I’m ambivalent. I agree food waste is a huge problem, and restaurants should do better. Of course, this particularly affects restaurants that usually have food on hand throughout the day, like baked goods that need to be made ahead of time, or fast food restaurants where they usually make more than enough. Obviously, they cannot give away half-eaten food or leftover food from a buffet. If they run out of food before the end of the day, customers would not be happy.
It’s really not a financial issue, as it will be a writeoff anyway, whether they throw it out or give it away. So, what to do with unsold food at the end of the day? Throw it out? Give it away?
The arguments against giving away unsold food at the end of the day include logistics, extra packaging needed, and possible liability if someone gets sick from eating food that has not been kept at a safe temperature.
The Bill Emerson Good Samaritan Food Donation Act protects restaurants and grocery stories from liability for unsold food donated to nonprofits to feed people. The nonprofits then assume liability once they receive the donation.
But what about unsold food given directly to individuals? If an employee, at the end of the day, packs up unsold food and hands it out to individuals, not to a nonprofit, who’s liable if someone gets sick, since that would not be covered by the Act? You need just one lawyer filing a lawsuit to make restaurants think again.
And how do you prevent employees from making more than necessary so they can say there’s too much unsold food, so they can take the food home?
Too Good to Go lets people buy at a major discount at the end of the day unsold food the restaurants would otherwise throw out, but the argument is about giving away free unsold food to people who are homeless, for example, not about trying to make some money from getting rid of the extra food. Would they be willing to just simply give it away before they close for the day with the explicit understanding that they cannot be held liable if someone gets sick or that it must not be for the employees’ own consumption?
And that goes back to the other two issues: logistics and packing up the food. In addition to serving dine-in/delivery/takeout customers, staff will also need to pack up the unsold food. And when can they start giving it away? Before the restaurant closes while there are still diners, or after it closes and hand the food out afterwards? Assign staff to take the food to a public park, for example? What if a restaurant worker is injured while delivering/dropping off the food to an offsite location?
Just thinking out loud. I think a lot of people walk in and don’t expect restaurants to run out of food, but maybe restaurants should either think about not making too much in advance or having a policy of giving away unsold food.