Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
____________________________________________________________________ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT PROMOTING ALL RESTAURANTS, APPLICABLE FOOD 
ESTABLISHMENTS, AND FOOD-RELATED BUSINESSES TO AID FOOD 
INSECURITY AND TO PREVENT FOOD WASTAGE IN THE COUNTRY 
THROUGH A ZERO-HUNGER, FOOD RESCUE PROGRAM 
EXPLANATORY NOTE 
Sec. 12, Art. XIII of the 1987 Constitution states that “The State shall establish and 
maintain an effective food and drug regulatory system and undertake appropriate 
health, manpower development, and research, responsive to the country's health 
needs and problems.” 
Despite sustained economic growth, the Philippines suffers from widespread social, 
gender, and economic disparities. Hunger and malnutrition persist and have even 
increased in recent years. The 2020 Human Development Report by the United Nations 
Development Programme ranked the country 107th out of 189.1 
In a report published on Saturday, October 29, SWS said 11.3% of Filipino families – 
or around 2.9 million – had nothing to eat at least once in the past three months almost 
similar to the 11.6% hunger rate in June 2022.2 
This proposed measure aims that the State shall protect the people's right to food and 
right to food security and shall have due consideration to the production and success 
of its growing food industry. 
On behalf of the people of Parañaque City’s Second District, and for the common good 
of the Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
1 https://www.wfp.org/countries/philippines 
2 https://www.rappler.com/nation/hunger-rate-philippines-october-2022-social-weather-stations/ 
January 27, 2023
10:32 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
______________________________________________________________________ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT PROMOTING ALL RESTAURANTS, APPLICABLE FOOD 
ESTABLISHMENTS, AND FOOD-RELATED BUSINESSES TO AID FOOD 
INSECURITY AND TO PREVENT FOOD WASTAGE IN THE COUNTRY 
THROUGH A ZERO- HUNGER, FOOD RESCUE PROGRAM 
Section 1. Short Title. This Act shall be known as the "Zero Hunger Act." 
Section 
2. 
Declaration 
of 
Policy. 
The 
state 
must 
ensure 
that 
everyone 
has a right to adequate, safe, sufficient, and nutritious food and freedom from 
hunger. It shall also manage food staple consumption and work toward reducing 
food 
waste. 
To this end, the state shall adopt a program to promote zero hunger and lessen 
food waste through surplus food donations from restaurants and other food 
establishments. Engaging the 
food industry in a 
food 
rescue program, 
will 
not only help in alleviating hunger in the country but will also help in preventing 
wastage of food in the industry that could have served a better purpose. 
Section 
3.
Definition
of 
Terms. 
For 
this 
Act, 
the 
following 
terms 
will 
mean: 
a)
Food — an edible or potable substance (usually of animal or plant origin),
consisting of nourishing and nutritive components such as carbohydrates, fats, 
proteins, essential minerals, and vitamins, which (when ingested and assimilated 
through 
digestion) 
sustains 
life, 
generates 
energy 
and 
provides 
growth, 
maintenance, 
and 
health 
of 
the 
body. 
b)
Surplus Food —wasted excess food that is considered wholesome nutritious
food. These are not spoiled food but either unsold or 
untouched food in 
restaurants and other food establishments. These may also refer to food products 
that is left over from breakfast, lunch, or dinner service (e.g. salads, sandwiches, 
muffins and cakes), an excess of products that are close to their 'best-before' or 
'use-by' date, ingredients, and 36 finished products that fall outside of a customer 
specification, slow-moving stock or deleted lines, and products with damaged 
packaging. 
c) Food Security - exists when all people, at all times, have physical, social and
economic access to sufficient, safe, and nutritious food which meets their dietary
needs 
and 
food 
preferences 
for 
an 
active 
and 
healthy 
life.
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d) Food Insecurity - exists when people do not have adequate physical, social or 
economic 
access 
to 
food. 
 
e) Food Waste—an overarching term defined as any potential source of food that 
has knowingly been discarded or destroyed. These include food discarded in 
factories, food not sold in shops or restaurants (or surplus food), kitchen scraps, 
and 
plate 
waste. 
f) Food Rescue - also called food recovery or food salvage, is gathering food that 
would otherwise go to waste from restaurants, caterers, bakeries, farmers and 
grocers and distributing it to local food banks, food pantries, emergency food 
programs 
and 
other 
nonprofit 
organizations. 
g) Unavoidable Food Waste - refers to food products lost during the consumption 
phase 
(e.g. 
banana 
peelings, 
fruit 
cores, 
etc.). 
h) Food Establishment - an establishment where food or drinks are manufactured, 
processed, stored, sold, or served. They must have a valid sanitary permit and 
health 
certificate 
issued 
by 
the 
local 
health 
authority. 
i) Food-Related Business - A business, enterprise, or activity of any nature (other 
than primary food production) that involves: the handling of food intended for 
sale, 
or 
the 
sale 
of 
food. 
j) Restaurant - food and beverage service establishment with a health certificate 
issued by the local health authority. This certificate shall be issued only after the 
required physical and medical examinations are performed and immunizations are 
administered 
at 
prescribed 
intervals. 
k) Charity/Charities - an organization set up to provide help and raise money for 
those 
in 
need. 
l) Food Banks - a non-profit organization that collects and distributes food to 
hunger-relief charities. Food banks act as food storage and distribution depots for 
smaller 
front-line 
agencies; 
and 
usually 
do 
not 
give 
out 
food 
directly 
to 
people 
struggling 
with 
hunger. 
m) 
Non-Profit Organizations 
- 
The 
term 
"non-profit organization" means 
an 
an 
incorporated 
or 
unincorporated 
entity 
that: 
i. 
is 
operating 
for 
religious, 
charitable, 
or 
educational 
purposes; 
and 
ii. does not provide net earnings to or operate in any other manner that inures to 
the 
benefit 
of, 
any 
officer, 
employee, 
or 
shareholder 
of 
the 
entity. 
n) 
Donation 
- 
something 
which 
someone 
gives 
to 
a 
charity 
or 
other 
organization. 
 
Section 
4. 
Zero 
Hunger, 
Food 
Rescue 
Program 
for 
Restaurants, 
Food 
Establishments, 
and 
other 
Food-related 
businesses 
The Food Rescue Program is banked on the premise of promoting food security 
through reducing food waste. In this regard, all duly-registered restaurants, food 
establishments and other food-related businesses shall be subject to a Food 
Rescue Program wherein they shall donate surplus food to chosen food banks, 
charities, and non-profit organizations. The program shall adhere to strict safety 
standards to protect ultimate beneficiaries and help establishments determine and 


3 
lessen the generation of food waste and surplus food to make production more efficient. 
lt shall be under the purview of the Committee in Section 7 of this Act. 
Section 5. Establishment of an Inter-agency Committee for the Food Rescue 
Program. 
An 
inter-agency 
committee 
led 
by 
the 
National 
Nutrition Council 
(Department of Health) and other representatives from the Department of Social 
Welfare and Development, Department of Trade 
and Industry, Department of 
Environment 
and 
Natural 
Resources, 
Bureau 
of 
Internal 
Revenue, 
Local 
Government Units, as well as chosen representatives from the food industry, will 
be established upon the effectivity of this Act. They shall be in charge of 
implementing the provisions of this Act, including management and oversight of 
the Program, and other concerns that may arise. The committee shall have the 
following 
functions: 
a) 
Assess 
and evaluate 
production and 
surplus food 
generation audits of 
restaurants, food establishments, and other food-related businesses and determine 
capacities and capabilities of these entities to donate or manage food waste and to 
lessen 
surplus 
food. 
b) Develop guidelines, health and safety standards for surplus food that are fit for 
donations 
and 
its 
collection, 
storage, 
and 
distribution 
of 
such. 
c) Provide criteria for accreditation and determine the credibility of institutions and 
foundations that 
can 
receive 
food 
donations 
from 
food 
establishments 
for 
distribution to 
ultimate 
beneficiaries; they 
shall 
accredit 
these 
food 
banks, 
charities, and other non-profit organizations that are deemed to be fit under the 
standards 
provided. 
d) Review donation reports in terms of quantity, quality, cost, and value of 
donated goods from 
establishments to 
their chosen beneficiaries (which are 
selected 
from 
the 
accredited 
institutions 
of 
the 
Committee). 
e) 
Determine 
possible 
tax 
deductions 
that 
may 
apply 
to 
food 
establishments 
in 
terms 
of 
their 
donations. 
f) Oversee 
and determine the appropriate system 
for donations to non-profit 
organizations 
and 
other 
beneficiaries. 
g) Develop and promulgate the Implementing Rules and Regulations of this Act. 
h) Manage any other concerns that may arise under this Act. 
 
Section 6. Duties of Food Establishments. The establishments covered under this 
Act shall submit an initial surplus food audit to the Committee under Section 5 of 
this Act to determine processes that generate surplus food. These establishments 
shall donate a portion or all its surplus food either daily or weekly to beneficiaries 
accredited and approved by the Committee. Donated food should be subject to the 
standards of the National Nutrition Council which shall be developed through the 
A committee under Section 5 of this Act. In donations, the establishment shall 
report to the Committee on the contents and quality of donation to its chosen 
beneficiary. The prescribed format, details, and information needed in this report 
shall be duly stated in the Implementing Rules and Regulations of this Act. 
 
Section 
7. 
Liabilities 
of 
Food 
Establishments. 
The 
restaurant 
and 
other 


4 
establishments under this Act shall not be subject to civil or criminal liability 
from the donated food and/or surplus food that have been subject to the standards 
of the National Nutrition Council before its donation in good faith to a non -profit 
organization, food bank, church, or charity. However, the former does not apply to 
the death and injury of ultimate recipients of such donations from an act or 
omission 
of 
persons 
or 
establishments, 
as 
applicable, 
constituting 
gross 
negligence and/or intentional 7 misconduct. This shall be penalized as prescribed 
under Section 1 of this Act. 
Section 8. Duties of food banks, Charities, and other Non-Profit Organizations. 
Food Banks, charities, foundations, and other non-profit organizations shall be 
accredited and proved fit under the standards provided by the Committee under 
Section 5 of this Act before these entities can receive donations from food 
establishments. Donated goods received by these entities shall not be distributed 
for sale. Such act shall be penalized as prescribed under Section 1 of this Act 
 
Section 
9. 
Liabilities 
of 
Food 
banks, 
Charities, 
and 
other 
Non-Profit 
Organizations. The entities under this Act shall not be subject to civil or criminal 
liability from the donated food and/or surplus food that have been subject to the 
standards of the National Nutrition Council before its donation that have been 
received in good faith. However, the death and injury of the ultimate recipients of such 
donations from an act or omission of persons, establishments, or organizations, as 
applicable, constituting gross negligence and/or intentional misconduct shall be 
penalized as prescribed under Section 1 of this Act. 
 
Section 10. Certification and Tax Deductions. Restaurants, food establishments, 
and other food-related businesses that have complied with the provisions of the 
Food Rescue Program under this Act shall receive tax deductions and certification 
of 
compliance: 
a) 
Food 
Rescuer 
Certificate: 
Restaurants, 
food 
establishments, 
and 
other 
food-related businesses shall be recognized and certified as "Food Rescuers" 
under the Food Rescue Program. This distinction shall be awarded to deserving 
establishments that have donated food regularly, complied with the provisions of 
this Act, and lessened surplus food production and food waste within five (5) 
years of the Program's effectiveness. This shall be determined by the Committee 
under 
Section 
5 
of 
this 
Act. 
b) Tax Deductions: The value of donations by restaurants, food establishments, 
and other food-related businesses made by food establishments may be claimed as 
tax deductions from the gross taxable income of said entities. This shall be 
determined by the Committee under Section 5 of this Act. 
 
Section 11. Penal Provisions. The following are the imposed penalties for those in 
violation 
of 
the 
Act 
herewith: 
1. 
Gross 
negligence and/or 
intentional misconduct 
in 
handling, preparation, 
and/or distribution of donated goods to persons, establishments, or organizations, 
that 
resulted 
in 
the 
death 
or 
injury 
of 
ultimate 
recipients. 


5 
a) Injury: shall be penalized by imprisonment of one (1) year to five (5) years and 
a fine of not less than three hundred thousand pesos (PhP300,000.00) but not 
more 
than 
five 
hundred 
thousand 
pesos 
(Php 
500,000.00). 
b) Death: shall be penalized by imprisonment of five (5) years to fifteen (15) 
years and a fine of not less than five hundred thousand pesos (PhP 500,000.00) 
but 
not 
more 
than 
five 
million 
thousand 
pesos 
(Php 
5,000,000.00). 
2. Repacking and distributing for sale of food, and other goods intended for 
donation. Such act shall be penalized by imprisonment of one (1) year to three (3) 
years and a fine of not less than fifty thousand pesos (PhP 50,000.00) but not 
more than two hundred thousand pesos (Php 200,000.00). 
3. Deliberately contaminating or any other act towards making food waste unfit 
for consumption and donation, Such act shall be penalized by imprisonment of one 
(1) year to three (3) years and a fine of not less than one hundred thousand pesos 
(PhP100,000.00) 
but 
not 
more 
than 
three 
hundred 
thousand pesos 
(Php 
300,000.00). 
4. Redirecting or preventing such donations to reach intended recipients Such an act 
shall be penalized by imprisonment of six (6) months to two (2) years and a fine 
of not less than fifty thousand pesos (PhP 50,000.00) but not more than one 
hundred thousand pesos (Php 100,000.00). 
 
Section 12. Fund Sources. The amounts necessary to implement this Act shall be 
included in the General Appropriations Act 
Section 
13. 
Implementing 
Rules 
and 
Regulations 
Within 
ninety 
(60) 
days 
from 
the 
effectivity 
of 
this 
Act, 
the 
Committee, 
in consultation 
with 
appropriate government agencies and other stakeholders shall promulgate the 
necessary rules and regulations to implement this Act. 
 
Section 14 Separability Clause. If, for any reason or reasons, any part of the 
provision of this Act shall be held to be unconstitutional or invalid, other parts or 
provisions hereof which are not affected thereby shall continue to be in full force 
and effect. 
 
Section 15. Repealing Clause. All laws, decrees, orders, rules, and regulations, or 
parts thereof, inconsistent with the provisions of this Act are hereby repealed, 
amended, or modified accordingly. 
 
Section 16. Effectivity Clause. This Act shall take effect after fifteen (15) days 
following its publication in the Official Gazette and at least two (2) newspapers of 
general circulation. 
 
Approved,