North Carolina HB 938: Reduce Food Waste in North Carolina.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2021 
H 1 
HOUSE BILL 938 
 
 
Short Title: Reduce Food Waste in North Carolina. (Public) 
Sponsors: Representatives Hawkins, Ager, and Brown (Primary Sponsors). 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Rules, Calendar, and Operations of the House 
May 12, 2021 
*H938-v-1* 
A BILL TO BE ENTITLED 1 
AN  ACT  TO  RAISE  PUBLIC  AWARENESS  REGARDING  FOOD  WASTE  IN  NORTH 2 
CAROLINA BY DESIGNATING THE THIRD THURSDAY IN SEPTEMBER AS FOOD 3 
WASTE  PREVENTION  DAY,  BY  URGING  FOOD  RETAILERS  IN  THIS  STATE TO 4 
REDUCE FOOD WASTE, BY ESTABLISHING A PUBLIC AWARENESS CAMPAIGN 5 
FOR FOOD WASTE, BY CREATING THE STATE FOOD WASTE TASK FORCE, AND 6 
BY  APPROPRIATING  FUNDS  TO  MAKE  THE  SAFE PLATES  PREPARED  FOOD 7 
WASTE REDUCTION PROGRAM ACCESSIBLE STATEWIDE. 8 
Whereas, food waste is a widespread epidemic that has substantial social, financial, 9 
and environmental repercussions; and 10 
Whereas, federal  and  State  laws  aimed  at  encouraging  and  incentivizing  food 11 
donations from both businesses and individuals have been implemented to prevent food waste; 12 
and 13 
Whereas, while many prospective business donors are hesitant to donate excess food 14 
due to the threat of liability for food-related injuries or deaths, the federal "Bill Emerson Good 15 
Samaritan Food Donation Act" provides robust civil and criminal protections to all people and 16 
businesses who, in good faith, donate wholesome food to nonprofit organizations for distribution 17 
to needy individuals; and 18 
Whereas,  the  federal  government  also  offers  businesses  an  enhanced  tax  deduction 19 
for food donations made to public charities and other qualifying nonprofit organizations; and 20 
Whereas, despite various efforts to curb food waste, according to the United States 21 
Environmental  Protection  Agency,  as  much  as  40  percent,  or  160  billion  pounds,  of  all  food 22 
produced in the United States each year is never eaten; and 23 
Whereas,  while  Americans  dispose  of  millions  of  tons  of  food,  the  United  States 24 
Department  of  Agriculture  indicates  that  12.3  percent  of  households  in  2016  did  not  have 25 
consistent access to enough food for an active, healthy life; and 26 
Whereas, households can reduce food waste in a variety of ways, including buying 27 
no more groceries than are expected to be used for meals, preparing perishable foods soon after 28 
shopping,  storing  fruits  and  vegetables  for  maximum  freshness,  and  being  mindful  of  old 29 
ingredients and leftovers that need to be used; and 30 
Whereas, reducing food waste helps businesses and consumers save money, lessens 31 
methane  emissions  from  landfills,  conserves  energy  and  resources  for  future  generations,  and 32 
provides support to those in the community who do not have enough to eat; Now, therefore, 33 
The General Assembly of North Carolina enacts: 34 
 35 

General Assembly Of North Carolina Session 2021 
Page 2  House Bill 938-First Edition 
FOOD WASTE PREVENTION DAY 1 
SECTION  1.  Chapter  103  of  the  General  Statutes  is  amended  by  adding  a  new 2 
section to read: 3 
"§ 103-17.  Food Waste Prevention Day. 4 
The third Thursday in September of each year is designated as Food Waste Prevention Day." 5 
 6 
URGE LARGE FOOD RETAILERS IN THE STATE TO REDUCE FOOD WASTE 7 
SECTION 2.(a)  The General Assembly finds the following: 8 
(1) The  Institution  of  Mechanical  Engineers  estimates  that,  annually,  between 9 
one-third  and  one-half  of  all  food  produced  is  wasted  worldwide,  and  the 10 
English  newspaper,  The  Guardian,  estimates  that  approximately  forty-five 11 
percent  (45%)  of  all  fruits  and  vegetables,  thirty-five  percent (35%)  of  fish 12 
and  seafood,  thirty  percent  (30%)  of  cereals,  and  twenty  percent  (20%)  of 13 
meat  and  dairy  products  are  wasted  by  suppliers,  retailers,  and  consumers 14 
every year. 15 
(2) Large  food  retailers  stand  in  a  unique  position  to  address  this  global  food 16 
issue. Because of their direct links with farmers, processors, and consumers, 17 
retailers  have  the  power  to  influence  every  facet  of  the  supply  chain;  and 18 
because the traditional supermarket industry is highly concentrated, retailers 19 
have considerable market power to make change. 20 
(3) Food retailers have already indicated that they are fully committed to engaging 21 
in  responsible  food  waste  reduction  and  diversion  practices  through  such 22 
means as food donation, composting, and effective inventory management. 23 
(4) Although food retailers are dedicated to reducing food waste, one obstacle to 24 
food waste prevention among large food retailers is that the high volume, low 25 
margin  business  model  makes  these  retailers  vulnerable  to  threats  such  as 26 
competition, increasin