Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 3370

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

According to the Food and Agriculture Organization (FAO) of the United
Nations, the world is producing more than enough food to feed everyone, yet
hunger is still one of the most urgent development challenges. On a global scale,
the annual production of food can feed about 10 billion people; however, about
30 per cent of these food are wasted and more than 50,000 people are dying
every day because of poverty and poverty-related disease.

Food that is fit for human consumption, but is not consumed because it is
or left to spoil or discarded by retailers or consumers is called food waste. This
may be because of rigid or misunderstood date marking rules, improper storage,
buying or cooking practices.

In the Philippines, based on the First Quarter 2017 Social Weather
Survey, 11.9% or an estimated 2.7 million families experiencing involuntary
hunger at least once in the past three months. This is 2 points below the 13.9%
(est. 3.1 million families) quarterly Hunger in December 2016.

Currently, there is no law in the Philippines that specifically tackles
combatting the increasing amount of food waste in the country.

In other countries, there have already been measures done to prevent
food waste. Italy has a law that enables schools, supermarkets, and restaurants
to donate clean surpluses and leftovers to those in need. One city in Belgium
requires supermarkets to donate their surpluses to food banks. Japan
implements a “Food Recycling Law” which requires food businesses to safely
convert their food wastage into raw materials for animal feeds or fertilizers.

With this in mind, this bill seeks to initiate a nationwide campaign against
food waste, tapping the National Nutrition Council (NNC) to closely coordinate

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with different government agencies such as the Department of Environment and
Natural Resources (DENR), the Department of Social Welfare and Development
(DSWD), the Department of Education (DepEd), the Department of Trade and
Industry (DT!), the Department of Health (DOH), other concerned agencies and
Local Government Units (LGUs). This campaign aims to educate the people
about the consequences of wasted food, the No Food Waste Act, and the food
waste reduction efforts required of food-related businesses and households
through LGUs. This bill also enumerates various food-waste reduction strategies
for food-related businesses, LGUs, and households, among others.

Much is needed to be done to reduce food wastage. Behavioral change is
necessary to combat this problem. It is high time for the government do its part
not only for the Philippines, but also because this has become an alarming global
problem.

For the foregoing reasons, the passage of this bill is earnestly sought.

IN S. GARIN
-Owa Partylist


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._2370

Introduced by Representative Sharon S. Garin

AN ACT REDUCING FOOD WASTE THROUGH FOOD DONATIONS AND
FOOD WASTE RECYCLING

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 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 wastage
produced 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 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 the Food and Drug
‘Administration (FDA).


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. Food insecure refers to persons or groups of persons who

have no means and/or have difficulty producing or
purchasing food.

Food surplus reduction refers to the decrease of food

surplus generation, the redistribution of food surplus to the
food insecure or the recycling of food as fertilizer or
compost.

|. 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.

Food banks refers to non-profit, charitable or other social
mission-oriented organizations that distribute food to the
food insecure.

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 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 manufacturers, notwithstanding any restriction imposed by any

b)

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c)

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;

Food establishments (restaurants, cafes, diners, fast food chains or
hotels);

‘Supermarkets with at least five hundred (500) square meters of selling
space; and

Culinary schools which offer culinary, baking and pastry courses with
at least fifty (50) students.


SEC. 5. Determination of Food Insecures. - The criteria for determination
of food insecures will be made by the Department of Social Welfare and
Development (DSWD), in coordination with the Local Government Units (LGUs).

SEC. 6. National Food Surplus Campaign. - The NNC, in close
coordination with 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), FDA, other concerned agencies and LGUs, 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 local food surplus prevention programs;
d) Food recovery; and

) 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;

°)

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

qd)

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 LGUs will distribute
the edible food surplus to the food insecure.


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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:

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;

. Enter into a contract with food banks to redistribute edible food surplus

to the food insecures;

Ensure that edible food surplus is unadulterated and in good condition

upon arrival at the food bank's distribution center, in accordance with
the standard set by 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 to food banks;

Ensure that food businesses have entered into contracts with food
banks and issue acceptance certificates to food businesses;

. Ensure that food banks have adequate storage for edible food surplus;

Promote linkages between food banks and LGUs to create a
community-based food distribution system for the food insecure; and

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 Local Government Units 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;

Initiate waste segregation efforts per household through local
campaigns;

. Shoulder the cost of transporting inedible food surplus from collection

areas to waste management si



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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 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 to
farms, the owners 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 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 (Php500,000) 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 Php1,000,000.00
Second time offenders Php1,500,000.00
Third time offenders Php2,000,000.00
Fourth time offenders Php3,000,000.00
Fifth time offenders and up Php5,000,000.00

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.


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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 a newspaper of general circulation.

Approved,