Ban grocery stores from disposing of or destroying edible food and require them to donate surplus food to food charities

or homeless shelters.

 

To ban grocery stores with a minimum square footage of 7000 from disposing of or destroying their edible food products

and requiring them to sign a donation agreement with a local homeless shelter or food charity to donate the surplus

food. A grocery store is exempt from donation only when the food is unsafe for consumption or the food charity is unable

to accept the donation due to temporary factors.

This bill will increase access to nutritious food for people experiencing homelessness and food insecurity, as well as

reduce food waste.

 

In 2024, 1 in every 5 Minnesotans couldn’t afford the amount of food they needed (from a study by Second Harvest

Heartland). Meanwhile, grocery stores throw away about 30% of their total inventory (from a study published by Recycle

Track Systems). Fixing this unnecessary and avoidable gap will help ensure the stability of healthy food for thousands

of Minnesotans. It will also protect the environment by reducing the amount of methane emissions from food waste in

landfills. This bill will not hurt grocery stores financially. Their cost of food disposal is removed, and they can

qualify for existing Minnesota tax cuts for donating food to nonprofits, which will help cover the logistics of

transportation and sorting. These establishments don’t need to be concerned about being held liable for any donations

because of a current statute (604A.10). A similar milestone law in France passed in 2016 has had tremendous success in

helping homeless and food insecure individuals.

 

“Edible Food” = any food intended for human consumption that is safe to eat but not sold due to overstock, approaching

expiration, cosmetic imperfections, or damaged packaging that does not affect product safety.

“Grocery Store”= A retail establishment that sells a general line of food (such as poultry, canned foods, and fresh

produce) and beverages for off-premises consumption

“Surplus Food” = edible food that a grocery store is unable to sell before its labeled sell-by, best-by, or use-by date,

excluding food deemed unsafe or contaminated.

“Donation Agreement” = a written contract between a grocery store and one or more charitable food organizations

outlining the logistics, frequency, and conditions of food donation.

“Food Charity” means a 501(c)(3) nonprofit organization, food shelf, food bank, food rescue group, or homeless shelter

that distributes food at no cost to individuals in need.

“501(c)(3) Nonprofit” = a type of organization recognized by the IRS as exempt from federal income tax because it is

operated exclusively for public benefit purposes

 

No additional government funding except for enforcement, which will be covered by the Minnesota Department of

Agriculture. Its funds come from the state's general fund, dedicated revenue from fees (like licensing fees), and

federal funding.

 

A $4000 fine will be issued to any grocery store that breaks the law.

 

January 1st, 2027