Institutional analysis explains the means by which different parts of the government interact with each other and how individuals are shaped by various institutions. Food pantries operate in a “regulatory desert,” where the managers create and enforce their own rules and norms, as well as any formal and informal constraints. To that end, the Bill Emerson Good Samaritan Food Donation Act alleviates liability concerns regarding food donation, except in the case of gross negligence and misconduct. The absence of regulatory policy can be just as meaningful as intricate legislative influence, especially in the case of food safety. Foodborne illness has a large burden in the United States, with estimated 48 million Americans contracting disease from food and water each year from grocery stores, hospitals, child day care centers, church banquets, county fairs, restaurants, private homes, schools, and even food banks. This analysis focuses on institutional risk, which is the risk generated by the uncertainties resulting from government policies and regulations, as well as plans for risk mitigation. This research examines whether food pantries have the means and education to keep the food for distribution as safe as possible.

In North Carolina alone, 27.3% of the state’s children and 19.3% individuals overall are categorized as food-insecure. Using a novel data set consisting of key pantry statistics from 12 NC counties, the food safety procedures are evaluated against a modified version of the North Carolina Food Establishment Inspection Report, the instrument employed by health inspectors to determine food establishment letter grades. Using those scores and supplemental data collected in the food pantries, we measure and evaluate the effectiveness of current operating procedures and the extent to which emergency food providers are able to respond to a recall or foodborne illness outbreak. Additional variables measured include: food bank partnership; types of food and their sources; storage facilities; food handling training; local environment; and pantry distribution rules. By examining variation in the practices between the seven food bank regions, we find differences in the ability to respond to a recall. Qualitative data on distribution practices, past-date food ideologies, and pantry-created supplier requirements add a richness to this characterization of food pantries in North Carolina.

To the extent that it could change behavior, the implications of the findings would suggest the creation of food safety guidance for food pantries and potentially state-level regulation. At a minimum, this research reveals how pantry managers take steps to mitigate the risk of foodborne illness in an especially vulnerable population.