Food Donation Guidelines, 2015: 1. Industry Food Donations 2. Food Distribution Organizations with Grocery or Meal Programs Lorraine McIntyre – Food Safety Specialist Environmental Health Services BC Centre for Disease Control lorraine.mcintyre@bccdc.ca 604.707.2458

What is Food Security? According to the World Health Organization (WHO), Food Security is defined

as, “When all people have access to sufficient, safe, nutritious food

to maintain a healthy and active life. This includes meeting their dietary needs and food preferences.”

According to Hamm and Bellows, community food security is defined as, “A

condition in which all community residents obtain a safe,

culturally acceptable, nutritionally adequate diet

through a sustainable food system that maximizes community self-reliance, social justice, and democratic decision-making.”

Community Food Security

2

3

Why is Food Insecurity a Public Health Issue?

Inadequate nutrition can have effects on children • Learning ability • Physical development • Mental health • Reduced cognitive development • Decreased learning ability and academic performance

People living with food insecurity take more food safety risks Social and mental health issues: • Poor functional health • Restricted activity • Depression • Distress

4

Timeline for our guidelines… Industry Food donation guidelines (new) • Vancouver Food Bank and

Metro Vancouver (July 2013) • Industry survey (May 2014) • 1st draft (July 2014) • Stakeholder review round 1

(Feb 2015) n=13 • Stakeholder review round 2

(April 2015) n=51 • Publication on BCCDC site (July

2015) • Formatting for industry

(pending)

Food distribution organization guidelines (last update 2008)

• Internal review (summer 2014)

• Key stakeholder review (fall 2014) n=3

• Limited stakeholder review (Jan 2015 – nagging until Apr 2015) n=12

• Publication on BCCDC site (June 2015July 2015)

Engagement and Process

Facts and deadlines

Feedback and participation

Industry Strategy

– Include and engage them at the beginning • Find out their concerns and what they need to donate

foods – Assessment by survey – Consultation

– Industry advocates • Peer to peer advocacy • Elimination of perceived hurdles

Industry survey Give and Get Fresh!

Background on survey. • Open Mar 17 to Apr 25, 2014

• Advertising & distribution by e-mail, electronic newsletter to several associations

• Tim Hortons incentive coffee cards draw • 54 responses

Catering and banquet facility

9%

Farm 18%

Farmers' market 17%

Food distributor 9%

Food industry processor 19%

Other 13%

Restaurant 9%

Retail grocery store 6%

Stakeholder groups who responded to survey

Do you have an existing written policy to guide you in donating foods to food banks, charitable organizations, etc?

Would it be helpful for your organization if industry food donation

guidelines were available?

15.5 16 16.5 17 17.5 18 18.5 19 19.5 20 20.5

No

Yes, sometimes

Yes, twice per monthor more

Number of responses

Do you donate food?

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Canned or jarred goods (n=19)

Shelf-stable items: flour, rice, ...(n=11)

Fresh produce (n=23)

Frozen foods: produce, meals (n=10)

Fresh or frozen meat/poultry/fish (n=19)

Dairy products including eggs (n=16)

Refrig. foods or banquet items (n=10)

Other refrigerated goods (e.g. juice) (n=10)

Breads (n=16)

Baked goods (n=17)

Yes, donated

Discarded

Don't Know

Head office - on site

7% Individual

(Chef/FM vendor) 9%

Logistics/Operations Manager 4%

Manager 22%

No-one 17%

Other 6%

Owner 29%

QA personnel

6%

Who is delegated to handle food donation policy, practice, reporting and tracking?

Don't know 8%

No 51%

Dollar amount

16%

Volume 22%

Charitable org. does it

3%

Yes, 41%

Is your organization tracking the amount of food you donate?

0 5 10 15 20 25

Do not have permission

Do not know how

Do not have a procedure or process in place to donate food

Not sure what foods qualify for donations

Fear of potential liability

Lack of adequate cold-storage

Unreliable pick-up service

Not sure which local charities can take my food

Other

Identify any barriers that prevent you from donating foods

75% 80% 85% 90% 95% 100%

1

Do you have the knowledge to identify what foods to donate?

Yes

No

Not Sure

No 86%

Yes 6%

No 8%

Yes, 14%

Have you heard about the Food Donor Encouragement Act? If yes, that it was rewritten in plain language?

Round 2: • 51 individuals representing 48 organizations

• industry (n=26), FDO (n=9) or government (n=16). • 23 individuals replied, 23% from industry (n=6), 56% from FDOs

(n=5) and 75% from government (n=12).

http://www.bccdc.ca/foodhealth/FoodSecurity/default.htm

Industry Food Donation Guidelines

This document, Executive Summary and Rationale, is the first of 3 documents in this series: Industry Food Donation Guidelines.

Executive Summary & Rationale (this document) includes the Executive Summary for the series & background information about food donation and liability concerns

Starting and managing a food donation program – in 3 steps

is a “how-to” guide for setting up and maintaining a food donation program

Processor, Caterer/Restaurant, and Retailer Specific Information provides specific advice and decision tools that are unique to different types of operations.

Compelling reasons to have a food donation program

3 steps to starting and managing a food donation program

Un-sellable Food

YESFood can be donated

NOFood cannot be donated - consider

Food Scraps Recovery Options

Management decision

Step 1

• Determine if food is appropriate for donation

Step 2

• Determine the type of FDO to donate your food to

Step 3

• Record and track food donations

In Canada, no reported court decision has ever imposed liability on industry or any person for problems caused by

donated foods.

Good Samaritan Laws Legislation similar to BC’s Food Donor Encouragement Act exists in almost every Canadian province and territory. A complete listing of legislation across Canada can be found on the Food Banks Canada site.

Daiya’s Food Donation Success Story

Daiya donates to a variety of FDOs. Since 2013, Daiya has: • donated 49 000 kg of food, • contributed to 1.5 million

meals in schools, community kitchens, and senior's homes,

• reduced their carbon footprint by keeping 49 000 kg of safe and healthy food out of the landfill,

• saved $8000 in disposal fees, and

• helped FDOs focus their resources on programs and other needs rather than donation-seeking.

Daiya means love, kindness and compassion in Sanskrit.

Donating excess, healthy food aligns with the company’s

core values.

Step 1 – Is product donatable?

Product Rejection:

product is not sellable

Is there a safety issue?

YESPotential reasons for rejection:- recall- temperature issues- contaminated

Consider food scrap recovery

options

NO

Product aesthetics

and imperfections

Potential reasons for product aesthetics / imperfections or stock issues:- weight- aesthetics- packaging errors- inventory control, near BBD- overstock

Step 2 – What FDO to donate product to? Assign product to FDO

Product may be donated

to FDO

BULK- not labelled

- no dates

INDIVIDUAL PACKAGES

- labelled incorrectly

INDIVIDUAL PACKAGES

- labelled correctly

Community KitchenMeal Program (Soup Kitchen)

Social Enterprise

Food Bank & Food Pantries

Low Cost Retail Outlets

Brand Removal*

* Possible brand removal. If required in this FDO, establish an MOU so product is depackaged before use to protect brand identity

Product stock issues

Need and capacity of FDO is determined by:Product Type, does FDO need the item offered?Size of your Donation, can FDO handle a pallet or only single boxes at a time?Storage and Temperature, does FDO have equipment for storage & required storage temperatures (freezer, cooler, dry)

Abbreviations:BBD – best before dateFDO – food distribution organizationMOU – memorandum of understandingQA – quality assurance departmentKPI – key performance indicators

Select FDO from your list based on their need and capacity

Keep track of (1) the recipient FDO, (2) food product name, (3) other product identifiers needed for recall, e.g., item code, UPC(4) BBD, (5) amount donated, e.g., weight/volume, no. of cases, (6) any other statistics required for your tracking or KPIs

Step 3 – Record keeping.

Food donation decision matrix

foodbankscanada.ca

Food Distribution Organization

Definition: recipients of food donations* who distribute these foods to clients in need via a variety of methods.

28

Food Distribution Organizations

Food Banks

Meal Programs

Retail Outlets

Social Enterprises

Community Kitchens 29

Other activities of FDOs

Remove unsellable

foods

Bid against waste recovery operations

Catering: sell meals

Social enterprise sales are at market

rates to offset other charitable activities

Purchase foods at low cost

Resell purchased foods at low cost retails

Non-donated food and food resale s cenar ios

Saskatchewan The Food Safety Regulations

Chapter P-37.1 Reg 12 (effective May 7, 2009).

32

34

Sections in Guideline

Food access Inspections and liability Nutrition

Donor relations Evaluating foods for safety

Safe food handling and

training

Food storage, traceability, and transportation

Food waste reduction and

disposal

Building maintenance

and safety

Liability for FDOs

Tort of Negligence • When foreseeable harm is

caused by acting or failing to act

• Below standard of reasonable care

If food was adulterated, rotten …

Contract Law • When food is sold (NOT

donated, as gifts or donations are not contracts)

• Under Sales of Goods Act “food is reasonably fit for it’s intended purpose – consumption”

FDEA will protect unless there was intent to cause death or injury, or recklessness

The following interpretation of FDO liability concerns was provided by Mary Childs, Ethos Law Group LLP. This discussion is intended to provide general information about the law and is not legal advice. If you need advice about your situation, please consult a lawyer.

Section 2

Approaches to develop

and maintain a positive

relationship

Presentations

Clarification of BC Food Donor

Encouragement Act

Food Donor Registration

Form

Memorandum of Understanding

(MOU)

Set Schedules

Donor Relations

• Business relationship between food donor and FDO

38

Section 4

Approaches to develop

and maintain a positive

relationship

Orientation

Safety: Fitness for work assigned

Don’t accept help loading

unless managers’

allow

FDO Registration

Form

Memorandum of

Understanding (MOU)

Set Schedules, no poaching

Name tags, t-shirts, use clear plastic

bags

FDO and Volunteer Staff Relations

• Business relationship between food donor and volunteer

39

Healthy VS Less Healthy

40

Foods and Beverages

Section 3

Food Safety Standards Section 5

42

Category 1 Lowest Risk

Non-perishable

foods e.g., canned

foods, crackers, flour

Category 2 Low Risk

Perishable Foods

e.g., whole fresh vegetables &

fruits

Category 3 High Risk

Potentially Hazardous

Foods e.g., milk, cheese,

meats

Category 4 Highest Risk

Foods --may be

unacceptable for donation--

e.g., home canned foods, raw milk,

uninspected meats, leftovers, partly consumed foods

Food storage and temperature control

Refrigerated Storage

<4°C (best)

Frozen Storage

<−18°C

Hot-holding of Foods

>60°C

Reheating of Foods

to 74°C

Community Security and Culturally Appropriate Foods

An approved source is defined in the Food Premises Regulation as:

“a source that is approved by the government of Canada, the Provincial government, the government of another province or territory, or, an official agency of any of those governments under whose authority food safety standards are established and enforced.”

Local officials may use discretion to approve foods on a case-by-case basis to fit the needs of their community.

Cautionary advice on vitamins and nutritional supplements • Include label

instructions when dispensing smaller portions

• Do not use open bottles, or bottles past their expiry date

• Do not offer medical advice, ask clients to consult with doctor, pharmacist, nurse or dietician

http://www.bccdc.ca/foodhealth/FoodSecurity/default.htm

http://www.bccdc.ca/foodhealth/FoodSecurity/default.htm

Acknowledgements

• Karen Rideout, BCCDC • Erin Nichols, Community Angel Food Runners

Program (Vancouver Food Bank) • Laura Lansink, FoodBanks BC • Metro Van staff (Emme, Nermine) • Johanne Pilon, Daiya foods • Wilson Yu, Winifred Lao, Kimberly Wrixon, and

Cathy Wong (presentation) • Many others who reviewed and participated in

the guidelines development

National Collaborating Centre for Environmental Health

• Lydia Ma www.ncceh.ca