Yep, and you could shoplift food from a grocery store and donate it, or cheat on your taxes and use the extra money to buy food to donate, or donate the money directly.

Personally, I think it would be better to change the system. Perhaps a program that incentivizes a business to donate the food instead of charging it back or incentivizing the supplier/manufacturer to require anything usable they get a chargeback for from a business be donated or destroyed.

People shouldn't have to forced to choose between doing the moral thing or the legal thing.