For Educators

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Interested in starting a food recovery program at your school? There are lots of people, programs and resources in DC to help your school community divert food from the landfill to better uses. Below are a list of food recovery programs, resources, services and stories that are beneficial to anyone wanting to recover food and/or reduce food waste in DC schools. If you know of any other resources or would like to share your food recovery in schools story please email dcfoodrecovery@gmail.com.

Partners and Programs
Strategies
Food Recovery School Resources
Composting Programs for Schools
Personal DC Stories about School Food Rescue

Partners and Programs

DCPS Recycles! provides supplies, support, and services to enable all DCPS schools to recycle and compost.

Food Bus is a non-profit that helps schools set up food recovery programs.

Food Rescue US coordinates volunteers through an app to help transport extra food to the nearest food pantry for free.

College Programs

Food Recovery Network organizes chapters at colleges and universities to recover food on campus.

Campus Kitchen organizes chapters at colleges and universities to recover food on campus.

Strategies

Share Tables
A “share table” program allows schools to set aside food that wasn’t eaten for children to eat at a later time, take home, or donate to a receiving agency.

DC’s Food Code allows re-serving “not potentially hazardous” food on a share table such as preserved food in a wrapper, fruit with peels, etc.

Re-serving “potentially hazardous” foods (e.g. sealed milk) requires applying for a DOH variance to prove you can keep the milk cool long enough to be recovered.

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Pop-Up Pantries
Schools can collect extra food for a short time to hold an on-site pop-up pantry for community members in need. Currently, it is necessary for a 501c3 non-profit to oversee this donation to qualify for the Good Samaritan federal liability coverage. However, the new DC Save Good Food Act, if it passes the DC Council, will extend the liability coverage to permit donation directly to individuals in need.

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Food Recovery School Resources

Programs and Resources

WWF: Food Waste Warrior Toolkit (For Schools)
The food waste warrior toolkit provides lessons, activities and resources to share how what we eat and what we throw away impacts our planet by creating a classroom in the cafeteria.

Zero Waste DC School Resources
DGS Sustainability Division’s guides, signage and programs for recycling and composting at schools.

Liability Coverage

The Federal Bill Emerson Good Samaritan Food Donation Act of 1996

Extends liability coverage to anyone donating food in good faith to a non profit
No one has ever been sued for donating food since this bill

DC Good Faith Donor and Donee Act
In 1981, the District of Columbia passed such legislation, which provides civil and criminal liability protection to food donors and nonprofit organizations that receive and distribute donated food free of charge or at a nominal fee.

DC Policies

Food Recovery in the District of Columbia: A Legal Guide
The Harvard Food Law and Policy Clinic partnered with the DC Food Recovery Working Group to published the “Food Recovery in the District of Columbia: A Legal Guide” as a guide for laws and policies around food recovery in DC.

DC Food Policies

Extend the same liability coverage as Bill Emerson Act
DC’s Food Code allows donation of unserved food

DGS/DOH Shared Table Guidance

DC’s Food Code allows re-serving “non potentially hazardous” food on a share table
Re-serving some “potentially hazardous” foods requires applying for a DOH variance

OSSE’s Offer vs. Serve Guidance
To help prevent food waste this model allows children to make chooses on what they want to eat to avoid getting food they don’t want.

National Policies

USDA Guidance on School Food Donation
The USDA has issued guidance on school food donation. This guidance advises schools to plan menus carefully to avoid making excess food altogether, and recommends that schools, in consultation with local and state health and sanitation codes, consider incorporating leftover food into subsequent meals, or offering “share tables” where students can leave extra food to be taken by other students. The guidance only suggests donating to a food bank or 501(c)(3) charitable organization when these avenues of mitigating food waste are not possible.

The National School Lunch Act
The National School Lunch Act explicitly allows schools to donate food not consumed
from theNational School Lunch Program (NSLP) and the School Breakfast Program
(SBP) as long as the unconsumed food is donated to a food bank or charitable organization. Schools that participate in the NSLP and SBP are already required to follow certain food safety standards, including implementing a written food safety program and undergoing a health inspection twice a year. The National School Lunch Act explicitly states that schools are protected by the same food donation liability protections set forth in the federal Emerson Act.

FAQs

According to “Food Recovery in the District of Columbia: A Legal Guide”

Food Safety for Food Donations

“Food donors and food recovery organizations must comply with food safety regulations. However, these regulations often do not directly address food donation, and can be difficult to navigate for food donors, food recovery organizations, non-profits and health inspectors alike. This section will discuss federal and D.C. food safety laws for food donations.

Does the federal government regulate food safety for food establishments in D.C.? The federal government does not regulate food safety for food establishments such as restaurants, institution nal kitchens, and retail food stores. That is because these entities sell food within states or the District, and the federal government only has the power to regulate food that is traveling in interstate commerce. As a result, states and the District are responsible for regulating and enforcing food safety regimes for food establishments within their borders and the federal government is responsible for regulating food facilities that process food for sale nationally.

However, state food safety laws and regulations are largely based on model federal food safety guidance published by the United States Food and Drug Administration (FDA), the federal agency responsible for protecting the public health by ensuring the safety of the nation’s food supply. The FDA Food Code is the primary guidance states and localities follow when developing food safety laws. It reflects the input of an array of experts—including regulatory officials, industry, academia, and consumers—who participate in a biennial Conference for Food Protection.

Although the federal government provides guidance via the FDA Food Code, individual states are responsible for regulating the safety of food establishments.89 The FDA Food Code is not binding Comprehensive Resource for Food Recovery Programs unless a state or local government chooses to adopt it as such by passing a statute or by incorporating it into regulations.90 All fifty states and Washington, D.C. have adopted some version of the FDA Food Code.91 Unfortunately, the FDA Food Code does not specifically address food safety for food donations, meaning that states, including D.C., generally do not have language about food donations in their regulations.

The Comprehensive Resource for Food Recovery Programs is a guidance document for the various stakeholders involved in or impacted by food recovery on how to create a food donation program that adheres to food safety standards. It includes guidance and sample forms on the relevant food safety rules for food recovery programs. The Comprehensive Resource is not binding law and is only intended to be a supportive tool. Source: Comprehensive Resource for Food Recovery Programs, Conf. for Food Prot., 15-16 (Apr. 2016), http:// http://www.foodprotect.org/issues/packets/2016Packet/ attachments/I_011_content_b.pdf.

Does D.C. have any food safety regulations that focus on food recovery?
No. Although D.C. has food safety and sanitation standards for food establishments in D.C. (restaurants, grocery stores, etc.) the standards do not clearly indicate what safety requirements specifically govern food donations. Nevertheless, businesses in D.C. should ensure that they are following D.C. food safety standards when starting a food recovery program, specifically any provisions that apply to the storage, transportation, handling, and packaging of food. For example food donors should:

Store donated food in a clean, dry location where it does not face exposure to splash, dust, or other contaminants
Ensure that employees and staff handling food donations follow proper hand washing and hygiene practices by washing hands thoroughly for at least 20 seconds before handling food.
Monitor the time and temperature of potentially hazardous prepared food to ensure that the food does not stay in temperature danger zone (42° F – 139° F) for more than two hours.
Avoid cross-contamination of foods by keeping raw food, such as meats and poultry, away from cooked or ready to eat food.
More information about the D.C. Food Code and food safety standards for food establishments in D.C.

More information can be found here: https://doh.dc.gov/service/food-code-frequently-asked-questions.

Are there any guidance documents that businesses can use to ensure food is being donated safely?
The D.C. government has not created any guidance documents to help ensure food is donated safely. However, the following states have created food safety guidelines that can be adapted by businesses and the District to help ensure safe food handling and distribution practices:

San Diego County, California produced a “Too Good to Waste!” guide that includes sections on food handling rules for how to donate food safely, such as required temperatures for cooling down cooked food. They also produced an easy-to-use safe food handling donation checklist. The guide can be found here: http:// http://www.sandiegocounty.gov/content/sdc/dpw/ recycling/Food.html.

The Massachusetts Department of Environmental Protection, in partnership with the Center for EcoTechnology’s RecyclingWorks program, produced a guide for best management practices for food donation. It has been vetted by the Massachusetts Department of Public Health and accurately reflects Massachusetts food safety regulations, as well as best practices for donating food. This guide is disseminated to interested potential donors online and via trainings and direct technical assistance to help donors create well-structured food recovery programs. The guide can be found here: https://recyclingworksma.com/donate/.

New York City, New York created “Simple Steps to Donate Your Healthy Surplus: A Guide for Food Donors,” which contains food safety instructions, answers to frequently asked questions that directly address donors’ concerns, contact information for food recovery organizations in NY, and information on the liability protections donors receive.100 The guide can he found here: https://www1.nyc.gov/assets/doh/downloads/pdf/public/food-donor-resource-guide.pdf

Proposed D.C. Legislation: Save Good Food Amendment Act Food Safety Guidance
The Save Good Food Amendment Act would require the D.C. Department of Health and the Office of Waste Diversion to develop a food donation guide that would include safety regulations, best practices, and a list of organizations that accept donated food. D.C. Department of Health would also have to train health inspectors on the information in the guide. Source: Save Good Food Amendment Act of 2017, B22-0072, 2017 D.C. http:// lims.dccouncil.us/Download/37273/B22-0072-Introduction.pdf.

Conclusion

The federal government does not regulate food safety for food establishments such as restaurants, institutional kitchens, and retail food stores. Thus, states and the District generally regulate food safety in food establishments. Although D.C. has food safety regulations for food establishments, these regulations do not clearly indicate what safety requirements specifically apply to food donation.

Food Recovery in K-12 schools

Schools present unique and important foodSchools present unique and important food recovery opportunities. Food waste in schools has long been an issue, with rates mirroring larger trends in consumer food waste. It is estimated that elementary and secondary schools waste about two pounds of food per student each month. School food waste is caused by a multitude of factors.Students generally have too little time to eat, and rushed students eat less and throw away more.103Additionally, widespread misunderstanding of school food regulations contribute to waste. This section will discuss both federal and D.C. laws and policies that pertain to the recovery and donation of excess foods from K-12 schools.

Does the federal government regulate the recovery and donation of surplus food from K-12 schools?

The federal government plays an active role in regulating school food, particularly food procured using funds under the National School Lunch Program (NSLP) and the School Breakfast Program(SBP).104 The National School Lunch Act explicitly allows schools to donate food not consumed from the NSLP and SBP as long as the unconsumed food is donated to a food bank or charitable organization. Schools that participate in the NSLP and SBP are already required to follow certain food safety standards, including implementing a written food safety program and undergoing a health inspection twice a year. The National School Lunch Act explicitly states that schools are protected by the same food donation liability protections set forth in the federal Emerson Act.

The United States Department of Agriculture (USDA) also encourages schools participating in NSLP and SBP to use “share tables.” Share tables are a table or cart where students can put uneaten food still in its original wrapper or peel and another student can take the food for free, or the school can donate the food. Share tables must meet the same food safety standards that schools that participate in NSLP and SBP are already required to follow and must also meet state and local health and safety standards. More information about the USDA’s policy on share tables can be found here: https://www.fns.usda.gov/use-share-tables-child-nutrition-programs.

USDA Guidance on School Food Donation

The USDA has issued guidance on school food donation. This guidance advises schools to plan menus carefully to avoid making excess food altogether, and recommends that schools, in consultation with local and state health and sanitation codes, consider incorporating leftover food into subsequent meals, or offering “sharetables” where students can leave extra food to be taken by other students. The guidance only suggests donating to a food bank or501(c)(3) charitable organization when these avenues of mitigating food waste are not possible.
Source: Guidance on the Food Donation Program in ChildNutrition Programs, U.S. Dep’t of Agric., Feb. 3, 2012 https://www.usda.gov/oce/foodwaste/FNS_Guidance.pdf

Are there any laws in D.C. that pertain to the recovery and donation of excess food from K-12 schools?

No. There are no specific laws in D.C. pertaining to donating excess food from schools. However, the D.C. Food Code does provide guidance on share tables in D.C. The D.C Food Code allows packaged, closed, and non-potentially hazardous foods, such as cereal packs, or bags of carrots, to be reserved. 110 In order to re-serve “potentially hazardous foods,” such as milk, cheese or other foods requiring time and temperature control on a share table, schools must apply for a variance to the D.C. Code by contacting the D.C. Department of Health to obtain a Variance Request Form. Contact information for the D.C. Department of Health’s Food Safety and Hygiene Division can be found here: https://doh.dc.gov/service/food-safety-hygiene-and-inspection-services-division

Thus, the following foods are allowed and not allowed on share tables in D.C. schools:

Foods allowed on share tables in D.C.

Commercially pre-packaged, unopened items with the packages intact, including cereal packs, crackers, bags of carrots, and raisin boxes
Whole uneaten fruits and vegetables with inedible skin, like bananas and oranges
Commercially pre-packaged perishable food and beverage products, like milk and cheese, if the package is unopened and the item is stored in an ice bath, cooler, or refrigerator maintained at or below 41°F at all times.

Foods not allowed on share tables in D. C.

Fruits and vegetables with edible skin, like apples, pears, and peaches
Open items, unpackaged items, and items in packages that are not intact, such as a salad bowl without a lid, or an opened bag of baby carrots or sliced apples
Perishable foods when a temperature control mechanism is not in place
Food and beverage items brought from a student’s home

Are there any guidance documents that schools can use to ensure excess food is being recovered and donated safely?
D.C. does not currently have any published guidance on food recovery in schools. However, the following states and school districts have developed helpful guidance for food donation in schools, and can serve as useful models for D.C. schools interested in adopting a school food donation program:

Oakland Unified School District created a food donation guide with step-by-step instructions and customizable templates that can be utilized to create a school food donation program. The guide can be found here: https://furtherwithfood.org/wp-content/uploads/2017/06/Food-DonationGuide-June1_17.pdf.

Indiana’s Department of Health created guidance documents on food donation best practices for schools. The Indiana guidance document includes distinctions between opened and unopened packages as well as temperature control requirements, and instructs how to set up a share table system. The guidance document can be found here: https://in.gov/isdh/files/School_Sharing_ Tables_and_Food_Recovery_12-23-2015_(2).pdf.

Wisconsin’s Department of Public Instruction created a food safety protocol and monitoring program for schools to use when setting up a share table. The food safety protocol can be found here: https://dpi.wi.gov/school-nutrition/food-safety#waste.

Conclusion

The federal government plays an active role in regulating the nutrition of school food, particularly food procured using funds under the NSLP and the SBP, and explicitly allows and promotes the donation of surplus food from these programs. The USDA supports, and has issued guidance on, school food donation for schools interested in starting a food donation program. Currently, D.C. does not have any specific laws or guidance pertaining to donating excess food from schools in the District. However, the D.C. Food Code does provide guidance on foods allowed and not allowed to be included on share tables.

Composting Programs for Schools

Free

DGS Organics Recycling Program
The DCPS Recycles! program allows all DCPS schools the opportunity to opt-in to organics recycling. The program follows national best practices for sorting food scraps and soiled paper waste in school cafeterias and kitchens.

DPR Community Compost Cooperative Network
The DC Parks and Recreation (DPR) Community Compost Cooperative Network uses new critter proof and smell proof compost bins to allow trained community members to compost food scraps with garden waste from DPR and partner DPR gardens to responsibly create high quality compost. To join each member must take an hour training and help process compost 1-hour a month. Since 2016 DPR has partnered with DC schools to create a hybrid model where the surrounding community will manage the compost bins while the school can focus on compost programs.

Paid Services

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