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 REDUCING WASTAGE BY DONATING AND RECYCLING 
EXCESS EDIBLE FOOD 
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.” 
The capital region generates around 2,000 tons or 2 million kilograms of food waste 
daily, according to 2017 data from the Philippine Institute of Development Studies. 
"Based on our available sources coming from the study of the Department of 
Environment and Natural Resources (DENR), majority of our municipal solid waste are 
actually your biodegradable waste; around 52 percent. More than 80 percent of that 
would be food waste," WWF Soil Mate Project Manager Melody Melo-Rijk said.1 
This is one of the biggest ironies in our country. Millions of Filipinos struggle to eat 
everyday because of poverty. However, our country generates 2 million kilograms of 
food waste daily. This proposed measure aims to reduce food waste in the Philippines. 
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.pids.gov.ph/details/news/in-the-news/food-wasted-by-the-tons-while-millions-of-filipinos-go-
hungry 
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 REDUCING WASTAGE BY DONATING AND RECYCLING 
EXCESS EDIBLE FOOD 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the "Food Surplus 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, quality 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 address 
and correct and the massive amount of food surplus presents an opportunity for the 
State to address hunger and its efforts on quality of life of the underprivileged. 
Toward this end, the State shall adopt a system to promote, facilitate and ensure the 
reduction of food surplus 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 human consumption based on
the 
applicable 
standards 
of 
food 
quality 
and 
safety;
b)
Food banks refer to non-profit, charitable or other social mission-oriented
organizations that collect donations of edible food items and distribute them
to 
the 
food 
insecure;
c)
Food insecure refers to persons or groups of persons who have no means
and/or 
have 
difficulty 
producing 
or 
purchasing 
food;
d)
Food surplus reduction refers to the decrease of food surplus through the
redistribution of food surplus to the food insecure or the recycling of food as
fertilizer 
or 
compost;
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e) Food-related business refers to public and private businesses involved in 
the 
manufacturing 
and 
processing 
of 
food 
products, 
private 
businesses 
involved 
in 
the 
wholesaling 
and 
retailing 
of 
food 
products, 
private 
businesses 
involved 
in 
serving 
food 
products, 
and 
private 
institutions 
offering 
courses 
in 
the 
art 
and 
science 
of 
preparation, 
cooking 
and 
presentation 
of 
food; 
and 
f) Inedible food surplus refers to food discarded in the retail and consumption 
stages, 
determined 
to 
be 
unfit 
for 
human 
consumption, 
including, 
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 
manufacturers, 
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 as long as the product to be donated has no safety and 
quality issue, no untruthful information or 
health claims 
or 
any information 
that 
can 
mislead 
the 
consumers; 
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. 
 
SEC. 5. Determination of Food Insecure. – The criteria for the determination of a 
food insecure person or group, will be made by the Department of Social Welfare and 
Development (DSWD), in coordination with local government units (LGUS). 
 
SEC. 6. National Zero-Food Waste Campaign. – The National Nutrition Council 
(NNC), in close coordination with the DSWD, Department of Interior and Local 
Government (DILG), Department of Environment and Natural Resources (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), other concerned agencies and LGUs, shall undertake 
a National Zero-Food Waste Campaign to raise awareness on the impact of a 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; 


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c) 
National 
and 
local 
food 
surplus 
prevention 
programs; 
d) 
Food 
recovery; 
and 
e) Pertinent provisions 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) 
To 
facilitate 
distribution, 
food 
manufacturers 
may 
opt 
to 
perform 
the 
segregation of their products at the supermarkets that sell their products, 
 
bearing in mind the exclusion of all physically damaged food container such 
as 
tainted 
or 
tarnished 
label 
which 
may 
render 
it 
unreadable, 
dented, 
smashed, 
rusted, 
swollen, corroded 
food 
container or 
any similar 
condition 
which 
may 
render 
the 
food 
unsafe. 
For 
consumer 
protection 
and 
consistency with the existing policy, any processed 
food for donation shall 
have 
at 
least 
12 
months 
remaining 
shelf-life; 
c) Before a donation is made, a duly trained sanitary inspector of the LGU will 
check 
if 
the 
edible 
food 
surplus 
is 
fit 
for 
human 
consumption; 
d) Upon determination that the edible food surplus conforms to the standard 
and policy, it will be donated to accredited food banks, as determined by 
the 
DSWD; 
and 
e) Food banks, in coordination with the DSWD and LGUs will distribute the 
edible food surplus to the food insecure. 
 
SEC. 8. Food-related Business Surplus 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 contract with food banks to redistribute edible food surplus to 
the 
food 
insecure; 
c. Ensure that edible food surplus is unadulterated and in good condition upon 
arrival 
at 
the 
food 
bank's 
distribution 
center; 
and 
d. Enter into a contract with waste management and recycling enterprises to 
recycle inedible food surplus. 
 
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 
to 
food 
banks; 
b. Ensure that food businesses have entered into contracts with food banks 
and issue acceptance certificates to food businesses; 


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7 
c. 
Ensure that food banks have adequate and appropriate 
storage for the 
edible 
food 
surplus 
especially 
the 
highly 
perishable 
food; 
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 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, 
livestock 
feed 
or 
sources 
of 
biofuel 
to 
the 
DA 
and 
DENR; 
b. 
Initiate a 
waste segregation effort 
per household, ensuring inedible food 
surplus 
are 
not 
mixed 
with 
garbage 
otherwise 
garbage 
found 
with 
food 
waste 
will 
not 
be 
collected; 
c. Shoulder the cost of transporting inedible food surplus from 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, 
livestock 
feed 
or 
sources 
of 
biofuel; 
and 
e. Facilitate the distribution of fertilizer or compost to farms and community 
gardening associations. 
 
SEC. 11. Training of Sanitary Inspectors. – The NNC shall, in coordination with the 
University of the Philippines College of Public Health and LGUs, conduct regular 
trainings on the proper handling, collection, distribution and determination of edible 
and inedible food 
surplus which includes microbiology, 
parasitology 
of 
food 
contaminant and the standards for the classification of food quality. 
 
SEC. 12. 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 is received by the accredited food banks and/or farms, the owners 
shall be exempt from any liability or injury arising therefrom. 
 
SEC. 13. 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 juridical entity, the responsible officers will be held liable for said violation. 
 
SEC. 14. Penal Provisions / Penalties. – The penalty of a fine amounting to Five 


5 
hundred thousand pesos (P500,000) shall be imposed upon any individual, private or 
public entity, who makes edible food surplus unfit for human consumption. The same 
penalty is applicable to private or public persons or 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 
One 
million 
pesos 
(P1,000,000.00) 
Second 
time 
offenders 
One 
million 
five 
hundred 
thousand 
pesos 
(P1,500,000.00) 
Third 
time 
offenders 
Two 
million 
pesos 
(P2,000,000.00) 
Fourth 
time 
offenders 
Three 
million 
pesos 
(P3,000,000.00) 
Fifth time offenders and up Five million pesos (P5,000,000.00) 
 
SEC. 15. Supervision. – The NNC, in coordination with the DSWD, shall supervise 
the enforcement and implementation of this Act. 
 
SEC. 16. Implementing Rules and Regulations. – Within sixty (60) days from the 
effectivity of this Act, the NNC, in coordination with 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. Effectivity. – This Act shall take effect fifteen (15) days after its publication 
in 
the 
Official 
Gazette 
or 
in 
a 
newspaper 
of 
general 
circulation. 
Approved,