HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 3342

Introduced by Rep. Bernadette Herrera-Dy

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

One of the Sustainable Development Goals is zero hunger by 2030. Zero hunger also aims to
reduce production of food waste. Although, the World Food Programmecontinuouslystated that
“there is enough food in the world to feed everyone and no scientific breakthroughs are
needed,” still; one in every seven people in the world go hungry and more than 20,000 children
under the age of 5 die from hunger daily (FAO, 2011).While another report by the Food and
Agriculture Organization (FAO) in 2013shows that 1.3 billion tons of food is lost each year.

In the Philippines, 2.7 million Filipino families experience involuntary hunger at least once in
three months (SWS, 2017). In the span of 1999-2014, the number of Filipino families who rated
themselves as hungryrose from 8.3% to 18.3% (SWS, self-hunger survey). According to the
2015 Global Food Security Index (GFSI), the country ranked 72nd out of 109 countries when it
comes to food security. The index also rated the country’s efforts against food insecurity as
"moderate performance."Despite food insecurity, 2,175 tons of food scraps in Metro Manila end
up in trash bins daily (PIDS, 2017).Food scrapsare inevitable, but a lot of food waste is still
edible (Moyer, 2012).It is arguedthat traditional consumption and production processes in the
local dining industry contribute greatly to the country's food waste problem.

Furthermore, many Filipinos suffer from lack of food or poor diets, despite rising food availability
because of inadequateaccess to food due to high poverty and low income (WFP, 2017). In the
country’s poverty-stricken areas, people resort to “pagpag” to feed their hungry stomachs.
Pagpag refers to food scraps that are scavenged from garbage, recooked, and served as a new
meal for families. To an extent, many call this as “the food of the poor.” According to a CNN
report (2012), these food scraps are sold for as low as 20 pesos per bag to poor families in
Manila, Despite the warnings of health professionalsagainst the dangers of eating pagpag,
people continue to undermine the gross effect in order to fill their stomachs. The National Anti-
Poverty Commission (NAPC) has warned that eating recycled food severely compromises
children’s nutrition, and food-related diseases may appear later in life. However, this “industry”
thrive until this day. In this regard, it is the duty of the government to provide safe and adequate
food for its citizens. It must take active measures to improve the country's food security and
discontinue risky practices that are detrimental to its people.

In 2015, the Philippines has renewed their commitment to pursuesustainable development
through a common, integrated and inclusive agenda in next 15 years. The adoption of the 2030
Agenda for Sustainable Development promised that “no one will be left behind.” Thus, it is
imperative for the state to ensure that alll citizens to have good food on their plates, regardless
or social class. There should be no “food of the poor’ but “food for all.As “pagpag” and other
food scraps come from wastes of restaurants, and other food establishments in the Philippines,
it is only necessary for them to be part of the solution. According to APEC meeting on Food
Security (2015), most companies in the Philippine food industry lose money because around 33
percent of food production goes to waste. According to Resource Efficient Scotland (2017), the
amount of food a business throws away is one indicator of the efficiency of the
business.Additionally, food waste can be reduced through preventing waste at source,
donatingfood to people in need, or diverting of excess food for composting or other industrial
uses Wasted surplus or excess food are still edible and considered wholesome nutritious food
(EPA, 2017). In this regard, such surplus food can be audited, managed, and utilized to aid food

rity in the enwintry



The Zero Hunger, Food Rescue Program's aim is to engage the food industry in helping reach
zero hunger and in turn help food establishments manage production surplus and
waste.Through the donation of excess or surplus food of establishments, hungry Filipinos are
able to have safe and quality food and establishments can increase productivity, save waste
disposal costs, and uphold its environmental goals. The Program shall also adhere to strict
safety standards to protect its citizens.

Through this measure, the state shall uphold its 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.

In view of the foregoing, the immediate passage of this measure is eamestly sought.

BERNADETTE HERBRRA-DY


HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

3342
HOUSE BILL NO.

Introduced by Rep. Bernadette Herrera-Dy

AN ACT PROMOTING ALL RESTAURANTS, APPLICABLE FOOD ESTABLISHMENTS,
AND FOOD-RELATED BUSINESSESTO 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.\t is the duty of the state toensure that everyone has a right to
adequate, safe, sufficient, and nutritious food and to freedom from hunger. It shall also manage
food stapleconsumption and work towards reducing food waste.

To this end, the state shall adopt a program to promote zero hunger and to lessen food waste
through surplus food donation of restaurants and other food establishments. By engaging the
food industry in a food rescue program, it 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 the purpose of 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
mineral 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 are 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 are 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
finished products that fall outside of a customer specification, slow-moving stock or
deleted lines, and products with damaged packaging.

©) 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.

Food Insecurity - exists when people do not have adequate physical, social or

economic access to food.

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.

Unavoidable Food Waste - refer to food products lost during the consumption phase

(eg. 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 on any nature (other than
primary food production) that involves: the handling of food intended for sale, or the sale
of food.

i) 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.

Charity/Charities - an organization set up to provide help and raise money for those in

need.

1) Food Banks - is 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 themselves give out food directly to people struggling
with hunger.

m) Non-Profit Organizations - The term “non-profit organization” means an incorporated
or unincorporated entity that:

i. is operating for religious, charitable, or educational purposes; and
ji. | 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 - is 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

k)

The Food Rescue Program is banked on the premise of promoting food security through
reducing food waste. In this regard, allduly-registeredrestaurants, food establishments, and
other food-related businessesshall 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 standardsto protect ultimate beneficiaries and help establishments
determine and lessen generation food waste and surplus food to make production more
efficient.It 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 lead 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 Intemal Revenue,
Local Government Units, as well as chosen representatives from the food industry will be
established upon 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 concems 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.

Develop guidelines, health and safety standards for surplus food that are fit for donations

and its collection, storage, and distribution of such.

¢) Provide criteria for accreditation and determine credibiltyof 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.

Review donation reports in terms of quantity, quality, cost, and valueof 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 be applicable 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) Developand promulgate the Implementing Rules and Regulations of this Act.

h) Manage any other concems that may arise under this Act.

Section 6. Duties of Food Establishments.

The establishments covered under this Act shall submit an initialsurplus food audit to the
Committeeunder 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 Councilwhich shall be developed through the Committee
under Section 5 of this Act. In donations, the establishment shall report to the Committee of 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.

b)

d)



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Section 7. Liabilities of Food Establishments. The restaurant and other establishmentsunder
‘this Act shall not be subject to civil or criminal liability from the donated food and/orsurplus food
that have been subject to the standards of the National Nutrition Council before its donationin
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 to gross negligence and/or intentional
misconduct. This shall be penalized as prescribed under Section 11of this Act.

Section 8. Duties ofFood banks, Charities, and other Non-Profit Organizations.Foodbanks,
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
are able to 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
11of this Act

Section 9. Liabilities of Food banks, Charities, and other Non-Profit Organizations. The
entitiesunder 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, death and injury of ultimate recipients
of such donations from an act or omission of persons, establishments, or organizations, as
applicable, constituting to gross negligence and/or intentional misconduct shall be penalized as
prescribed under Section 1 1of this Act.

Section 10. Certification and Tax Deductions. Restaurants, food establishments, and other
food-related businesses who have complied with the provisions of the Food Rescue Program
under this Act shalll 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 effectivity.
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 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 of those in violation of
the Act herewith:

4. Gross negligence and/or intentional misconduct in handling, preparation, and/or
distribution of donated goods of persons, establishments, or organizations, that resulted
to death or injury of ultimate recipients.

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 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



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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,