The Possibilities and Challenges of Getting Leftover Food from Restaurants

It is often challenging to obtain leftover food from restaurants if you ask politely. Restaurants traditionally focus on serving customers and making a profit, which means giving away leftover food is not typically part of their business model. In this article, we will explore the reasons why restaurants do not usually offer leftover food to customers, the legal considerations, and some exceptions where it might be possible.

Why Restaurants Don't Offer Leftovers to Customers

Is it possible to get leftover food from restaurants if we go and ask them politely? Maybe, but probably not. Many restaurants would not let customers take leftovers due to concerns about liability, expectations, and business practices.

For instance, if a restaurant makes a habit of giving away leftovers at the end of the day, it might not attract paying customers. Customers would prefer to wait for free food rather than pay for a meal. Our experience at the restaurant, where we initially gave away leftovers to employees, demonstrated this. Initially, employees appreciated the free food, but they soon developed a sense of entitlement. When there were no leftovers, they complained bitterly, expecting extra fresh food just to take home for free. This situation illustrated the potential challenges in implementing such a policy.

Legal and Health Department Considerations

Health department laws vary from state to state, but the practice of giving away leftover food is often referred to as “gleaning,” which typically applies to excess crops rather than prepared foods. In some states, prepared food that has been served buffet-style may not be taken, even by the person who paid for it. These laws aim to ensure food safety and prevent the spread of illness.

During the COVID-19 pandemic, changes were made to allow no-cost prepared food for those in need. The Bill Emerson Good Samaritan Food Donation Act of 1996 provided liability protection to those donating food. Nevertheless, most restaurants might allow staff to take home food but prohibit the public from accessing leftovers. This is because the risk of defending against a tort, such as an allergic reaction, is too significant.

Exceptions and Unexpected Challenges

Getting leftover food from restaurants is not impossible, but it is rare. If you know someone at the restaurant, you might have a better chance. However, many restaurants have strict policies against giving away leftover food to the public due to liability concerns.

Some very cautious restaurants may donate certain items, such as excess baked goods or canned goods, to shelters. These items are typically less likely to go bad. Some restaurants might leave their dumpsters unlocked or place unspoiled food in a known location, acting as a “wink wink nudge nudge” for employees to take. While this might seem like a convenient solution, it exposes the restaurant to potential liability issues.

Conclusion

While it is possible to get leftover food from restaurants in some situations, it is not a common practice and comes with significant challenges. Restaurants must balance their need to avoid liability and maintain their business model with the good intentions of helping those in need. Understanding the legal and practical considerations can help you appreciate the complexities of this issue.