Andrew Zhang is a third year law student at Harvard Law School and a guest contributor to this blog.
Earlier this November, with the passage of a continuing resolution that ended the longest government shutdown in United States history, Congress extended the Agricultural Improvement Act of 2018 (the 2018 Farm Bill—the nation’s current and most recent Farm Bill) for one more year. This extension—the third of its kind since the 2018 Farm Bill first expired in 2023—reinstated funding for many of the USDA programs that had been left stranded by the Farm Bill’s most recent expiration on September 30, 2025. And though the extension restored certain funds necessary to keep critical USDA programs running, it was also met with criticism, as it meant that Congress had—once again—failed to pass a new farm bill.
As negotiations over the next farm bill inevitably get punted into 2026, the Farm Bill’s extension offers an important opportunity to consider which policy areas might command Congress’ attention in the next farm bill. And there’s one issue that is particularly ripe for congressional action: food waste.
The recent lapse in funding for SNAP (the Supplemental Nutrition Assistance Program) exposed just how urgent and widespread food insecurity remains in the United States. As the nation’s attention towards food insecurity grows, it is crucial also to address the inextricably related issue of food loss and waste. The USDA estimates that a staggering 30 to 40% of the nation’s food supply goes wasted each year. And food is lost or wasted at every level—from producers to retailers to consumers.
The federal government has recognized the significant role it plays in combatting food waste. In 2015, the USDA and EPA set the nation’s first ever food waste reduction goal of halving food loss and waste by 2030. In service of this goal, the two agencies joined the EPA in forming the Federal Interagency Collaboration to Reduce Food Loss and Waste, reaffirming their commitment to preventing and reducing food loss and waste. And while these efforts were important in setting a national tone concerning food waste reduction, 2018 marked a legislative milestone when Congress substantively addressed food loss and waste in the farm bill for the first time. The 2018 Farm Bill created grant authorities for the USDA Office of Urban Agriculture and Innovative Production to fund Composting and Food Waste Reduction (CFWR) projects that develop and implement food waste reduction strategies in communities across the country. It also established the Food Loss and Waste Reduction Liaison at USDA (tasked with coordinating federal, state, local, and nongovernmental programs) and clarified liability protections for food donors.
While these provisions were celebrated by advocate groups as “an important starting point” on the road to achieving the nation’s food waste reduction goals, the need for further legislative action is clear. And the menu of marker bills in the current Congress signals where lawmakers may be headed when it comes to tackling food waste. The Reduce Food Loss and Waste Act, introduced by Senators Chuck Grassley (R-IA) and Dick Durbin (D-IL), calls upon the USDA to establish a voluntary Food Loss and Waste Reduction Certification Program. This program would divert food away from landfills by further supporting the donation of excess food to accredited nonprofit organizations, as well as increasing the use of food scraps in composting and as feedstock. The New Opportunities for Technological Innovation, Mitigation, and Education To Overcome Waste Act (the NO TIME TO Waste Act), introduced in the House by Representatives Chellie Pingree (D-ME) and Mike Lawler (R-NY) and in the Senate by Senators Chris Coons (D-DE) and Jerry Moran (R-KS), seeks to establish an Office of Food Loss and Waste to support the Food Loss and Waste Liaison created by the 2018 Farm Bill and implores the USDA, EPA, and FDA to collaborate to reduce food loss and waste. And while the Supporting Urban and Innovative Farming Act, introduced by Representatives Mike Kelly (R-PA) and Mike Thompson (D-CA), is not as overtly aimed at food waste reduction as the previous two bills, it nonetheless facilitates the same goal by incentivizing innovative farming technologies and projects (like CWFR) that help reduce waste in the food supply.
It’s evident that food waste remains a critical, pressing issue in the United States—over a third of our food supply goes uneaten every year. And given how recent events have underscored the fragility of the nation’s food system, it’s evident too that the next farm bill must build on the foundation laid by the food waste reduction programs in the 2018 Farm Bill.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
