CA Legislature OK’s McNerney’s Bill to Help Farmers Fight Hunger
The state Legislature today unanimously approved Sen. Jerry McNerney’s SB 881, the Farmer to Food Bank Tax Credit.
SB 881 will enable farmers, growers, and food producers to provide fresh fruits, vegetables, nuts, and more to food-insecure families and receive tax credits for donating surplus food to food banks.
“California farmers and growers are among the most productive in the world, and yet too many Californians go hungry each year,” said Sen. McNerney who is chair of the Senate Revenue and Taxation Committee and a member of the Agriculture Committee. “SB 881 will benefit farmers and food banks by helping ensure that surplus food from California’s bountiful harvest each year doesn’t go to waste and instead will help feed the hungry.”
SB 881 won unanimous approval in the state Senate today after being unanimously approved by the Assembly on Monday. The bill now goes to the governor’s desk. SB 881 would take effect immediately if signed into law.
SB 881 will extend until 2032 a highly successful incentive program that provides state tax credits to farmer, growers, and food producers who donate surplus food to food banks. The Farmer to Food Bank Tax Credit program, which produced $10.7 million of food donations in 2024, is scheduled to expire Jan. 1, 2027. SB 881 will also extend until 2033 the option for California taxpayers to donate to food banks on their state tax returns.
Senate Bill 881 is sponsored by the California Association of Food Banks and Californians Against Waste.
"Since its creation in 2011, California's Donated Fresh Fruit or Vegetables Tax Credit has enabled California food banks to provide high-quality, California-grown and manufactured foods to communities across the state. As H.R. 1 food and healthcare cuts lead more Californians to seek food assistance, state programs that help food banks receive fresh foods are more needed than ever,” said Stacia Levenfeld, CEO of California Food Banks. “Thank you, Senator McNerney, for supporting California’s farmers, reducing food waste, fighting climate change, and getting food to people in need, all at the same time"
“Farmers should not have to watch good food go to waste while families are struggling to put food on the table. That is especially true now, with recent cuts to programs that help Californians put food on the table,” said Nick Lapis, director of advocacy for Californians Against Waste. “SB 881 is a win-win that gives farmers a reason to donate surplus food and gives food banks more support to get that food to people who need it.”
California currently produces nearly one-half of the nation’s vegetables and over three-quarters of the country’s fruits and nuts. And yet a substantial portion of California households struggle to put food on the table. Twenty-two percent of households and 27 percent of those with children experience food insecurity.
Hunger in California is also expected to worsen as grocery prices continue to rise and because the federal mega bill from last summer is expected to eliminate CalFresh (food stamps) for nearly 800,000 California households.
SB 881 will help fight hunger by continuing to provide tax incentives to farmers, growers, and food packers and processors who donate the following safe-to-eat foods to food banks until 2032:
- Fruits, nuts, and vegetables
- Meat, poultry, eggs, and fish
- Rice and beans
- Canned, frozen, or dehydrated fruits, nuts, and vegetables
- Cheese, milk, yogurt, butter, and dehydrated milk
- Infant formula
- Vegetable oil and olive oil
- Soup, pasta sauce, and salsa
- Bread and pasta
- Canned meats and canned seafood
Under the tax credit program, farmers, growers, and food producers receive a 15% tax credit for their food donations.
Sen. Jerry McNerney’s 5th Senate District includes all of San Joaquin County and Alameda County’s Tri-Valley.
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