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New Tool Tracks US Food-Waste Legislation Landscape

Divert’s Food Waste Legislative Tracker offers a state-by-state look, as well as numerous touchpoints for anyone interested in food policy to get involved.

Massachusetts-based food-waste tech provider Divert has launched a first-of-its-kind policy tracker that documents new and pending food-waste legislation across the US.

The Food Waste Legislative Tracker is a comprehensive look at the legislative process across all 50 states, Puerto Rico and Washington, DC and meant to be a first stop for those interested in learning more about national food policy. The living Google Sheet details where waste legislation is moving along and who is responsible for shepherding the bills through state governments.

“We needed to have a firm understanding of the legislation in place where our customers are,” Divert VP of Public Affairs Chris Thomas told Sustainable Brands® (SB).

A three-pronged approach to fighting food waste

Divert’s approach to diverting food waste is three-fold. First, the company helps big food-waste generators (such as grocery retailers) assess their waste output through software- and data-driven infrastructure. This information helps these customers figure out where they’re generating the most waste by analyzing several pieces of a particular business unit. Second, Divert has an “optimization solution” that helps companies understand how they can best leverage salvageable food and direct it towards the most effective donation plans. Lastly, the company’s proprietary anaerobic digestion process turns food waste into renewable sources of electricity and natural gas.

Thomas told SB the company’s food-waste diversion technology is used by almost 7,000 stores across the country, and Divert has a larger goal of having 30 waste-processing facilities within 100 miles of 80 percent of the US population. According to public relations director Caroline Legg, Divert processes 465 million pounds of wasted food annually and has also helped facilitate the donation of more than 14 million pounds of food.

The Food Waste Legislative Tracker is a partnership between Divert, the Zero Food Waste Coalition and the Harvard Law School Food Law and Policy Clinic (FLPC). FLPC students helped research and gather information to help build out the tracker with guidance from Divert. Harvard FLPC clinical instructor Heather Latino says students will maintain a support role in updating the tracker alongside Divert; the goal is to update it at least quarterly.

“Our role is to build these resources, answer specific questions — and not necessarily with a policy agenda in mind in a specific state,” she added.

The tool is also meant to highlight Divert’s work in advocating for and moving forward bills including Washington House Bill 2301 and California Senate Bill 1426. In March, the Washington State Legislature passed Bill 2301 to refine and improve upon a 2022 law that established a long-term approach to waste diversion. It also created new provisions in light of the EPA’s recently launched Wasted Food Scale, which changed standards for food donation and reuse.

In California, SB 1426 was introduced to establish diversion goals for various jurisdictions around the state and to complement various waste-diversion laws already in place — but it did not make it off the Senate floor. But Washington Gov. Jay Inslee signed HB 2301 in March.

Everyone can help reduce food waste

All parties involved say they see education as the big winner out of this tracker launch. It complements an existing state policy finder by food-waste think tank ReFED and offers numerous touchpoints for anyone interested in food policy to get involved.

As Divert senior manager of public affairs Holly Yanai pointed out, “It’s important to remember there are a ton of different stakeholders coming in at different points in the supply chain.”

She says all parties tried to break this down into actionable pieces — whether that’s simply learning about the state of waste diversion locally or how readers can contact their local elected officials to help move new waste regulations through the legislative process.

The tracker will also help Divert understand where it can leverage its resources to advocate for new policies. Yanai noted that there’s ample opportunity to find solutions that are state-specific instead of a “one-size-fits-all approach.”

Some of this progress is also riding on the outcomes of key elections up and down the ballot across the country this November. If less environmentally focused officials land in office, much of this work could stall; and Thomas — a tenured public policy professional — acknowledged he is unsure where things may land, given the tracker is so new.

“We’ll have more to say as to which types of policies we’re able to affect, as we’re still gathering insights from those checking it out for the first time,” he said.

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