1. Indiana Food Scrap Initiative
February Stakeholder Meeting

2. 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

3. 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)

4. 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

5. 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

6. 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

7. 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 )

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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!

16. 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

17. 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

18. 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