Skip to main content

Food Donation Guide for Restaurants and Caterers 07-2024

This 4.5MB file PDF describes how to donate, provides an overview of liability protections for food donors, notes on food safety, and includes a list of local agencies accepting food donations. This guide was last updated on June 27, 2024 How to donate: Surplus food for donation should be stored in food-safe plastic bags or food-safe containers. Note that trash bags and grocery store bags are usually not considered food safe. A food donation label must be attached to each bag or container. This label should include donor name and phone number, description of the item, and the date and time it was prepared. Food labels should indicate whether the food contains any of the following major allergens or derivatives of the following major allergens: milk · egg · fish · crustacean shellfish · tree nuts · wheat · peanuts · soybean · sesame LIABILITY PROTECTION FOR DONORS: State and Federal laws protect food donors. Businesses, individuals, and nonprofits that donate or distribute donated food or grocery products are well protected by laws designed to provide immunity from liability related to food donations. The Bill Emerson Good Samaritan Food Donation Act, originally passed in 1996 and amended by the Food Donation Improvement Act in 2022 (hereinafter collectively referred to as “the Emerson Act”), provides comprehensive federal liability protection to encourage food donation to individuals experiencing food insecurity. New Mexico Statute 41-10-3 (1978) is the state law protecting food donors from all forms of liability. New Mexico Statue 41-10-3 A. Notwithstanding any other provision of law, any person who donates food in good faith, including the good-faith donor of any perishable or canned food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization or municipality for free distribution or a gleaner of any perishable food, apparently fit for human consumption, shall not be subject to any criminal penalty or be liable for any civil damages arising from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the person who donates the food. B. Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization or municipality which in good faith receives food, apparently fit for human consumption, and distributes it at no charge shall not be subject to any criminal penalty or be liable for any civil damages resulting from the condition of the food unless an injury arising from the food is caused by the gross negligence, recklessness or intentional conduct of the organization. C. This section does not restrict the authority of an appropriate governmental agency to regulate or ban the use of any food for human consumption. NOTES ON CRITICAL FOOD HANDLING TEMPERATURES: For food safety information, please visit: https://www.cabq.gov/environmentalhealth/food-safety/restaurant-food-safety. LOCAL AGENCIES ACCEPTING PREPARED FOOD DONATIONS: Each accepting agency on this list shall make every effort to maintain food safety up to and including service of said food. Desert Harvest About: Desert Harvest was founded in 2001 to help alleviate hunger and limit food waste in New Mexico. Desert Harvest rescues prepared and non-prepared surplus foods from local grocery stores, restaurants, and other businesses. This food is picked up by network partners and distributed in their pantries, shelters, or kitchens – helping to feed New Mexico’s hungry and limiting food waste. How to donate: Contact the Desert Harvest Coordinator Glenna at (505) 449-4021 or [email protected]. Desert Harvest will schedule either a one-time pick up or set up a regularly scheduled pick up at an interval most convenient to you and/or your business. Food-grade packaging will be provided, if needed. Your surplus food must be placed in food-grade containers and either stored in a refrigerator or a freezer (preferred). Each individual container must be labeled with the information on the "Sample Label" (see beginning of document). Desert Harvest network partners will pick up your donations and distribute them to the people they serve. Please note that, while reasonable effort will be made, Desert Harvest may, under certain circumstances, be unable to facilitate food rescue at your location. Scheduling of a pickup is dependent on the availability of our partners (their staff, vehicles, and volunteers). God Cares About You About: Faith-based shelter and food service serving the International District aimed at providing the community with day-to-day items. The Mission offers hot meals and perishable and non-perishable groceries Mondays, Tuesdays, Thursdays, and Fridays to people from all walks of life without faith-based conditions. How to donate: Contact German at (505) 377-2756 or [email protected]. Pick-up may be possible. Accepts perishable and non-perishable raw, packaged, and prepared foods. Location: 126 Pennsylvania St NE, Albuquerque 87108. Each accepting agency on this list shall make every effort to maintain food safety up to and including service of said food. Good Shepherd Center About: Offering addiction recovery, medical shelter, food, housing assistance, and clothing for those in need since 1951. How to donate: Contact Director of Operations, Brother Charles, to schedule drop-off: (856) 203-2883. Delivery required. Deliver to 218 Iron Ave SW, Albuquerque 87102. Accepts raw and prepared food, ingredient labels not required. Frozen foods are only accepted on a limited basis. Mission ABQ About: Mission ABQ is a non-profit organization, established in 1999 to bring hope to a community in need, helping people turn the corner from a place of need to a place of service to others. How to donate: Call Pastor James to schedule a delivery: (505) 910-3593. Delivery required. Delivery Times: Monday and Tuesday 10 a.m.-12 p.m., Thursday 2 p.m.-5 p.m. Address: 8216 Central Ave SW, Albuquerque 87108. All prepared, fresh, frozen, and/or packaged foods welcome. The Rock at Noonday About: Meals and support services for unhoused and food insecure people. How to donate: Call before drop-off. Contact Community Engagement Director at [email protected] / (505) 340-9565. Delivery required. Delivery can be accepted Monday from 8 a.m. to 11 a.m. or Tuesday through Friday from 8 a.m. to 1 p.m. All dated and labeled prepared and/or raw food are welcome. LOCAL AGENCIES ACCEPTING FRESH PRODUCE AND SHELF-STABLE PACKAGED FOODS ONLY Each accepting agency on this list shall make every effort to maintain food safety up to and including service of said food. Rio Grande Food Project About: Rio Grande Food Project (RGFP) is a 501(c)(3) nonprofit organization providing free groceries to thousands of people each year, along with additional services and resources to help address root causes of food insecurity. How to donate: Donations accepted depending on space. Please call the Operations Manager before making a donation: (505) 967-5158. Delivery only. Delivery times: Tuesday- Friday 8 a.m. to 2 p.m. Address: 600 Coors Blvd NW Albuquerque 87121. No prepared foods will be accepted. No bulk foods will be accepted. Dry goods will be accepted if they are individually packaged, contain a nutritional label, and not in a large bulk size. Perishable produce will be accepted. Roadrunner Food Bank About: Roadrunner Food Bank of New Mexico is the largest non-profit food bank in the state. As a food distribution hub, Roadrunner provides food to hundreds of affiliated member partners across the state. How to donate: Suitable only for large volumes of food (greater than one pallet). Food items may include perishable and/or non-perishable items. Ingredients must be labeled. Prepared food will generally not be accepted. To inquire about a potential donation, contact the Roadrunner Food Bank main line: (505) 247-2052. Request to speak with the food rescue or food drive staff. Pickup may be possible for large donations. Storehouse New Mexico About: Storehouse New Mexico is a nonprofit community-based food pantry that provides free groceries to people in need. How to donate: Accepts packaged food or fresh produce only, no prepared foods. Deliveries can be brought to 106 Broadway Blvd. SE Tuesday-Saturday from 8 a.m. until 2 p.m. Donors should come to the back door in the east alleyway and ring the doorbell; they will help unload. Scheduling in advance is not necessary. Pickups are sometimes possible especially for large donations. Please call (505) 842-6491 if a pickup is needed.