Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Nineteenth Congress
First Regular Session
1   1   ~   1``
HOUSE BILL NO.
Introduced try Representative Romulo ``Kid" Pefia, Jr.
HXPLANATORY NOTE
In a survey conducted by the Social Weather Station (SWS) during
the first quarter of 2022, it was found that 12.2% or an estimated 3.1 million
Filipino families experienced involuntary hunger at least once in the past
three months. In the survey, the dire situation of hunger was specifically
attributed to the lack of food to eat.
Worldwide, between 702 and 828 million people were exposed to
severe level of food insecurity according to the latest estimates of the UN
Food and Agriculture Organization (FAO) in 2021.
These figures manifest food insecurity but, on the contrary, each
Filipino is said to waste an average of 3.29kg or rice alone per year. Food
loss   also   happens   before   consumption   such   as   during   agricultural
production.  The  gap  between  the  food  produced  and  the  food  made
available to all are the food wastes that could possibly feed the millions of
hungry Filipino fillies.
Food wastage poses both economic and environmental concerns if
we consider the costs of deforestation, soil erosion, increased greenhouse
gases, and reduced profits for farmers, among others.
Accordingly, this bill aims to end food wastage through a National
Zero-Food Waste Campaign that intends to educate on the cuITent food
waste situation and on reducing food wastes. It also seeks to create national
and local food waste prevention programs. In addressing the losses from
production, this bill encourages households and local government units to
recycle inedible food waste into fertilizers or compost.


This   bill   also   intends   to  facilitate   food  manufacturers,  food
establishments,  supermarkets,  and  even  culinary  schools  to  adopt  a
National Food Surplus Scheme wherein edible food surplus are donated to
accredited food banks as determined by the Department of Social Welfare
and Development (DSWD). Food banks, in coordination with the DSWD
and local government units (LGUs) , will then be mandated to distribute the
edible food surplus to the food insecure.
This bill, once enacted, hopes to pioneer laws that aim to address
nationwide hunger and raise the standard of living of the underprivileged,
especially when it comes to their access to safe and edible food.
In view of the foregoing, immediate passage of this bill is earnestly
sought.
Ro7Z " PEHA, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Nineteenth Congress
First Regular Session
` -,-,'`       6099
HOUSE BILL NO:
Introduced by Representative Romulo ``Kid" Pefia, Jr.
AN ACT REDUCING WASTAGE BY DONATING AND
RECYCLING EXCESS EDIBLE FOOD
Be  it  enacted  by  the  Senate  and  the  House  Of  Representatives  of  the
Philippines in Congress assembled:
SECTION 1. Short Title. -This Act shall be known as the "Food
Surplus Reduction Act."
SECTION 2. Declaration of Policy. - The State recognizes that
each  person  has  a  right  to  an  adequate  standard  of  living,  including
sufficient, safe, quality, and nutritious food. It is hereby declared a policy
of the State to attain food security, end hunger, and promote the efficient
use of the country's food resources. The considerable number of people
going hungry daily is a breach of a human right that this Act intends to
address and correct, and the massive amount of food surplus presents an
opportunity for the State to address hunger and its efforts on quality of life
of the underprivileged.
Towardthisend,theStateshalladoptasystemtopromote,facilitate,
and  ensure  the  reduction  of  food  waste  through  redistribution  and
recycling.  The  State  shall  likewise  implement  measures  to  make  it
mandatory to donate edible food surplus for charitable purposes.
SECTION 3. Derlnition of Terms. - As used in this Act:
a) Edible food surplus refers to excess food or surplus food in the
retailandconsumptionstages,determinedtobefitforhumanconsumption
based on the  standard or policy  set  by  the National  Nutrition  Council
(NNC) and the Fbod and Drug Administration (FDA);


b) Food insecure refers to persons or group of persons who have no
means and/or have difficulty producing or purchasing fnd;
c)  Food surplus reduction refers to the decrease of food  surplus
through  the  redistribution of food  surplus  to  the food  insecure  or  the
recycling of food as fertilizer or compost;
d) Food-related businesses refers to public and private businesses
involved in the manufacturing and processing of food products, private
businesses involved in  the  wholesaling  and  retailing  of food products,
private   businesses   involved   in   serving   food   products,   and   private
institutions offering courses in the art and science of preparation, cooking
and presentation of food;
e) food banks refer to non-profit, charitable or other social mission-
oriented  organizations  that  collect  donations  of edible  fhod  items  and
distribute them to the food insecure;
f) Inedible food surplus refers to food discarded in the retail and
consumption stages, determined to be unfit for human consumption based
on  the  standard  or  policy  set  by  the  NNC  and  the  FDA,  including
prepackaged food products that have gone beyond their declared expiry
dates.
SECTION  4.  Covered  Establishments.  -  The  establishments
covered by this Act are as follows:
a) Food manufacturers, notwithstanding any restriction imposed by
any existing law and regulation on food manufacturers: Provided, That any
donationmadebysuchmanufacturersundertheprovisionsofthisActshalI
constitute an exception to the applicability of restrictions under existing
laws and regulations;
b) food establishments (restaurants, cares, diners, fast food chains
or hotels);
c) Supermarkets with at least five hundred (500) square meters of
selling space; and
d) Culinary schools which offer culinary, baking and pastry courses
with at least fifty (50) students.


SECTION 5. Determination of Food Insecure. - The criteria for
the determination of food insecure, will be made by the Department of
Social  Welfare  and  Development  (DSWD),  in  coordination  with  local
government units (LGUs).
SECTION  6.  National  Zero-Food  Waste  Campaign.  -  The
National  Nutrition Council (NNC) , in close coordination with the DSWD ,
Department of Interior and Local Government (DILG),   Department of
Environment and Natural Resources (DENR) , Department of Education
(DepEd),  Department Of Trade  and Industry  (DTI),  the  Department  of
Health   (DOH),   Department   of   Science   and   Technology   (DOST),
Department of Agriculture (DA), other concerned agencies and LGUs,
shall undertake a National Zero-Food Waste Campaign to raise awareness
on  the  impact of food  surplus  and  strategies  to  decrease  wasted food
starting at the household level. The campaign shall also promote the food
surplus reduction hierarchy, and recommend means of reducing individual
fnd waste.
To educate the younger generation, the DepEd shall have the duty to
ensure that the prescribed curriculum includes informative materials on the
following:
a) Current global and national food waste situation;
b) Ways to minimize food surplus;
c) National and local food surplus prevention programs;
d) Fnd reeovery; and
e) Pertinent provisions of this Act.
SECTION 7.  Edible  Food  Surplus Distribution  Steps. - The
following steps shall be followed in edible food suxplus distribution:
a) The owners of the covered establishments will  segregate their
edible and inedible food surplus;
b) To facilitate distribution, food manufacturers may opt to perform
the  segregation  Of  their  products  at  the  supermarkets  that  sell  their
products, bearing in mind the exclusion of all physically damaged food
containersuchastaintedortamishedlabelwhichmayrenderitunreadable,
dented smashed, rusted, swollen, corroded food container or any similar
condition which may render the food unsafe. For consumer protection and
consistency with the existing policy, any processed food for donation shall
have at least 12 months remaining shelf-life.


c) Before a donation is made, a duly accredited health inspector of
the LGU will check if the edible food surplus is fit for human consumption
based on the standard or policy set by the NNC and the FDA;
d) Upon determination and certification that the edible food surplus
is fit for consumption, the edible fhod surplus will be donated to accredited
food banks as determined by the DSWD; and
e)  Food banks, in coordination with the DSWD and LGUs, will
distribute the edible food surplus to the food insecure.
SECTION    8.    Food-related    Business    Surplus    Reduction
Strategy.   -   The   owners   of  food-related   businesses   such   as   food
manufacturers, supermarkets, restaurants, cafeterias , culinary schools and
hotels shall:
a)   Submit  their  respective  reports   to  the  DSWD  and  DENR
containing data on the amount (in tons) of its edible and inedible food
surplus,organizedaccordingtothemannerofdisposal,includingdonation
composting, or discarding;
b) Enter into a contract with food banks to redistribute edible food
surplus to the food insecure;
c)  Ensure  that  edible food  surplus  is  unadulterated  and  in  good
condition upon arrival at the food bank' s distribution center; and
d)   Enter  into  contract  with  waste  management  and  recycling
enterprises to recycle inedible food surplus.
SECTION 9. National Food Surplus Scheme. - The DSWD, as
thecoordinatingagencybetweenthefoodbusinessesandfoodbanks,shall:
a) Provide guidelines and standards for the collection, storage, and
distribution of edible food donated to food banks.
b) Ensure that food businesses have entered into contracts with food
banks and issue acceptance certificates to food businesses.
c) Ensure that food banks have adequate and appropriate storage for
the edible food surplus especially the highly perishable food;
d)  Promote linkages  between  food  banks  and  LGUs  to  create  a
community-based food distribution system for the food insecure; and


e)  Create  a  Self-Sufficiency  Program  that  will  provide the food
insecure  with  skills  training  in  managing  food  banks  and  livelihood
programs to avoid the dependence on donation solely.
SECTION  10.  Responsibility  of  LGUs  in  Waste  Reduction
Strategy - LGUs are hereby required to:
a)  Submit a report that contains data on the amount (in tons)  of
inedible food surplus that can be recycled as raw materials for fertilizers or
compost, livestock feed or sources of biofuel to the DA and DENR;
b)  Initiate  a  waste  segregation  effort  per  household,  ensuring
inedible food surplus are not mixed with garbage otherwise garbage found
with food waste will not be collected;
c)  Shoulder  the  cost  of transporting  inedible  food  surplus  from
collection areas to waste management sites.
d)  Enter  into  contract  with  waste  management  and  recycling
enterprises  to  recycle  inedible  food  waste  into  fertilizer  or  compost,
livestock feed or sources of biofuel; and
e) Facilitate the distribution of fertilizer or compost to farms and
community gardening associations.
SECTION 11. Training of Sanitary Inspectors. - The NNC shall ,
in coordination with the University of the Philippines College of Public
Health  and  LGUs,  conduct  regular  trainings  on  the  proper  handling,
collection,  distribution  and  determination  of  edible  and  inedible  food
surplus which includes microbiology, parasitology of food contaminant
and the standards for the classification of food quality.
SECTION 12. Liability Protection. - To protect the food donors
from possible abuses, and encourage donations, the liability of owners of
the  food-related  businesses  is  limited  only  to  the  time  that  they  have
possession  of  the  food  surplus.  Once  a  donation  is  received  by  the
accredited food banks and/or farms, the owners shall be exempt from any
liability or injury arising therefrom.
SECTION 13. Prohibition of Selling Edible and Inedible Food
Surplus. - The reselling of donated edible and inedible food surplus is
strictly  prohibited. The penalty of pr!.so7z #z¢yor shall be imposed upon


anyone caught reselling donated food surplus. If the offender is a juridical
entity, the responsible officers will be held liable for said violation.
SHCTI0N 14. Penal Provisionsmenalties. - The penalty of a fine
amounting to Five hundred thousand pesos (P500,000) shall be imposed
upon  any  individual,  private  or  public  entity,  who  makes  edible  food
surplus unfit for human consumption. The same penalty is applicable to
private or public persons or entities who prevent the redirection of edible
fded surplus to food banks or inedible food surplus to waste management
and recycling enterprises. The fines shall be imposed as follows:
First time offenders
Second time offenders
Third time offenders
Fourth time offenders
Fifth time offenders
SECTION 15. Supervision. -
One million pesos (P1,coo,000.00)
One million five hundred thousand
pesos (Pl goo,000.00)
Two million pesos (P2,000,000.00)
Three million pesos
(P3,000,OcO.00)
Five million pesos (P5,000,000.cO)
The NNC, in coordination with the
DSWD, shall supervise the enforcement and implementation of this Act.
SECTION 16. Implementing Rules and Regulations. -   Within
sixty (60) days from the effectivity of this Act, the NNC, in coordination
with DSWD, DILG, DENR, DOST, DepRI and DOH shall promulgate the
necessary rules and regulations for the effective implementation of this
Act.
SECTION  17.  Separability  Clause.  -  If  any  provision  or  part
hereof is held invalid or unconstitutional, the remainder of the law or the
provision not otherwise affected shall remain valid and subsisting.
SECTION  18.   Repealing Clause. - All other laws, presidential
decrees or issunnces , executive orders , letters of instruction, administrative
orders, rules and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed, modified or amended accordingly.
SECTION  19.  Effectivity  Clause.  -  This  Act  shall  take  effect
fifteen (15) days after its publication in the Official Gazette or in two (2)
newspapers of general circulation.
Approved,