For businesses

How to donate surplus food safely and legally

For restaurants, bakeries, supermarkets, caterers, and food producers: a practical guide to sharing unsold food with your community — without legal risk, without complexity, and without cost.

Why it makes sense for your business

Bin costs money — donations don't

Builds loyalty with local customers

Measurable sustainability impact

Staff morale and retention

Commercially, a food donation programme costs very little to run once it is in place. The waste disposal savings alone often offset the small amount of staff time involved. And the reputational benefit — particularly with younger customers who care about sustainability — is increasingly significant.

Which businesses generate donatable surplus?

Bakeries — unsold bread, pastries, and cakes at end of day
Restaurants and cafés — prep excess, buffet leftovers, overproduction
Supermarkets and delis — short-dated produce, damaged packaging, overstock
Caterers and event venues — post-event surplus (often the largest single quantities)
Food manufacturers — production runs with cosmetic defects or labelling changes
Market stallholders — unsold fruit, vegetables, and prepared food

Where to send your surplus

Food banks and Tafeln

Germany's Tafel network collects regular surplus from businesses. Contact your local Tafel to arrange a standing pickup schedule. They handle transport and distribution, which removes the logistics burden from you.

foodsharing.de Foodsavers

Trained volunteer 'Foodsavers' collect directly from partner businesses on a regular schedule. The platform handles volunteer vetting and agreements. Ideal for bakeries, supermarkets, and restaurants with predictable daily surplus.

Community fridges (Fairteiler)

Drop surplus at a local Fairteiler or community fridge for anonymous, self-service redistribution. No coordination required beyond the drop-off itself. Best for small, irregular quantities.

We The Food

List discounted or free surplus directly for your local community. Keeps the transaction transparent — buyers see exactly what they are getting, allergens are declared, and pickup is arranged directly. Well-suited for delis, caterers, and small food producers.

How to set up a donation programme in 5 steps

Audit your surplus

Identify which products, categories, and days generate the most waste. A bakery might find it is always bread on Monday mornings; a restaurant might have consistent prep-excess on Sundays. Knowing the pattern lets you build a reliable donation schedule.

Choose a channel that fits your volume

High-volume, daily surplus suits a Tafel or foodsharing.de partnership. Small or irregular amounts suit community fridges or a We The Food listing. You can use more than one.

Set an internal handover process

Designate one person per shift to be responsible for surplus. Set a cutoff time — e.g. two hours before closing — after which unsold stock goes to the donation container, not the bin. Label containers with the item name, date, and any allergens.

Document what you give

Keep a simple log: date, item, quantity, recipient. This takes 30 seconds and protects you if a question ever arises. It also lets you track impact — businesses often find the monthly numbers motivating for staff.

Communicate it to customers and staff

Telling your customers you donate unsold food is a genuine differentiator. A small sign at the counter, a social post, or a note on your menu goes a long way. Staff who understand the 'why' are more likely to follow the process consistently.

Legal basics for Germany

German food law is stricter than many other European countries in some respects — but food donation is actively encouraged by both federal and EU policy. Here are the key things to understand.

Liability in Germany

German food law does not automatically exempt donors from liability if donated food causes harm. In practice, prosecutions are extremely rare when food was donated in good faith and met hygiene standards at the point of handover. Working through an established partner (Tafel, foodsharing.de) rather than giving directly to unknown individuals further reduces exposure.

Food safety obligations

Your obligations under EU food hygiene regulations (EC 852/2004) apply until the moment of handover. After that, the recipient organisation takes responsibility. Donated food must be safe to consume at the time it leaves your premises — it should be within its use-by date, stored correctly, and handled hygienically.

Best-before vs use-by

Food past its best-before date (Mindesthaltbarkeitsdatum / MHD) can legally be donated if it is still safe to eat — you and the recipient must use judgement. Food past its use-by date (Verbrauchsdatum) must not be donated or sold, as it may be unsafe regardless of appearance.

VAT on food donations

In Germany, donated food is generally subject to VAT based on the purchase price (not sale price). However, donations to recognised charitable organisations (gemeinnützige Organisationen) may be treated differently. Tafel Deutschland e.V. is a recognised charity. Consult your Steuerberater for your specific situation — the rules have been updated as recently as 2023.

Temperature-controlled food

Chilled and frozen items require an unbroken cold chain. If you cannot guarantee that, restrict donations to shelf-stable or room-temperature products. Never donate food that has spent time in the temperature danger zone (5–60°C) for more than two hours.

This is general information, not legal advice. For VAT and liability questions specific to your business, consult a qualified Steuerberater or Rechtsanwalt.

List your surplus on We The Food

We The Food lets food businesses list discounted or free surplus directly for the local community. Each listing shows the item, photo, allergens, price, and pickup window — full transparency for the buyer, minimal effort for you.

Last updated: July 2026