Indiana Food Scrap Initiative February 9 2017 Stakeholder Meeting

Model Rules and Regs: State level Harvard Law & Food Policy Tool Kit Several policy areas states can target to prevent and sustainably manage food waste Liability Protection for Donors Food Safety Regulations Tax Incentives* Date Labeling* School Lunch Programs* Feeding Food Waste to Livestock Organic Waste Bans Anaerobic Digestion

Tax Incentives for Food Donations Only 9 states incentivize food donation via tax breaks Why are they good? Increase donations & food recovery General deduction vs. enhanced increased base value x2 and food donations ^ 137% Can be tailored to target specific businesses Model states CA offers a farmer AND a transportation credit VA credit uses FMV rather than base or inventory cost AND is one of highest caps ($5K or 30% FMV of food)

Tax Incentives for Food Donations Policy Recommendations Credits > deductions Raise claim caps Use FMV Tailor to foods produced w/in state to capture more waste Offer transportation credits Don’t restrict credits if recipient pays for food

Date Labeling Standardizing labels would divert 398,000 tons of food waste/year and provide $1.8B/year in value–ReFed FDA/USDA don’t regulate no state is the same consumer confusion Federal Date Labeling Act of 2016 “best if used by” and “expires on” Model states CA – bill died CT – DEP published factsheet MA – enhanced liability protection for past date donations

School Food Waste 25% elementary lunches trashed Highly regulated -> NSLP/SBP Admin confusion State Policy Suggestions Extend lunch times, hold after recess Offer vs. serve, allow food to leave cafeteria Tray bans Participate in USDA and EPA Food Waste or Recovery Challenges (pledge & report) Share tables, pop-up pantries

School Food Waste Model States IN – LOTS of resources thanks to ISDH & IDE & Food Rescue at over 200 schools  CA – extensive guidance & promotion of share tables & traveling food MA –donates unconsumed NSLP / SBP, work with chefs to train cafeteria employees CT – district-wide composting how-to doc (but restricts non-commercially packaged items at share tables )

Feeding Food Scraps to Livestock Benefits Cost savings: farmers-feed & businesses-disposal Reduces demand for corn/grain Conserves land Federal regulations are floor Swine Health Protection Act Heat treat before serving scraps containing animal products FDA’s Ruminant Feed Ban Rule No mammal tissue in ruminant feed FSMA

Feeding Food Scraps to Livestock AL and UT don’t regulate >30 require heat treatment of animal based scraps 12 states require heat trtmt. of ALL scraps Some require heat trtmt. scraps for household livestock 15 states prohibit animal products in feed 9 of which prohibit vegetable scraps too  Still allow bakery/brewery waste, candy, & non-animal, non-vegetable items

Feed Food Scraps to Livestock Hard to say which state is model – complex regs Recommendations Don’t go beyond federal laws Eliminate bans on feeding food scraps to livestock Consider whether heat trtmt. of veg scraps necessary Be informed on risks of diseases before enacting stricter regs. Limit regulations on scraps to household livestock

Organic Waste Bans Food is huge component of MSW methane 56x warming power of CO2 Ban organic waste from LF’s OR mandate organics recycling 5 Model states VT, MA, CT, RI, CA Differ in: Who is covered (residents, commercial, industrial) Threshold for generation proximity to composting facility exemptions

Organic Waste Bans Rhode Is Connecticut Massachusetts Least stringent Commercial or industrial generators only 104 ton/yr > 52 tons/yr by 2018 Proximity < 15mi *waiver if LF tipping fee is less than composting/AD facility fee Connecticut Covers commercial or industrial only generators 104 tons/yr (52 by 2020) Proximity < 20 miles Massachusetts Applies to anyone covers generators 1 ton/wk No proximity exemption

California Landfill diversion mandate (65% rate currently) Organics recycling mandate Applies to commercial/industrial/entities Threshold: 8 cubic yds/wk 2cubic yds/wk by 2020 No proximity exemptions except rural

Vermont Universal Waste Recycling Law 2012 Includes organic waste ban– Essentially a 0 waste plan Includes organic waste ban– applies to ALL generators by 2020 Proximity < 20mi (2020 no exemptions) Resulted in 60% increase in donations General hope is if you ban it they will build it

Organic Waste Ban Recommendations VT is ‘goal’ Phase out proximity exemptions No exemptions based on lower LF tipping fees Include EPA hierarchy language in waste ban law If plan is to ban, you have to build up infrastructure!

Anaerobic Digestion Generates renewable energy, income, reduces disposal costs, closed loop for nutrients Over 2K AD sites in US but only 44 accept food waste (EPA agstar) Most of those are in PA, WA, NY, OH, WI Model state – PA 13 ADs serving popl’n 59K PA has long history of ADs

Anaerobic Digestion Policy Recommendations Determine whether existing Ag AD’s can accept food waste Make sure state AD permitting isn’t overly stringent Promote state funding to support ADs Enhance tax incentives for onsite energy production Enhance NPS discharge regulations

Overall Policy Lessons Make sure your state rules and regs are tailored to your states unique food landscape Force sustainable food waste infrastructure via mandates/bans