Almost a year after HB 615 was signed into law, Pennsylvania food donors have a clearer answer to a question many businesses have wrestled with for years: can safe food still be donated after a “best by,” “sell by” or similar label date?
YES, as long as the food is still fit for human consumption.
HB 615, sponsored by Rep. Tarik Khan, D-Philadelphia, and Rep. Tom Jones, R-Lebanon/Lancaster, updated Pennsylvania’s Donated Food Limited Liability Act. The law expands liability protections for good faith donations to include food that has passed a manufacturer’s recommended label date, as long as the donor reasonably inspects the food and determines it is safe to eat.
For businesses across Pennsylvania’s Food and Beverage Industry, that change is significant. Date labels are often misunderstood as safety deadlines. In many cases, they are tied to quality, freshness or inventory management. That confusion has kept some safe, useful food from reaching families who could use it.
“No business wants to see safe food go to waste when families in their communities need help,” said Alex Baloga, president and CEO of PFMA. “HB 615 gives food donors clearer guidance and more confidence to do the right thing, while keeping food safety at the center of the process.”
Rep. Khan said the law is aimed at a problem that should trouble everyone.
“No Pennsylvanian should go hungry while good food is going to waste,” Khan said. “Our new law helps connect surplus food with families who need it.”
The need remains significant. More than 1.2 million Pennsylvanians are food insecure, including more than 325,000 children, according to information cited in support of the bill. Food waste is also a national challenge, with advocates estimating that roughly 40 percent of the food supply goes uneaten each year.
Rep. Jones pointed to the bill’s bipartisan support and the way it moved through the General Assembly.
“This was a ‘people bill’ not a ‘partisan bill,’” Jones said. “It made it to the governor’s desk free of amendments and unanimous in all committees and both chambers.”
“Safe food should feed people, not go to waste. This gives retailers more flexibility to work with donation partners, reduce waste, and help more families access food they need.” PFMA Sustainability Committee Chair Pat Iannotti, Director Of Retail Operations at Price Chopper/Market 32
The law still keeps food safety at the center. Donors must act in good faith, inspect food before donation and confirm it is fit for human consumption. In practice, the law can help more shelf-stable products move into donation channels. That can include canned goods, pasta, rice, spices and other products that may remain safe after a quality-based label date. Businesses should continue following food safety rules, internal procedures and the requirements of their donation partners
The impact of HB 615 will be felt far from the Capitol, in food bank warehouses, pantry lines and family kitchens across Pennsylvania. Every case of safe food that can be donated instead of discarded helps stretch nonprofit resources, support families facing difficult choices and reduce the burden on businesses managing surplus product responsibly. The law gives retailers, manufacturers, wholesalers and donation partners additional leeway to make sure good food reaches people instead of a landfill.
PFMA supported HB 615 as part of its work to help members reduce waste, fight hunger and serve their communities. For companies with existing donation programs, the law adds clarity. For those that have been hesitant, it offers a good reason to review donation policies and build relationships with nonprofit food recovery partners, such as PFMA member Feeding Pennsylvania and local community organizations.
Nearly a year in, the law remains a practical reminder: safe food should be moving to the people and organizations that need it most. ■