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Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 4675

INTRODUCED BY Hon. John Marvin “Yul Servo” Nieto and Hon. Edward Vera Perez Maceda

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. Its 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.

AV Be "NIETO
REPRESE! wigs [STRICT OF MANILA

EDWARD VERA PEREZ MACEDA
REPRESENTATIVE, 4” DISTRICT OF MANILA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4675

House Bill No.

INTRODUCED BY Hon. John Marvin “Yul Servo” Nieto and Hon. Edward Vera Perez Maceda

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.

c. “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 stil 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.


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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 (!) 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 afer its publication in the Official Gazette or in
a newspaper of general circulation.

Approved,