Hi sbryce,
Yes, we ran into the same problem with our grocery store. They didn't refer to the USDA, but they said that it was against store policy because someone complained that their livestock got sick over the old produce.

We now get our produce from a fast food place and a restaurant.
Beth

It's true that a lot of grocery stores don't give away their produce. I think the fear is that someone will eat it and get sick/sue the store. We have stores that give it to farmers, and I've been lucky to have a store near me, that has no qualms about giving away their stuff to people for their pets.

A fellow I know got ALL the food he could handle, and then some from a restaurant. So that might be your best bet, for sure.

I have heard of this as a store policy, bu this guy was saying it was a USDA guideline, so that it would be illegal to give the spoiled produce away.

Perhaps if they threw it in the dumpster and it was "liberated" their butts would be covered and food is not wasted .

For a while I worked for Frito Lay at one of the distribution centers. Any time they threw away past pull date items, they were required to open the package first to prevent people from pulling it out of the dumpster and eating it.

I think the grocery stores here have trash compactors.

Maybe if the food is past it's prime, it should be discarded and not consumed by any living animals. Granted it would be better if it was composted but I don't think spoiled or possibly spoiled food should be given to pets.

We aren't talking about spoiled food. Food does not automatically spoil on the pull date. And food does not have to be spoiled to be culled at a grocery store. It only has to look less than optimum.

I thought we were talking about food that the USDA deemed unfit for consumption and was required to be removed from the store shelves.

I have a friend that has a pig farm. He gets STUFF from all over - I see him driving around in his truck and filled drums. Maybe if "we" told merchants we were pig farmers and signed whatever forms they had they would give us food for our worms?

That's a LOT of food waste to pick up. . .maybe your local school cafeteria would give you their not-so-rotten waste?

We are talking about food that is removed from the produce section of a grocery store because, in the words of a produce department employee, "It does not meet our store's standards."

Sbryce is right, gmreeves. I've gotten large boxes of produce from my store. I brought home 4 boxes one day, and hubby had a stroke. I only have 2 inside bins. They were chock full of head, romaine lettuces, cabbage, some fruit, herbs, kale, all kinds of amazing stuff.
I freecycled 2 boxes to people with rabbits, and froze the rest.

jasdip, was this recently?

This was a few months ago. But I should tell you that I live in Canada. Having said that, some stores don't allow people to take home the produce. I'm lucky that the one closest to me does.

It is beginning to look like the produce guy was confusing a store policy with a USDA policy. There are a couple of stores nearby I have not asked at. I'll see what they say.

I wasn't trying to say sbryce was wrong. I just misundertsood the original post because it said specifically,

"I spoke with someone in a grocery store produce department today who told me that the USDA does not allow unsaleable produce to be given away. He says he culls 4 boxes of produce every day that would be fine to feed animals, but the USDA has guidelines about how it is to be disposed of."

I guess I was just assuming that unsaleable by definition meant that the USDA didn't approve of it being sold instead of just how the USDA approves of disposing of unsaleable produce. If it was me and I was really concerned about it, I would go back and talk with the produce department manager for further clarification. But it doesn't as I only have three rubbermaid bins and I eat enough fruits and vegetables to supply my bins.

Did you ask as they were removing product? Don't know why COOL was cited. The USDA food safety guidelines should have been since that is what they would be violating if they give away the trash. It's a ridiculous interpretation, but such things are what dominate our judicial system and make it a joke in the first place. Once all the veges are thrown in refuse or if they are damaged, the store can't distribute them legally. Remember, distribution doesn't mean selling. It means releasing it to a consumer in any way. This only applies to retail, not food service. That is why you can go to a restaurant and get the leftovers/trash. Those of you that get stuff from a local grocer are lucky that the local grocer is either ignorant of the laws and fines or is trusting that you will keep it under your hat and use it for what you claim. USDA fines are no joke and can cripple a business. Especially the little guys. You can find individual guidelines for different produce on the USDA website.

I realize you and I and most here would use the refuse for worms or animals, but there are lots of people going without right now that would say that just to get the food. Nothing wrong with that, in my opinion, but some of those people would also sue an establishment if they got sick if they thought it would get them out of the hole.

That being said, I think you can get some kind of contract together to remove that waste for them as waste. It would hold them harmless and you would then be responsible for the product from there. The problem is, it could end up violating their contract with whomever already removes waste product since that business relies on volume.

Thanks, Joe.jr. I think yours is the definitive answer.

I volunteer for a wildlife rehab and we get unsaleable but edible produce all the time. Even outdated eggs. Since we are a non-profit and get no government money these donations are a huge savings. We are grateful and so are the animals.