Fighting Food Waste by Nicolas Cuellar https://padlet.com/ncuellar11/9z5ey9kagk53g5va Legal and Ethical Guide en-us 2023-07-18 17:36:00 UTC 2023-07-20 15:03:05 UTC hello@padlet.com Slide #6 - Federal Statutory Law ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647325479
  • Bill Emerson Good Samaritan Food Donation Act
  • Bill Emerson Good Samaritan Food Donation Act, 42 U.S. Code § 1791 (1996) 
  • Federal Statutory Law
  • https://www.congress.gov/117/bills/s5329/BILLS-117s5329enr.pdf

    • To encourage donation of food and grocery products to non-profit organizations for distribution to individuals in need, The Bill Emerson Food Donation Act establishes Federal protection from civil and criminal liability for persons involved in the donation and distribution of food and grocery products to needy individuals when certain criteria are met. 
    • Protects one from liability when donating to a non-profit organization 
    • Protects one from civil and criminal liability should the product donated in good faith later cause harm to the recipient 
    • Standardizes donor liability exposure. Someone, and his or her legal counsel, do not need to investigate liability laws in 50 states 
    • Sets a floor of gross negligence - intentional misconduct - for persons or organizations who donate grocery products. 

    ]]>     2023-07-18 17:41:49 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647325479     Slide #7 - Federal Administrative Law ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647328427
  • Food Loss and Waste Reduction Liaison
  • Food Loss and Waste Reduction Liaison, 7 U.S. Code § 6924 (2018)
  • Federal Administrative Law
  • https://www.govinfo.gov/content/pkg/USCODE-2021-title7/pdf/USCODE-2021-title7-chap98-subchapI-sec6924.pdf

    • The Secretary of Agriculture will establish a Food Loss and Waste Reduction Liaison to coordinate federal, state, local, and non-governmental agencies and programs to measure and reduce the amount of food waste.
    • Conduct a study on food waste which will include the measurement of food waste, factors that contribute to food waste, the cost of food waste, contributing factors, and the effectiveness of existing protections provided by the Bill Emerson Good Samaritan Food Donation Act
    • Enter into cooperative agreements with non-profit organizations, institutions of higher education and research centers for the development of educational materials, to conduct workshops and courses, and conduct research on best practices in regard to food waste reduction and food recovery
    • Coordinate with the Department of Agriculture and other federal agencies such as the EPA and FDA in food waste reduction efforts
    • Make recommendations for expanding and innovating ways to reduce food waste and increase food recovery

     
    ]]>     2023-07-18 17:51:25 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647328427     Slide #8 - State Statutory Law ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647329691
  • Short-Lived Climate Pollutant Reduction Law
  • Short-Lived Climate Pollutant Reduction Law, Cal. S.B. 1383 §§ 3, 6 (2016)
  • State Statutory Law
  • https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1383

    • SB 1383 §§ 3 and 6, as part of a broader climate-change law, requires for the necessary organic waste recycling and food recovery capacity needed to divert organic waste from landfills into recycling activities and food recovery organizations to lower food waste in landfills by 75% by 2025.

    • A 75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025
    • Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025

    ]]>     2023-07-18 17:55:33 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647329691     Slide #9 - Federal Statutory Law ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647329916
  • Zero Food Waste Act (unenacted bill)
  • Zero Food Waste Act, H.R. 652, 118th Cong. (2023). https://www.congress.gov/bill/118th-congress/house-bill/652/text
  • Federal Statutory Law
  • https://www.congress.gov/bill/118th-congress/house-bill/652/text 

    • The Zero Food Waste Act would provide grants to state governments, Native nations, and local communities to implement food waste prevention, rescue, or recycling projects. 

    • Provide $650,000,000 in grant funding through the EPA for each of fiscal years 2022 through 2031
    • Offer funding for a wide array of food loss and waste projects, including but not limited to: research on waste generation and management, measurement and data collection, and implementation of food waste reduction

    ]]>     2023-07-18 17:56:17 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647329916     Slide #10 - Administrative Law ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647330521
  • Rich Products – Fighting Hunger with Food Waste Solutions
  • Rich Products Corporation. (n.d.). Protecting Our Planet: Consuming Responsibly by Wasting Less.
  • Administrative Law
  • https://www.richs.com/our-impact/sustainability/protecting-our-planet/ 

    • Rich’s goal is to cut corporate food waste in half by 2030 as part of their partnership with the 10x20x30 initiative. The 10x20x30 initiative brings together 10+ of the world’s largest food retailers and providers, each engaging at least 20 suppliers to halve food loss and waste by 2030 (Rich's, n.d.).

    Rich's. (n.d.). Our Impact. https://www.richs.com/our-impact/sustainability/protecting-our-planet/ 


    ]]>     2023-07-18 17:58:37 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647330521     Slide #2 - Summary of Topic ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647332733 In the United States it is estimated that 38% of all food goes unsold or uneaten, which equates to about 149 billion meals annually. Drilling down even further, it is estimated that about 33% of all food in the U.S., or 80 million tons, goes to waste destinations such as landfills, incineration, “down the drain”, or simply left in the fields to rot. The 91.6 million tons that goes unsold or uneaten is roughly 2% of the U.S. GDP, valued at $444 billion (ReFED, n.d.).

    It is also noteworthy that Feeding America estimates 34 million people, or 13.8 million households, in the United States are food insecure, with 53 million people turning to food programs in 2021 alone (Feeding America, n.d.). These are hard numbers to accept when so much food is going to waste instead of into the mouths of hungry people. 

    As someone who has worked in various capacities within the foodservice industry over the past 20 years, the issue of food waste can no longer be viewed as simply the cost of doing business but rather must be seen as the ethical issue that it is.

    Currently, there is no federal requirement, mandate, law, or code intended to prevent edible and useful food from ending up as waste. Likewise, only a handful of states have passed laws with the explicit purpose of tackling the issue of food waste. 

    However, several bills have recently been introduced in the United States Congress, such as the Zero Food Waste Act and the COMPOST (Cultivating Organic Matter through the Promotion of Sustainable Techniques) Act, in an effort to reduce the amount of food waste.

    Feeding America. (n.d.). Hunger in America. https://www.feedingamerica.org/hunger-in-america

    ReFed. (n.d.). Fighting Food Waste. https://refed.org/food-waste/the-problem/#what_is_food_waste

    ]]>     2023-07-18 18:07:05 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647332733     Slide #1 - Topic, Professional Perspective, and Audience ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335728 Over the past several years, the idea of creating shared value, which is the pursuing of company success while simultaneously providing societal benefits (Kramer, M. & Pfitzer, M., 2016), has become a mainstay and part of the backbone of American corporate citizenship. This coincides with and supports the notion that “many of the world’s problems…are so far-reaching that solutions require the expertise and scalable business models of the private sector” (Kramer, M. & Pfitzer, M., 2016). Therefore, many organizations have volunteered to spread their influence and expertise across the country, attempting to tackle societal obstacles such as food waste.

    The topic of food waste is an important one, for no other reason than when staring down at the numbers of how many millions of tons of food go to waste every year in the United States alone, it becomes harder and harder to explain, justify, why so many millions of Americans are food insecure and hungry.

    As an associate at Rich Products (Rich’s), an international manufacturer of food products for retail, foodservice, and in-store bakery, understanding what we can do to prevent needless food waste along our production and supply chains and using data-driven solutions to counter this critical issue is at the forefront of our sustainability initiatives. Rich Products in Buffalo, NY, (Rich Products, n.d.) describes its commitment to the community as such:

    "By doing our part as a corporate citizen and mobilizing our associates, neighbors, partners, and customers around common social causes, we strive to gain insights, cultivate understanding, drive collaboration, and empower change in service of the greater good."

    This legal and ethical guide is designed to inform and entice any organization - their executives and associates - within America's food chain to do their part in voluntarily working to reduce food waste.

    Kramer, M. & Pfitzer, M. (2016, October). The Ecosystem of Shared Value. Harvard Business Review. https://hbr.org/2016/10/the-ecosystem-of-shared-value

    Rich Products. (n.d.). Our Impact. https://www.richs.com/our-impact/community/ 



    ]]>     2023-07-18 18:17:02 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335728     Slide #3 - Professional Association ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335768 The Food Waste Reduction Alliance (www.foodwastealliance.org), a collaborative effort of the Consumer Brands Association, The Food Industry Association (FMI), and the National Restaurant Association (NRA) released a new report that highlights experience-driven advice to keep perfectly good food out of landfills.

    Based off of industry interviews and research, the report recommends several ways to reduce food waste (Food Waste Alliance, 2020):
    • Forge an internal food waste reduction culture
    • Research local infrastructure
    • Recover and redistribute surplus food to feed the community
    • Measure current food waste status
    • Consider composting

    Food Waste Reduction Alliance. (2020, March 3). New Report Provides Tips to Jump Start Food Waste Reduction Across Food Sectors. https://www.foodwastealliance.org/new-report-provides-tips-to-jump-start-food-waste-reduction-across-food-sectors/

    ]]>     2023-07-18 18:17:11 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335768     Slide #4 - Current News Article ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335829 As awareness to the incredible scope of food waste in the United States and around the globe continues to grow, individuals and organizations are looking for and creating ways to mitigate its expansion, one of which is by using science. According to author Dee-Ann Durbin (2022):

    • U.S. food waste startups raised $4.8 billion in 2021, 30% more than they raised in 2020
    • Innoscentia is developing a sensor that can determine whether meat is safe depending on the buildup of microbes in its packaging
    • Ryp Labs is developing a sticker that would release a vapor to slow the ripening process in produce
    • SavrPak developed a plant-based packet designed to fit inside a takeout container and absorb any condensation, keeping the food hotter and crispier
    • Hazel Technologies created a sachet the size of a sugar packet which can slowly release 1-MCP into a box of produce. *1-methylcyclopropene, or 1-MCP, is an EPA-approved, non-toxic gas that has been used for decades to delay the ripening process in fruit
    • Most food waste happens at the residential level - lowering portion sizes and/or purchasing smaller batches of food at a time can help alleviate food waste in the home
    • Improving the accuracy of date labels could have even more impact than technology, and is one of the issues at the forefront of food waste mitigation



    Durbin, D. (2022, December 9). Fight to curb food waste increasingly turns to science. Associated Press. https://apnews.com/article/business-climate-and-environment-df1114de488c2d48836f538591ec9de2




    ]]>     2023-07-18 18:17:18 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335829     Slide #5 - Current News Article ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335877 Although more and more effort is being put into dramatically decreasing the amount of food being wasted in the supply chain both here in the United States and abroad, that data collected is still pointing to it growing. According to author Deena Shanker (2023):

    • The US produced 91 million tons of surplus food in 2021, a 4.8% increase over 2016
    • Households are by far the largest contributor to America’s food waste problem, responsible for nearly half of the total surplus. Produce farms accounted for 17% of the total, manufacturing was responsible for nearly 15%, foodservice about 14% and retail about 6%
    • According to the executive director of ReFED, Dana Gunders, “We are not making anywhere near the progress we need to be to reach the 2030 goal" - that by 2030, food waste levels will be reduced by half compared to 2016 numbers
    • Total food waste is still difficult to quantify accurately, as it is dumped into one of many piles of unmeasured garbage, so estimates are needed to make up for the significant gaps in data - ReFED’s now draws on more than 80 data sources in an effort to close those data gaps
    • The underlying problem in the United States, experts say, is a cultural mindset that has certain expectations around food, since food is cheap(er) and abundant - ReFED proposes 42 food waste solutions, and a public information campaign sits at the top of the list

      Shanker, D. (2023, April 20). New Data Shows US Food Waste Is Getting Worse. Bloomberg. https://www.bloomberg.com/news/articles/2023-04-20/the-us-has-a-food-waste-problem-and-it-s-getting-worse

    ]]>     2023-07-18 18:17:26 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335877     Slide #11 - Ethical Principle ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335938 The Citizenship Principle of the Global Business Standards (GBS) Codex per authors Paine, et al.(2005):

    "Act as responsible citizens of the community. Respect the law, protect public goods, cooperate with public authorities, avoid improper involvement in politics and government, and contribute to community betterment."

    For businesses within the United States food supply chain, it would be a citizenship imperative to strive to reduce food waste, for their own financial sake, but also as an ethical principle to better their communities.

    The GBS Codex consists of eight governing principles used to guide ethical behavior in the business world. The GBS originated at Harvard Business School and was first published in the Harvard Business Review (Paine et al., 2005).

    Paine, L., Deshpandé, R., Margolis, J., Bettcher, K. (2005). Up to Code: Does Your Company’s Conduct Meet World-Class Standards? Harvard Business Review. https://hbr.org/2005/12/up-to-code-does-your-companys-conduct-meet-world-class-standards

    https://hbr.org/2005/12/up-to-code-does-your-companys-conduct-meet-world-class-standards]]>     2023-07-18 18:17:38 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335938     Slide #12 - Non-Law Source ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335979 ReFED (www.refed.org) is a national nonprofit organization that uses data-driven solutions to solve the issue of food waste.

    Since the nationwide food supply network is broad and complex, ReFED partners with Federal agencies, such as the FDA and USDA, and major players in the food business, such as Walmart, Del Monte, Kroger, and Lamb Weston, to not only supply valuable information, but to help implement action within their own scope (ReFED, n.d.).

    ReFED's vast database of information, collected from every link in the United States food supply chain, allows for tangible data to be analyzed, understood, and used as a tool to implement real change, real reduction, in the amount of food waste.

    ReFED. (n.d.). We're advancing data-driven solutions to fight food waste. https://refed.org/

    ]]>     2023-07-18 18:17:45 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647335979     Slide #13 - Recommendations and Best Practices ncuellar11 https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647336015 For our society to tackle the ethical issue of food waste, it is important that we, as vital members of the American food supply chain, understand the situation we are in and follow our principles of corporate citizenship and adhere to any laws, statutory or administrative, that may influence our actions.

    • We must use our organizational capabilities of data collection and analysis to find and understand any pain points along our processes where unnecessary waste is created.
    • We must make ourselves aware of any technological advancements or scientific breakthroughs, specific to alleviating food waste, that we as business entities can implement and use to mitigate our own waste issues.
    • We must develop individual plans to anticipate, locate and donate viable food products to organizations, such as Feeding America and their network of local food banks, before the food goes to the landfill.
    • Any information that we uncover in our processes, or technological advancements we create, that could be useful beyond the scope of our business, should be shared with collaborative organizations, such as ReFED.
    • We should encourage our associates to be mindful of food waste in their private lives by creating a corporate culture that promotes donation, educates on mitigation options, and minimizes waste.
    • We, as leaders in our industry and communities, should lead by example, lead with authenticity, and lead with conviction and character. We have the power and ability to feed, to nourish our neighbors and their families, and we should not be allowing that opportunity to, literally, go to waste. 
    ]]>     2023-07-18 18:17:52 UTC https://padlet.com/ncuellar11/9z5ey9kagk53g5va/wish/2647336015