Containerization - could 'saving' food soon become legal?

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Miriam Weitz

February 24, 2023 · Reading time: 4 Minutes
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What is dumpster diving anyway

People who dumpster dive retrieve expired but still edible food from garbage bins. Other terms for this are ‘Dumpster Diving’ or ‘Trash Diving’. Many dumpster divers do this to make a statement against food waste and the throwaway culture. However, needy individuals also resort to dumpster diving, simply because they cannot afford food otherwise. For such people, dumpster diving is often associated with a great deal of shame.

Regarding the figures on how many tons of food are thrown away annually, there are only estimates. The federal government assumes 11 million tons, while WWF estimates 18 million tons. Private households discard an additional 6.5 million tons and account for about 78% of the total food waste. So if you want to do something about it, the Smantry App is an ideal tool.

The government has now recognized the problem and launched the initiative “Too Good for the Bin”. The aim is to help people reconnect with their food.
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Dumpster diving is illegal

The problem with the matter is that the containers, trash cans, and waste bins are usually located on private property. Until the time of disposal, the contents belong to the property owner. Dumpster divers are therefore committing theft and also trespassing when they fish for expired food in other people’s trash cans. In 2019, two women were sentenced to community service by a Bavarian local court because they were caught dumpster diving. The two even took their case to the Federal Constitutional Court, which, however, rejected the complaint. Jesuit priest Jörg Alt reported himself after dumpster diving. The food he saved was, by the way, distributed among the needy.

Will containerization soon be decriminalized?

Federal Minister of Justice Marco Buschmann (FDP) and Federal Minister of Food and Agriculture Cem Özdemir (The Greens) are considering abolishing penalties for dumpster diving, provided that no trespassing occurs. Therefore, anyone who damages a fence or pries open a gate would still be committing a criminal offense. However, a change in federal law is not planned. The new guidelines are to be decided by the states themselves.

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This initiative was also proposed in 2019. At that time, the Hamburg Minister of Justice Till Steffen (the Greens) submitted a motion at the Conference of Ministers of Justice to legalize dumpster diving. However, this was rejected by the states led by the CDU, on the grounds that dumpster diving is both undignified and hygienically questionable, and also because the issue of liability was unresolved. The trade sector is also against legalizing dumpster diving. Likewise, food banks view it critically, although the association is indeed in favor of decriminalizing dumpster diving. They also demand that food donations be simplified. In France, by the way, wasting food is a punishable offense. Supermarkets over 400 sqm in size are legally obliged to pass on discarded food to the needy. Those who do not comply can expect a fine. In Canada, dumpster diving in public spaces is legal. An improvement in the value chain could also help to reduce food waste.

By the way: Many food retailers in Germany already donate to food banks and other similar projects.

Alternatives to Dumpster Diving

However, there are also other ways to combat food waste - completely legally.

Often in supermarkets and discount stores, you can find deals on food items that are close to their expiration date. This is also a way to save money. Another option is to create a meal plan. To do this, you sit down one day and plan out the meals for the entire week - and then go shopping. The groceries you buy can be logged in the Smantry App, as some products don’t need to be used up all at once when cooking.

This also makes a good transition to our next tip. Be creative in the kitchen. Leftovers and scraps can often be turned into something great.

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