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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BLL No. __ 4203

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

This bill seeks to provide for the mandatory donation of all surplus or left over but
still edible foods to charitable institutions and foundations by all restaurants, hotels,
supermarkets, fast food chains and other similar food establishments, and providing
penalties for violation thereof.

The Philippine chronic mainutrition rate among children aged 0-2 was at 26.2%, the
highest in 10 years, according to a recent survey by the Food and Nutrition Research
Institute (FNRI) of the Department of Science and Technology (DOST). Malnutrition
in the country has resulted in childhood stunting - the most prevalent kind of
undernutrition which has permanent effects on a child's growth and development.
The result from this is that members of the workforce who experienced childhood
stunting have lower income levels. In addition, child deaths result in a loss of income
for both the family and the country.

More than 26 million Filipinos remain poor with almost half, or a little more than 12
million, living in extreme poverty and lacking the means to feed themselves,
according to official government statistics for the first semester of 2015.

It is then the duty of the State to promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all. It is
incumbent upon the government to make sure that its citizens will be afforded a
lifestyle that will enable them to enhance their capabilities to the end of helping the
country.

In view of the foregoing, approval of this bill is highly recommended.

JOHN IN “WL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. e203

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT
MANDATING THE DONATION OF ALL SURPLUS OR LEFT OVER BUT STILL
EDIBLE FOODS TO CHARITABLE INSTITUTIONS AND FOUNDATIONS BY ALL
RESTAURANTS, HOTELS, SUPERMARKETS, FAST FOOD CHAINS AND OTHER
SIMILAR FOOD ESTABLISHMENTS AND PROVIDING PENALTIES FOR
VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title - This Act shall be known as the "Mandatory Food Surplus
Donation Act of 2016.

SEC. 2. Declaration of Policy - It shall be the policy of the State to alleviate
national poverty and reduce food wastage. As such, the State shall implement
measures to make it mandatory to donate surplus but still edible food for charitable

Purposes.

SEC. 3. Definition of Terms - For Purposes of this act, the following terms shall
mean as follows:

a. “Donate” is to dispose of an apparently edible food in favour of another. It includes
the giving by one person or entity to another person or entity, of an edible food fit
for human consumption for charitable Purposes.

b. “Edible Food” refers to any raw, cooked, Processed, baked, roasted or prepared
edible substance, ice, beverage, or ingredient used or intended for use in whole or
in part for human consumption. This does not include food left by the costumers
which in for or in part be capable of consuming.

¢. “Charitable purposes” refers to philanthropic, humanitarian and non-profit
objectives, including the benefit of the poor, needy, sick, prisoners, orphans and
those others similarly situated.

SEC. 4. Mandatory donations - It is hereby provided that all supermarkets,
restaurants, hotels, fast food chains and other food establishments shall donate all
of its surplus or left-over but still fit for human consumption foods to accredited
charitable institutions and foundations.

SEC. 5. Accreditation - To ensure effective and sustained inter-agency and multi-
sectoral coordination, all charitable institutions and foundations shall be accredited
with the Department of Social Welfare and Development, who shall serve as the


main accreditation agency together with the Philippine Red Cross as auxiliary for the
implementation of this Act.

SEC. 6. Liability for damages from donated foods - All supermarkets,
restaurants, hotels, fast food chains and other food establishments, or any person
whether natural or juridical shall not be subject to any civil or criminal liability arising
from the nature, age, packaging, or condition of apparently edible food that were
donated in good faith for charitable purposes.

SEC. 7. Repealing Clause - All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly, Republic act No. 98.03 is hereby repealed.

SEC. 8. Implementing rules and regulations - Within ninety (90) days from the
approval of this Act, the Secretary of Health in coordination with the Secretary of
Social Welfare and Development together with the Philippine Red Cross shall issue
rules and regulations for the effective implementation of this Act.

SEC.9. Penal provision - Any person or corporation who violates any of the
Provisions of this Act shall be punished with imprisonment of at least six (6) months
and one (I) day but not more than six (6) years or a fine of at least Ten Thousand
Pesos (P10, 000.00) but not more than One Hundred Thousand Pesos (P100,
000.00) at the discretion of the court.

If the offender is a juridical person, corporation or association, the President and
the Managers of said corporation and association, or its agent or representative in
the Philippines, in case of a foreign corporation or association, shall be liable.

SEC. 10. Effectivity - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,