.
Under the Bill Emerson Act, nonprofits and restaurants that donate food to food banks are protected from civil and criminal liability. It only applies to intentional misconduct or gross negligence. The food must have been presented in good faith and meet federal and local standards to qualify as “good” food.
While many businesses are reluctant to donate food due to liability concerns, the Bill Emerson Good Samaritan Food Donation Act, signed into law in 1996, helps protect businesses from liability when they donate food. The law protects donors who donate food in good faith but doesn’t cover those who donate food in bad faith.
Shelf space
One of the biggest problems facing restaurants is that they can’t donate food to the homeless. Many reasons are involved, including safety concerns and liability issues. If a homeless person becomes ill from consuming a restaurant’s leftovers, it could lead to a lawsuit. In addition, there are environmental concerns.
In the United States alone, 40 million tons of food is wasted annually – over 25% of the food supply. This waste costs the food industry $162 billion annually. Donating unused food is a great way to help alleviate this problem, but restaurants have to be careful because there are safety guidelines and legal implications.
The biggest challenge is liability concerns. Restaurants worry that donating food to nonprofits could expose them to hefty lawsuits. But according to Professor Nicole Civita, director of the Food Recovery Project at the University of Arkansas School of Law, this problem is not as severe as it might seem.
Lack of donations
A recent study suggests that nearly 94 percent of food wasted by restaurants is thrown away. Most of it is in landfills, producing methane emissions and harmful gases. Moreover, the resources required to have food often go to waste. This is one reason why restaurants should consider donating to charities.
Fear of lawsuits
A common reason why many restaurants are reluctant to donate food is the fear of lawsuits. According to the Food Waste Reduction Alliance, 56 percent of large restaurants said they were hesitant to donate food because of fear of lawsuits. But more than the fear of cases should be needed for a restaurant to avoid giving away edible leftovers. Hunger relief organizations are eager to take food donations from restaurants.
While this fear may not seem logical, it has a tangible effect on businesses. If a restaurant hesitates to donate food, it will likely impact its bottom line. After all, wasted food means wasted money. That’s why it’s crucial to understand whether this fear is based on fact.
In 1996, the Food Donation Act was passed. It protects those who donate food in good faith from being sued for mishandling it. This law also shields restaurants from lawsuits if they accidentally make a food item unsafe. As long as the food is cooked correctly, it’s perfectly safe to donate it.
Food donation is an incredibly philanthropic way to give to charity. Food donations can benefit hundreds of organizations in need. It’s even possible to make donations that can save lives. Donating food can also support local businesses and keep the economy going.
Lack of supply
One of the significant causes of food waste at restaurants is an inadequate estimation of food requirements. Proper estimating of food consumption requires a certain level of pre-prep and portioning. Another reason is that restaurants must donate more food to meet their demand. This is a problem faced by many smaller businesses, which often need more volume to donate. However, larger chains and supermarkets can donate food in large quantities.
