Policy Issues Involving Food Loss and Waste

Policy Issues Involving Food Loss and Waste

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Updated September 15, 2023
Policy Issues Involving Food Loss and Waste
The 118th Congress has continued to introduce legislation
Protection Agency (EPA) estimates that food accounts for
addressing food loss and waste, building on enacted
24% of solid waste sent to U.S. landfills. EPA claims this
provisions in the Agriculture Improvement Act of 2018
uneaten food contains enough calories to feed “far more
(P.L. 115-334, 2018 farm bill). The 2018 farm bill created
than the 35 million estimated food insecure Americans.”
authorities supporting composting initiatives and expanded
coordination among federal, state, and local activities at the
By volume, EPA estimates 62% (66.2 million tons) of
U.S. Department of Agriculture (USDA) to reduce the
wasted food was generated in the retail, food service, and
incidence of food loss and waste. Congress may consider
residential sectors. The food manufacturing and processing
changes to federal food loss and waste initiatives as it
sectors generated the remaining 38% (40.1 million tons).
debates farm bill reauthorization.
(See Figure 1.) These data do not include farm-level losses
and may be underestimated. Of the estimated tonnage
Terms and Definitions
generated in the retail, food service, and residential sectors,
Definitions of food loss and food waste vary and continue
an estimated 40% was from households, 40% was from
to evolve. Neither term is defined in U.S. statute or
food service providers, and 20% was from food retail. Food
regulation. In general, food loss refers to unused product at
loss and waste occurs across all major food groups.
the farm level, such as unharvested crops, but may include
loss in other production stages up to (but not including) the
Figure 1. Estimated Annual Wasted Food Generation
retail level. Unharvested crops may be due to, for example,
market price volatility, labor cost and availability, cold
chain infrastructure, and quality-based contracts and
standards, according to USDA. Losses may occur if food is
unintentionally damaged or destroyed by pests or mold
during the production, manufacturing, transportation, or
distribution of food. In contrast, food waste occurs at the
retail, food service, and residential levels and refers to food
that is ultimately not consumed but is instead discarded or
recycled. This may include food that is suitable for human
consumption but discarded by retailers or consumers due to
quality concerns or undesirable product attributes (such as
food not meeting retailers’ size, color, and appearance
standards, or consumer preferences). This may also include
food that is served but not eaten (plate waste), spoiled food,
or food considered inedible (such as peels and rinds).

Source: EPA, 2019 Wasted Food Report, April 2023 (Table 3-4, 2019
Estimated Food Loss and Waste
data). Other food service includes schools/col eges, hospitals, nursing
homes, hotels, sports venues, military instal ations, and prisons.
Food loss and waste is associated with a series of policy
concerns spanning economic, social, and environmental
Globally, the United Nations claims about one-third of all
impacts. Economic impacts occur throughout the supply
food produced for human consumption is lost or wasted. Of
chain and include financial and disposal costs to food
this, 14% is lost from harvest and the manufacturing and
producers, processors, and distributors as well as financial
processing sectors (excluding retail) and another 17% is
impacts to consumers from food that is uneaten or thrown
wasted at the retail and consumer levels. Estimates of loss
away. Social impacts include concerns about food
and waste worldwide vary by country, income status, and
insecurity and related nutritional needs. Natural resource
food type. Growing attention to food loss and waste—and
and environmental impacts include the use of land, water,
the potential to help address global food insecurity if
energy, and other inputs (including labor) needed to
addressed—is now part of the United Nations 2030 Agenda
produce, process, and distribute food. Food loss and waste
for Sustainable Development (Target 12.3).
further contribute to greenhouse gas emissions throughout
the supply chain and when food is sent to landfills.
Administration and Industry Efforts
In 2015, USDA and EPA launched the 2030 Food Loss and
In the United States, 30%-40% of the food that is produced
Waste Reduction Goal, building on prior efforts initiated by
is unsold and uneaten, according to USDA. This costs the
both agencies. The goal seeks to reduce food loss and waste
U.S. economy an estimated $218 billion, or 1.3% of GDP,
by 50% by 2030. In 2018, USDA, EPA, and the Food and
annually. USDA notes that, among other societal impacts,
“
Drug Administration (FDA) entered into an interagency
land, water, labor, energy and other inputs are used in
agreement to coordinate federal food loss and waste efforts.
producing, processing, transporting, preparing, storing, and
Ongoing federal efforts include investment in USDA’s
disposing of discarded food.” The Environmental
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Policy Issues Involving Food Loss and Waste
Composting and Food Waste Reduction (CFWR)
Considerations for Congress
cooperative agreements as well as support for EPA’s Solid
In recent years, Congress has enacted legislation that takes
Waste Infrastructure for Recycling and the Consumer
steps to address food loss and waste. The 117th Congress
Recycling Education and Outreach grant programs. EPA’s
passed P.L. 117-362, amending the Bill Emerson Good
Science to Achieve Results grants have supported research
Samaritan Food Donation Act (42 U.S.C. §1791). P.L. 117-
of household food waste. Some of these efforts have been
362 allows for direct food donations to individuals from
supported by agency funding provided through the
grocery stores, restaurants, schools, and more. It also
American Rescue Plan Act of 2021 (P.L. 117-2) and the
clarifies existing guidance and best practices to help
Infrastructure Investment and Jobs Act (P.L. 117-58).
businesses donate food safely and without risk of litigation.
It built upon previously enacted changes in 2015 (P.L. 114-
Figure 2. EPA’s Food Recovery Hierarchy
113), when Congress made permanent the (formerly
temporary) enhanced charitable deduction for contributions
of food inventory, extending and expanding the charitable
tax deductions for food donations. Generally, food donors
are protected from liability, unless they are negligent.
The 2018 farm bill (P.L. 115-334) also addressed food loss
and waste. It created new grant authorities, providing
USDA with the ability to establish cooperative agreements
to support pilot projects for planning and implementing
municipal compost and food waste reduction plans under
USDA’s CFWR program (§12302; 7 U.S.C. §6923). The

farm bill also established a micro-grants program to support
Source: EPA.
locally grown food that allows the use of subgrant funds to
buy or build composting units (§4206; 7 U.S.C. §7518). It
EPA’s Food Recovery Hierarchy highlights ways to
also established a Food Loss and Waste Reduction Liaison
address food loss and waste (Figure 2). Source reduction
at USDA to coordinate federal, state, local, and
and distributing to those in need represent the “most
nongovernmental programs (§12504; 7 U.S.C. §6924).
preferred” actions and incineration or landfill represents the
USDA has continued to develop information resources and
“least preferred” action. Similarly, nongovernmental groups
support activities such as food recovery and gleaning efforts
recommend ways to address loss and waste across the food
to collect crops left in fields unharvested, crop insurance
supply chain. For example, ReFED proposes the following
guidance for gleaning crops, and information on liability
action items: (1) harvest optimization (such as avoiding
protections for donated foods. (USDA defines gleaning as
overproduction), (2) product distribution (using technology
“collecting excess fresh foods from farms, gardens, farmers
to efficiently move products), (3) product management
markets, grocers, restaurants, state/county fairs, or any
(aligning purchases with sales), (4) product utilization
other sources in order to provide it to those in need.”)
(upcycling surplus and byproducts into food products), (5)
consumer education, (6) rescue and recovery, and (7)
In the 118th Congress, bills addressing food loss and waste
composting and recycling. ReFED claims these actions
have continued to be introduced. The Zero Food Waste Act
could reduce annual food loss and waste by 45 million tons
(H.R. 652/S. 177) would create grant authorities to study
given its diversion or reduction potential (Figure 3).
food waste generation and management planning, as well as
expand data collection and reporting. The COMPOST Act
Figure 3. ReFED Proposed Key Action Areas
(H.R. 651/S. 179) would make composting a conservation
practice and activity under USDA’s conservation programs
and would authorize grants and loans to expand food waste
composting. In addition, Members of Congress have
continued to introduce legislation that would standardize
federal date labeling requirements for USDA- and FDA-
regulated foods. (See CRS In Focus IF10398, Uniform Date
Labeling of Food May Address Food Waste.) Congressional
appropriators also are seeking to expand waste education
and prevention information (H.Rept. 118-124). Previously
introduced legislation included other waste and recovery
proposals such as support for energy generation and co-
composting projects as well as changes to federal
procurement policies. A coalition of advocacy groups has
developed a series of recommendations that includes some
of these proposals. As noted above, Congress may consider

these or other proposals as it debates the next farm bill.
Source: CRS from ReFED’s Roadmap to 2030: Reducing U.S. Food
Waste by 50%. Based on diversion or reduction potential. Other
Recycling, Composting includes co-digestion at wastewater treatment
Renée Johnson, Specialist in Agricultural Policy
plants, home and community composting, and reuse as animal feed.
IF10317
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Policy Issues Involving Food Loss and Waste

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