Emily Broad Leib

An op-ed by Laurie Beyranevand and Emily Broad Leib: In the early months of the coronavirus pandemic, shocking images emerged from both ends of an American food system seemingly on the brink of collapse. Photos and videos of farmers dumping crops — perfectly good potatoes, squash and milk — appeared above articles about the rising “tsunamis” of food waste as food service buyers disappeared. Meanwhile, lines for food banks filled parking lots, circled around neighborhoods and shut down highways. How is this possible? America’s food system has long been plagued by massive inefficiencies and injustices. They just weren’t quite so visible to all before now. Soaring rates of food insecurity, the exploitation of food workers, massive volumes of food waste, widespread nutritional deficiencies leading to alarming rates of diet related disease, the challenging economics of farming and disproportionate harm to underserved and Black, Indigenous and people of color (BIPOC) communities — all of these existed at near-crisis levels before the coronavirus first infected a single human. The virus and resulting public health measures simply brought these issues to the front burner and turned them up to a rolling boil. The reasons that COVID-19 had our food system on the brink of collapse are the same ones that have allowed these inequalities and failures to persist for decades.

Roughly 30 to 40 percent of food produced is wasted and that’s a big problem for society and the planet due to unnecessary resource use, failure to feed hungry people, and harmful greenhouse gases emitted as unused food rots in landfill. According to the United Nations Food and Agriculture Office, food waste is responsible for nearly 8 percent of global emissions, making it the single greatest way to solve climate change. Upcycling food helps minimize this problem by creating new, high-quality products from otherwise wasted – but perfectly nutritious – ingredients.  According to the Upcycled Food Association (UFA), 60% of people want to buy more upcycled food products, and 95% of this group want to do their part to reduce food waste. However, many Americans don’t understand the concept of an upcycled food. To educate them, the UFA is holding a free official Climate Week NYC 2020 virtual event on Tuesday, September 22, at 11:00 a.m. Eastern: Positive Climate Action Through Upcycled Foods: What Are They, How Do They Help, and Where Can I Get Some? The event will be moderated by Turner Wyatt, CEO of the Upcycled Food Association. Wyatt will moderate a discussion with Emily M. Broad Leib, Clinical Professor of Law, Founding Director, Harvard Law School Food Law and Policy Clinic, Caue Suplicy, Founder and Chairman, Barnana, a banana-based snacks company and founding member of the UFA, and Caitlin Leibert, Director of Sustainability, Chipotle Mexican Grill...Climate Week 2020 UFA event panelist and definition report task force member Emily M. Broad Leib explains, “Task force members are committed to helping consumers understand upcycled foods and to providing a framework of requirements to help standardize the industry and avoid greenwashing.” BroadLeib will discuss the five agreed-upon voluntary standards for items to officially be considered an upcycled food while emphasizing their climate-beneficial power.

In the United States, “The primary way we define ‘food safety’ is, ‘If I eat this product today, will I be in the hospital in 24 to 72 hours?’” says clinical professor of law Emily Broad Leib. “But this doesn’t account for other ways that the food system produces health risks for members of the public,” including the lifelong risks of, say, developing type 2 diabetes after consuming sugary foods for decades, or the environmental effects of industrial farming, such as fertilizer runoff in waterways, which creates oxygen-free dead zones inhospitable to aquatic life. The single-minded emphasis on microbes like salmonella and E. coli, Broad Leib asserts, “means we’re under-regulating a bunch of other risks that have bigger health impacts.” As director of Harvard Law School’s Food Law and Policy Clinic, she engages law students in projects that investigate how U.S. law intersects with the broader food system, “from the first seed going into the ground, to someone’s plate or perhaps to a trashcan.” Her purview encompasses environmental impacts, worker safety, and even immigration as factors in food production. This holistic, systems approach is a relatively new way to consider food law; when Broad Leib first made the case to law-school colleagues about her work, many misunderstood, thinking she was narrowly focused on foodborne illness or the work of the Food and Drug Administration (FDA). But Broad Leib says that in reality, a food-systems approach is “breathtakingly broad” in its scope. She sees this as a necessity. “This is the way we have to look at these issues,” she says, “or we’re going to continue to make really short-sighted, less equitable, less utilitarian policies.”

By the end of April, Olivier Griss knew he had a problem. Coke Farm, the San Juan Bautista, Calif. business his stepfather started in 1981 where Griss now works as sales manager, was awash in a leafy salad ingredient: chicory. Specifically, treviso and castelfranco varieties that end up on plates in high-end restaurants. But high-end restaurants were largely closed, due to the Covid-19 pandemic sweeping the world...The coronavirus pandemic has cut greenhouse gases in some key ways, as people are flying and driving less. But food waste accounts for one reason why the drops likely won’t fall as low as hoped during the pandemic. And as the virus ebbs and flows, it will likely lead to more waste...If these organizations can tap into the shock engendered by images of scuttled harvests and dairy products during the early days of the pandemic, they could drive lasting transformation in food waste and climate change... “Certainly, it has made some things that were invisible more visible,” says Emily Broad Leib, faculty director of Harvard University’s Food Law and Policy Clinic, speaking about the pandemic. Among them: the inflexibility of the food chain, the large numbers of Americans on the edge of hunger, the risky roles of workers in food processing, the incentives set up to deliver food in set ways, the damage food waste does to the environment. “My hope is that will lead to changes in how we use our natural resources.” ...Some key steps would help solve the problems of excess food going to waste on farms in crisis rather than finding its way to hungry people. Leib of Harvard advocates for tailoring tax incentives for donated food so it is easier for farmers to claim deductions. She would also like to see a tax benefit, either for farmers or transportation companies, so they can get the food where needed. “It’s not free to take food that is not going to be sold,” she says. “Someone needs to come get it.” She is talking with members of Congress to get such provisions written into law.

“Dump potatoes in the rivers. … Slaughter the pigs and bury them, and let the putrescence drip down into the earth,” John Steinbeck wrote in “The Grapes of Wrath.” “There is a failure here that topples all our success.” Steinbeck’s lament against food waste is eerily relevant today, as supply-chain disruptions from the coronavirus pandemic have continued to force farmers to euthanize hogs they can’t sell and bury excess potatoes. Even before COVID-19, Americans, on average, were tossing away more than a pound of uneaten food per person each day, amounting to some 400 pounds of food thrown out annually. That’s far more than any other wealthy country — about 50% more food waste per capita than France and nearly double that of the U.K...Lawmakers also need to clear up confusion around expiration dates on perishable foods, which vary wildly from state to state. “Date label confusion wastes massive amounts of food,” said Emily Broad Leib, who directs the Food Law and Policy Clinic at Harvard Law School. “Supermarkets lose about $1 billion a year from food that expires in theory — but not in reality — before it’s sold.” There is currently a bill pending in the House (H.R.3981) that would clear up such confusion and cut down on waste. Introduced by Maine Democrat Chellie Pingree and Washington Republican Dan Newhouse in 2019, it would standardize dozens of different date-labeling laws and give consumers a clearer understanding of how long their fresh foods are safe to eat. According to Leib, the act has been shelved during the pandemic, because standardizing data is time consuming and the benefits would not be realized immediately. Legislators can also think bigger: One idea being pushed by Leib and other advocates is to allow farmers to receive a tax credit, rather than deduction, for donating their surplus to food banks. Enacting such a measure would quickly help move the mountains of uneaten produce, now rotting on farms, to the hundreds of food banks and pantries reporting surges in demand.

In our latest episode of NothingWasted!, we chat with Emily Broad Leib, Clinical Professor and Director, Food Law and Policy Clinic (FLPC), Harvard Law School. The Food Law and Policy Clinic provides legal advice to nonprofits and government agencies seeking to increase access to healthy foods, prevent diet-related diseases such as obesity and type 2 diabetes, and reduce barriers to market entry for small-scale and sustainable food producers, while educating law students about ways to use law and policy to impact the food system. We spoke with Emily about global food bank trends and laws; organic waste bans; and food waste as it relates to COVID-19, climate change and more. Here’s a glimpse into Emily’s observations.

People start lining up as early as 6 a.m. these days outside an emergency food pantry in Brooklyn’s Flatbush neighborhood. Theresa Gilbert, a 61-year-old in-home care giver waiting in line on a recent scorching-hot day, said money has been tight since March, when she caught a cold on the job and the agency she works for sent her home. She hasn’t worked since, and the food she gets here helps make ends meet. “Whatever I have, I make it do,” Ms. Gilbert said. Demand for the free vegetables, milk and canned goods on offer here has surged since the coronavirus pandemic torpedoed the U.S. economy, closing businesses and thrusting millions out of work...Hunger-relief organization Feeding America, a nationwide network of 200 food banks and 60,000 food pantries and meal programs, estimates the pandemic could push an additional 17 million people into what it calls food insecurity this year. More than 82% of U.S. food banks are serving more people than they were last year, with an average increase of 50%, according to a June survey by the group. “The pandemic is putting pressure on a system that was already struggling to make sure all the food we are producing finds its way to people,” said Emily Broad Leib, director of the Harvard Law School Food Law and Policy Clinic.

“Dump potatoes in the rivers … Slaughter the pigs and bury them, and let the putrescence drip down into the earth,” John Steinbeck wrote in “The Grapes of Wrath.” “There is a failure here that topples all our success.” Steinbeck’s lament against food waste is eerily relevant today, as supply-chain disruptions from the coronavirus pandemic have continued to force farmers to euthanize hogs they can’t sell and bury excess potatoes. Even before Covid-19, Americans, on average, were tossing away more than a pound of uneaten food per person each day, amounting to some 400 pounds of food thrown out annually. That’s far more than any other wealthy country — about 50% more food waste per capita than France and nearly double that of the U.K. According to U.S. government estimates, the cost of U.S. food waste comes out to $161 billion annually. The environmental costs are abysmal. So the problem of food waste is certainly not new...Lawmakers also need to clear up confusion around expiration dates on perishable foods, which vary wildly from state to state. “Date label confusion wastes massive amounts of food,” said Emily Broad Leib, who directs the Food Law and Policy Clinic at Harvard Law School. “Supermarkets lose about $1 billion a year from food that expires in theory — but not in reality — before it’s sold.” There is currently a bill pending in the House (H.R.3981) that would clear up such confusion and cut down on waste. Introduced by Maine Democrat Chellie Pingree and Washington Republican Dan Newhouse in 2019, it would standardize dozens of different date-labeling laws and give consumers a clearer understanding of how long their fresh foods are safe to eat. According to Leib, the act has been shelved during the pandemic, because standardizing data is time consuming and the benefits would not be realized immediately. But lawmakers have to be thinking about both near- and long-term solutions. Congress would be wise to put this bill back on the agenda and pass it sooner rather than later.

In the months since Covid-19 convulsed the globe, the world's food system has undergone a stress test—and largely failed it. The pandemic disrupted global supply chains, induced panic buying and cleared supermarket shelves. It left perfectly edible produce rotting in fields, and left farmers no choice but to gas, shoot and bury their livestock because slaughter plants were shut down. It also revealed a glaring problem: Though researchers have known for decades that climate change will roil farming and food systems, there exists no clear global strategy for building resilience and managing risks in the world's food supply, nor a coherent way to tackle the challenge of feeding a growing global population, on a warming planet where food crises are projected to intensify. "We need to make sure food is safe, nutritious and sustainable, not just for today but for the future," said Emily Broad Leib, director of the Harvard Law School Food Law and Policy Clinic. "There's growing acknowledgement that this has been something that's not been addressed in a coordinated way." Already, there are 820 million people in the world without adequate food, and Covid-19 is likely to push 130 million more to the brink of starvation, more than doubling that number to 265 million by the end of the year. Developing countries are not the only ones staring down a crisis: In June, the Federal Reserve Bank of St. Louis said food insecurity has also risen substantially in the United States.

Today on “Food Talk with Dani Nierenberg,” Dani is joined by Emily Broad Leib, the director of the Harvard Food Law and Policy Clinic, and Doug O’Brien, the vice president for network programs at the Global FoodBanking Network. Together, they talk about the new Global Food Donation Policy Atlas, an interactive guide that maps food donation laws and recommends ways to further reduce food waste. Data for five countries—Argentina, Canada, India, Mexico, and the United States—was released this month, and the atlas will eventually cover 15 nations. Then, chef Pierre Thiam talks with Dani about the potential for the ancient African grain fonio to impact the lives of farmers in West Africa. He is the co-founder of Yolélé Foods, a company that imports fonio to the U.S. from countries like Thiam’s native Senegal, and helps support the smallholder farmers who grow it. Thiam says fonio can help address malnutrition, food and economic insecurity, and even climate change.

Upcycled food is an officially defined term, which advocates say will encourage broader consumer and industry support for products that help reduce food waste. Upcycling — transforming ingredients that would have been wasted into edible food products — has been gaining ground in alternative food movements for several years but never had been officially defined. The Upcycled Food Association announced May 19 that it defined upcycled foods as ones that "use ingredients that otherwise would not have gone to human consumption, are procured and produced using verifiable supply chains, and have a positive impact on the environment." The definition was drafted by a working group convened by the Upcycled Food Association, which included representatives from Harvard University, Drexel University, Natural Resources Defense Council, World Wildlife Fund and ReFED, a nonprofit that analyzes solutions to food waste...Standardizing the term is also a first step toward legislation that supports upcycling, according to Emily Broad Leib, a Harvard University law professor and director of Harvard’s Food Law and Policy Clinic. "Further research can be done to identify and leverage policy incentives to support upcycled foods as a model to reduce food waste and support a more sustainable food system," she says in a statement.

Today, the Harvard Law School Food Law and Policy Clinic (FLPC) released a first-of-its-kind interactive resource to inspire long-term policy solutions to food waste, hunger, and climate change: The Global Food Donation Policy Atlas. In partnership with The Global FoodBanking Network (GFN), and with the support of the Walmart Foundation, The Global Food Donation Policy Atlas maps the laws and policies affecting food donation around the globe and provides recommendations to prevent unnecessary food waste and improve food distribution to those in need. The research released today focuses on Argentina, Canada, India, Mexico, and the United States, the first five of 15 countries participating in this project...The Global Food Donation Policy Atlas looks at six main barriers to food recovery: food safety for donations, date labeling, liability protection for food donations, tax incentives and barriers, government grants and funding, and food waste penalties or donation requirements. It identifies several opportunities for governments to prevent unnecessary waste and to promote food donation... “It’s more important than ever for policymakers, government agencies, food donors, companies, food banks, and the public to understand the impact of unnecessary food waste in their countries and the need to change it,” said Emily Broad Leib, Faculty Director at FLPC and Clinical Professor of Law at Harvard Law School. “The Global Food Donation Policy Atlas is the first research study to compare food donation policies and best practices across the world, providing us with the global perspective we need to address this complex issue,” Broad Leib concluded.

Upcycled food is now an officially defined term, which advocates say will encourage broader consumer and industry support for products that help reduce food waste. Upcycling—transforming ingredients that would have been wasted into edible food products—has been gaining ground in alternative food movements for several years but had never been officially defined. The Upcycled Food Association announced on May 19 that they define upcycled foods as ones that “use ingredients that otherwise would not have gone to human consumption, are procured and produced using verifiable supply chains, and have a positive impact on the environment.” The definition was drafted by a working group convened by the Upcycled Food Association, which included representatives from Harvard University, Drexel University, Natural Resources Defense Council, World Wildlife Fund, and ReFED, a nonprofit that analyzes solutions to food waste...Standardizing the term is also a first step toward legislation that supports upcycling, according to Emily Broad Leib, a Harvard University law professor and the director of Harvard’s Food Law and Policy Clinic. “Further research can be done to identify and leverage policy incentives to support upcycled foods as a model to reduce food waste and support a more sustainable food system,” she says in a statement.

Jam made with bacon scraps; fish jerky that turns unwanted fish into something delicious; granola bars and snack puffs crafted from spent brewing grams. These are just a few examples of how entrepreneurial ingenuity is transforming food byproducts and scraps into novel and often very nutritious products for human consumption, creating new sources of protein, other nutrients and fiber in the process—and keeping it all out of landfills. “Upcycling,” the new term of art, is one way to reduce reduce food waste and help the environment. But until now, there hasn't been a single standard definition of upcycling, even as the number of startups tackling food waste grows and consumers show more interest in buying products made with upcycled ingredients. Today, May 19, a task force comprised of food industry players, academic researchers an1d nonprofits is unveiling the first formal definition of the term upcycling. The group says the adoption of a single term and definition by the industry will lead to a powerful new product category that will encourage both the food industry and consumers to embrace products with upcycled ingredients...Another task force member, Emily Broad Leib, clinical professor of law, director of the Harvard Law School Food Law and Policy Clinic, and deputy director of the Harvard Law School Center for Health Law and Policy Innovation, said in a statement that scaling up the use of upcycled foods would help make the food supply chain more efficient and resilient. “This upcycled foods definition serves as a strong starting place to help businesses, consumers, and other users align around a common meaning and usage of the term."

"Use by.” “Best by.” “Best if used by.” “Enjoy by.” Food companies in the US began dating their products with this patchwork of labels during the 1970s—often with little, if any, scientific basis or uniformity. In the decades prior, packaged products had become increasingly popular as fewer and fewer people grew their own food. Naturally, concern arose that inconsistent date labels would make it difficult to tell if food was still fresh—and whether consumers were being swindled. In 1973, the US Congress considered a bill that would have required food manufacturers to list a date that their perishable foods should be sold by. It would also have kept retail distributors from selling food after that date had passed, punishable by a $5,000 fine and 1 year in prison. But that bill failed to make it into law. So did the next one. And the next... “So much of our food safety guidance has been ‘When in doubt, throw it out.’ ” says Emily Broad Leib, director of the Harvard Law School Food Law and Policy Clinic. “We’re just throwing away so much food, and I find that to be a really unsatisfying heuristic.” Broad Leib supports a labeling system that’s standardized and easier to understand. The latest food labeling bill in the US, H.R. 3981, was introduced last year and would require expiration labels to use only two wordings: “BEST If Used By” for quality-related dates or “USE By” for discard dates, which is similar to the EU’s system.

The novel coronavirus (COVID-19) has upended nearly every aspect of modern society, but especially the food system. Farmers are being forced to discard unprecedented amounts of food surplus because of the closure of schools, restaurants and hotels. And, because of the complex logistics of the food supply chain, diverting food supply away from wholesalers directly into the hands of consumers can be costly. Experts such as Dana Gunders of ReFED are concerned that more food waste will be produced in 2020 than in previous years. Despite these challenges, organizations around the world are working to reduce food waste...Directed by Emily Broad Leib, Harvard Law School's Food Law and Policy Clinic (FLPC) is leading an emergency COVID-19 response effort to inform the public the pandemic’s impact on food systems. The response includes informational resources analyzing opportunities for low-cost home food delivery. It also includes policy briefings urging Congress and the USDA to take legislative action to mitigate the pandemic’s burden on the food system and its workers.

Just about every morning since America went on coronavirus lockdown, Suzanne McMinn has risen at 2 a.m. to bake in her home kitchen. She’s working there up to 15 hours a day, seven days a week. But she’s not cooking for herself, mostly. She’s cranking out dozens of orders daily for people all over the U.S.—people who found her on Etsy. Yes, she sells bread on the site best known for knitted hats and topical greeting cards and, lately, hand-sewn masks...Far from the Etsy corporate headquarters, other changes have swept across the U.S., making home-baked goods more commercially viable. From 2013 to 2018, 10 states passed so-called “cottage food laws” allowing home bakers to legally sell their goods in a variety of venues, including online, says Emily Broad Leib, faculty director of the Harvard Law School Food Law and Policy Clinic. Many other states amended existing food laws. While this wave of legislation was driven by, and has enabled, a grass-roots movement of professional home bakers who have found a natural home on Etsy, the company itself hasn’t done much to encourage this category above others. Those who have been selling baked goods on the site for years feel like the lack of promotion of Etsy’s many bakers shows the company’s interests lie elsewhere...Nevertheless, the category has exploded.

On a recent Wednesday morning, Sean Daniels pulled a large van up to the parking lot of a community center in Newark, New Jersey. There, volunteers were busy packing potatoes, mushrooms, onions, green beans, and other produce items that had been donated by the meal kit company HelloFresh into dozens of bags to be delivered to local senior centers and affordable housing complexes...Food waste might seem like an odd problem to have during a pandemic, but the shuttering of restaurants, arenas, schools, and other public institutions has created a glut of fresh produce stuck on farms with no buyers. Those producers operate within a completely separate supply chain to those who supply direct-to-consumer markets like grocery stores and food banks...Harvard’s Food Law and Policy Clinic director Emily Broad Leib agreed that restructuring tax incentives for farmers could be an easy way to reduce food waste. But there’s no quick fix for the massive amount of coordination required between various government agencies and food system stakeholders. Leib recommended encouraging states and localities to buy farmers’ excess food as much as possible. And more importantly, she said the government should expand the reach of the Supplemental Nutrition Assistance Program, also known as food stamps, including for online food orders. Leib points out that because every dollar spent on SNAP generates about $1.50 in GDP growth, increasing access to SNAP could also bolster local economies — especially if Americans could easily use the vouchers to buy food from local markets and farmers as well as large supermarket chains. “We have a food system that has a lot of challenges, even in good times,” said Leib. “This pandemic has really shown those frayed edges.”