SUSTAINABILITYNational

Why do supermarkets throw away so much perfectly good food?

Proposed standard

Supermarkets must donate unsold edible food instead of throwing it away

by NormiaJanuary 7, 2026

The Short Answer

Supermarkets throw out edible food because discarding is usually the easiest option, and in most countries no law makes them do otherwise.

Stores order extra stock so shelves look full, and customers expect it. Once an item is near its date, staff have little time to sort it, and donating needs cold storage, transport and a charity partner. Many retailers also fear being blamed if donated food makes someone ill, even where Good Samaritan laws protect them. A University of Copenhagen study of Danish supermarkets found that donating was often cheaper than discarding, yet only about 0.1% to 0.2% of stocked food reached charities, mostly because of habit and missing links with local charities. Some countries now force the issue. France (2016) fines large stores for destroying unsold food, and the Czech Republic (2018) requires donation. Italy uses tax breaks instead. Spain's Ley 1/2025 sets a priority order with prevention first and donation second. The EU has set a binding 30% food waste cut by 2030 for retail, catering and households. Critics say donation does not fix overordering.

The Problem

Supermarkets often throw away food that is still safe to eat. A University of Copenhagen study of Danish supermarkets found that donating surplus food was usually cheaper than discarding it. Yet only 0.1% to 0.2% of stocked food reached donation channels, mainly because of habit and missing links with local charities.

The Standard

Supermarkets must donate unsold edible food to charities and food banks instead of throwing it away.

Where It Exists

France has barred large stores from discarding donatable food since 2016. The Czech Republic has required stores over 400 square meters to donate unsold edible food since 2018, and its Constitutional Court upheld the rule. Spain's 2025 law sets a priority order for surplus food, with prevention first and donation second. It exempts stores of 1,300 square meters or less and applies its store obligations from April 2026.

food-wastesustainabilitycharityretail

Pros & Cons

Includes AI research

Pros (5)

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Donating surplus food cost Danish supermarkets less than throwing it away

A University of Copenhagen study found discarding surplus food cost about $0.13 to $0.17 per pound, while donating cost about $0.07 to $0.11 per pound. The authors concluded donation is usually cheaper than disposal once sales are unrealistic, so a requirement should not hurt store finances much.

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Without a rule, almost nothing is donated: only 0.1% to 0.2% of stocked Danish food reached donation

The same study found that habit and the lack of clear store rules or charity relationships were key barriers, even though donating often saved money. A legal duty targets that gap by forcing stores to set up the routine and the partnership.

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France's government said donations to food banks rose more than 20% after the law

As reported by PBS in 2019, French authorities said food bank donations rose by more than 20%. Over 2,700 supermarkets send near-expiry food to about 80 warehouses, rescuing 46,000 tons a year, and donors can claim a tax break of up to 60% of the food's value.

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Czech food banks reported donations tripled after the 2018 mandate

The Czech Federation of Food Banks said the amount of donations tripled from the beginning of 2018, and that the law improved cooperation with retailers. Former agriculture minister Marian Jurecka said more than 100,000 people had been helped. These are claims from the federation and the minister, not an independent audit.

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The mandate has survived a legal challenge in the Czech Republic

Twenty-five senators argued that the rule was an unconstitutional food tax that breached ownership rights. The Constitutional Court rejected the challenge, finding the aim legitimate and the measure supportive of reducing waste and helping socially vulnerable people.

Cons (5)

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Donation does not fix overordering, and retail is a small share of food waste

France's environment agency attributes 14% of food waste to retail and distribution, against 32% for agriculture and 21% for food processing. Manon Cuille of Zero Waste said the law ignores other sources of waste and that the national waste goal is unlikely to be met without duties on agriculture and the food industry.

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Charities can end up with food they cannot use

A Salvation Army coordinator in France showed reporters broccoli that had turned yellow and had to be discarded. Charities also need cold storage, transport and sorting capacity, and the Danish study found collection runs best where stores already have local charity relationships.

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Fines are rarely used, so compliance is hard to ensure

The French law sets fines of about $4,000 per instance of discarding donatable food, but PBS reported in 2019 that no store had been fined. Lawmaker Guillaume Garot, the bill's author, said public checks on large supermarkets need to be stepped up.

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Forced donation is an intrusion on business and property rights

Twenty-five Czech senators called the donation duty a form of food tax that breached ownership rights and the right to do business. The court rejected their challenge, but the objection remains the main legal argument against the mandate.

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Discounting can recover more value than donation for fresh food

The Copenhagen study found that discounting by about 15% a few days before expiry often sold products while they still seemed fresh. It recommended discounting early and donating only once sales are unrealistic, which suggests a blanket donation duty could displace a better first step.

Where It Exists

Places where similar policies have been implemented or proposed

3 locations found

Includes AI research
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🇨🇿Czech Republic(2018)Implemented

Stores with a sales area above 400 square meters must donate unsold but edible food to nonprofits that distribute it. The Constitutional Court upheld the rule in early January 2019. The Federation of Food Banks said donations tripled from the start of 2018.

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🇫🇷France(2016)Implemented

France's 2016 anti-waste law bars large grocery stores from throwing away unsold food that could be donated and requires them to set up donation systems. Donors can claim a tax break of up to 60% of the food's value, and the law sets penalties of about $4,000 per instance. As reported in 2019, no store had yet been fined.

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🇪🇸Spain(2025)Partial

Ley 1/2025 took effect in January 2025. Food businesses must promote donation agreements and apply a priority order that puts prevention first and donation second. Stores of 1,300 square meters or less are exempt, and the duties on food businesses apply from 2 April 2026. Not applying the priority order is a minor offense with fines up to 2,000 euros.

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