REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3849
HOUSE BILL NO. __

Introduced by Representative TYRONE D AGABAS

EXPLANATORY NOTE

This bill seeks to reduce food waste through food donations and
food waste recycling in the country. This bill has already been approved
by the House of Representatives on its 3"! and final reading in the 17%
Congress. It is however necessary that this bill be filed due to its
importance in strengthening food security and in lowering the incidence
of “involuntary hunger” in the country.

The State values the dignity of every human person and guarantees
full respect for human rights (Section 11, Article Il, 1987 Constitution).
The State shall also foster food production and food security.

Food waste refers to food that is good quality and fit for
consumption, but does not get consumed because it is discarded — either
before or after it is left to spoil. The prevalence of food waste is alarming
vis-a-vis the high rate of involuntary hunger in the country.

In the Social Weather Survey conducted on the First Quarter of
2019 (March 28-31, 2019), it was found out “that 9.5% or an estimated
2.3 million families experienced involuntary hunger at least once in the
past three months. The measure of Hunger refers to involuntary suffering
since the survey question specifies that the hunger experienced was due
to lack of food to eat. The Hunger rate in March 2019 is one percentage
point lower than the 10.5% (est. 2.4 million families) in
December 2018.” The data on the estimated 2.3 million families suffering
involuntary hunger is very disturbing. Alongside the effort of the
Department of Agriculture to advance food security in conjunction with
other allied agencies, there is a need to take up a parallel legislative


measure that would reduce, if not totally eradicate, food waste in the
country.

‘Through this legislative measure, food donations and food waste
(recycled) will be certified as fit for consumption and will be donated to
food banks which will distribute them to persons who have no means
and/or have difficulty producing or purchasing foods in coordination
with the Department of Social Welfare and Development and Local
Government Units.

Approval of this bill is earnestly sought.

RONE D. AGABAS
Representative
6‘ District, Pangasinan


Republic of the Philippines
HOUSE OF THE REPRESENTATIVE
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3849
HOUSE BILL NO.

Introduced by Representative TYRONE D. AGABAS

AN ACT

REDUCING FOOD WASTE THROUGH FOOD DONATIONS AND FOOD

WASTE RECYCLING

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
“Food Waste Reduction Act”.

SEC. 2. Declaration of Policy. - The state recognizes that each
person has a right to an adequate standard of living, including
sufficient, safe 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 correct and the massive amount of food
waste produced presents an opportunity for the State to address
hunger and its efforts on the quality of life of the underprivileged.

Towards this end, The State shall adopt a system to promote,
facilities 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.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Edible food surplus refers to excess food or surplus food in
the retail and consumption stages, determined to be fit for
consumption based on standards set by the National
Nutrition Council (NNC) and Food and Drug
Administration(FDA);

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(b) Food insecure refers to persons or groups of persons who
have no means and/or have difficulty producing or
purchasing food;

(c) Food surplus reduction refers to the decrease in food
surplus generation, the redistribution of food surplus to the
food insecure or the recycling of food as fertilizer or compost;

(d) Food-related business refers to public and_ private
businesses as involved in the manufacturing and processing
of food products, private business involved in the wholesaling
and retailing of food products, private business 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 distribute food to the
food insecure; and

() Inedible food surplus refers to food discarded in the retail
and consumption stages, determined to be unfit for
consumption based on the standards set by the NNC and
FDA, including but not limited to prepackaged food products
that have gone beyond their declared expiry dates.

SEC. 4. Covered Establishments. — The establishments covered by
this Act are as follows:

(a) Food manufacturer, notwithstanding any restriction
imposed by any existing law and regulation on food
manufacturers:

Provided, That any donation made by such
manufacturers under the provisions of this Act shall
constitute an exception to the applicability of restrictions
under existing laws and regulations;

(b) Food establishments (restaurants, cafes, 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.

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SEC. 5. Determination of Food Insecures. — The criteria for the
determination of food insecures will be made by the Department of
Social Welfare and Development (DSWD), in coordination with the
local government units (LGU’s).

SEC. 6. National Food Surplus Campaign. - The NNC, in close
coordination with the DSWD, Department of the Interior and Local
Government (DILG), Department of Environment and Natural
Recourses (DENR), Department of Education (DepEd), Department
of Trade and Industry (DTI), Department of Health (DOH),
Department of Science and Technology (DOST), Department of
Agriculture (DA), FDA, other concerned agencies and LGU’s, shall
undertake a National Food Surplus 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 food 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 food surplus prevention programs;

(d) Food recovery; and

(c) Pertinent provision of this Act.

SEC. 7. Edible Food Surplus Distribution Steps. — The following
steps shall be followed in edible food surplus distribution:

(a) The owners of the covered establishments will segregate
their edible and inedible food surplus;

b) The facilitate distribution, food manufacturers may opt to
perform the segregation of their products at the supermarket
that sell their products;

(c) Before a donation is made, a duly accredited health
inspector of the LGU will check if the edible food surplus is fit
for consumption based on the standards set by the NNC and
FDA;

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(d) Upon certifying that the edible food surplus is fit for
consumption, the edible food surplus will be donated to
accredited food banks , as determined by the DSWD; and

(e) Food banks, in coordination with the DSWD and LGU’s,
will distribute the edible food surplus to the food insecure.

SEC. 8. Food-related Business Waste 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, organized according to the manner of
disposal, including donation, composting, or discarding;

(b) Enter into a Correct with food banks to redistribute edible
food surplus to the food insecures; and

(c) Ensure that edible food surplus is unadulterated and in
good condition upon arrival at the food bank’s distribution
center, in accordance with standard set by the NNC and FDA.

SEC. 9. National Food Surplus Scheme. - The DSWD, as the
coordinating agency between food businesses and food banks,
shall:

(a) Provide guidelines and standards for the collection,
storage, and distribution of edible food donated for food
banks;

(b) Ensure what food businesses have entered into contracts
with food banks and issue acceptance certificates to food
businesses;

(c) Ensure that food banks have adequate storage for edible
food surplus;

(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

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and livelihood programs to avoid the dependence on donation
solely.

SEC. 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 to the DENR in
accordance with the standard set by it;

(b) Initiate waste segregation efforts per household through
local campaigns;

(c) Shoulder the cost of transporting inedible food surplus
from the 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; and

(e) Facilitate the distribution of fertilizer or compost to farms
and community gardening associations.

SEC. 11. Accreditation and Training of Health Inspectors. — The
DOH, in coordination with the FDA, shall conduct seminars and
provide adequate training to LGU health inspectors regarding the
proper sorting, collection and determination of edible and inedible
food surplus.

SEC. 12. Supervision. The NNC in coordination with the DSWD,
shall supervise the enforcement and implementation of this Act.

SEC. 13. 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 has been
made to the accredited food banks and/or farms, the owner shall
be exempt from any liability and/or injury arising therefrom.

SEC. 14. Prohibition of Selling Edible and Inedible Food Surplus. —
The reselling of donated edible and inedible food surplus is strictly
prohibited. The penalty of prision mayor shall be imposed upon
anyone caught reselling donated food surplus. If the offender is a

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juridical entity, the responsible officers will be held liable for said
violation.

SEC 15. Penal Provisions/Penalties. - The penalty of a fine
amounting to Five hundred thousand pesos [Php 500,000.00] shall
be imposed upon any individual, private or public entity, who
makes edible food surplus unfit for consumption. The same penalty
is applicable to private or public persons/entities who prevent the
redirection of edible food surplus to food banks or inedible food
surplus to waste management and recycling enterprises. The fines
shall be imposed as follows:

First time offenders. Php 1,000,000.00

Second time offenders... .-Php 1,500,000.00

Third time offenders.... .-Php 2,000,000.00

Fourth time offenders...

.-Php 3,000,000.00

Fifth time offenders and up.. ..Php 5,000,000.00

SEC. 16. Implementing Rules and Regulations. - Within sixty [60]
days from the effectivity of this Act, the NNC, in coordination with
the DSWD, DILG, DENR, DOST, DepEd and DOH, shall promulgate
the necessary rules and regulations for the effective implementation
of this Act.

SEC. 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.

SEC. 18. Repealing Clause. ~ All other laws, presidential decrees or
issuances, 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.

SEC. 19. Hffectivity. - This Act shall take effect fifteen [15] days
after its publication in the Official Gazette or in a newspaper of
general circulation.

Approved,

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