Common Questions

Q: Can I Get Sued for Donating Food?

A: No. Many restaurant owners hesitate to donate surplus food out of fear of liability. The Bill Emerson Good Samaritan Act provides federal protection from civil and criminal liability for any restaurant, grocery, or food service company that donates food in good faith to people in need. As long as the food was safe at the time of donation, you are protected. New Jersey follows these same protections, meaning there is no legal reason to throw away food that could feed someone in your community.

Q: What Food Can I Actually Donate?

A: You can donate more than you think. Under New Jersey guidelines, cooked meals and deli items are eligible as long as they are kept at proper temperatures. Cold food must stay at 41°F or below and hot food must stay at 135°F or above. Fresh produce, bakery items, non-perishables, and even foods past their best-by date that are still safe to eat are all fair game. What you cannot donate is anything that has been in the temperature danger zone of 41°F to 135°F for more than four hours, or items with damaged or opened packaging.

Q: Does Donating Food Actually Save Me Money?

A: Yes. Any business that donates food inventory can claim a tax deduction. Enhanced deductions are available when donating through a qualified 501(c)(3) nonprofit. Full-service restaurants waste an estimated 7 million tons of food per year costing around 16 billion dollars annually. Donating instead of discarding directly cuts into that loss while putting money back in your pocket at tax time.

Q: How Do I Store Food Safely Before It Gets Picked Up?

A: Temperature management is everything. Hot foods must be cooled from 135°F to 70°F within two hours, then from 70°F to 41°F within the following four hours. Safe cooling methods include ice baths, shallow containers, or dividing food into smaller portions. Never cool food at room temperature as it will sit in the danger zone too long and become unsafe to donate.

Q: How Much Food Are Restaurants Actually Wasting?

A: More than most people realize. Full-service restaurants produce around 7 million tons of waste per year and limited-service restaurants produce around 4 million tons. Only 15% of that wasted food is donated, composted, or recycled. In New Jersey alone, over one million residents were food insecure in 2023 including 272,000 children. The food exists. It just needs to get to the right people.