EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S e n a te
0 a iC f of tl)f free rrM rp
SENATE
S.B. No. 1364
20 FEB 18 ? 3 ’M
RECt'.y 
_____ / _
\COUIAO 
T /
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
AN ACT
REDUCING FOOD WASTE THROUGH FOOD DONATIONS AND FOOD WASTE
RECYCLING
EXPLANATORY NOTE
The World Wide Fund for Nature (WWFN) Philippines reported that 2.4 million 
Filipino families experienced involuntary hunger at least once in the first quarter of 2019. Only 
one (1) out of three (3) Filipino households are considered food secure. Worldwide, the UN 
Food and Agriculture Organization (FAO) reported that 2 billion people experience moderate 
or severe food insecurity in 2019.
Despite these statistics and the fact that the Philippines has topped as biggest rice 
importer in the world, it has been estimated that each Filipino wastes an average of 3.29kg of 
rice per year, enough to feed 4.3 million Filipinos, according to WWF.
Furthermore, food wastages generate not only 
economic concerns but also 
environmental concerns given its contribution to increased greenhouse gases, deforestation, 
among others.
While the Philippines has excess supply of edible food, 13 million Filipinos cannot 
afford three (3) meals a day. This edible food surplus, instead of being thrown away and wasted 
should be better utilized by donating it to the millions of hungry Filipinos while the inedible 
food surplus be recycled as raw materials for compost or fertilizer.
This bill seeks to address the food wastage and hunger in the coimtry by requiring food 
businesses to donate their safe and edible excess food to food banks and charities and to recycle 
the inedible food surplus into fertilizer or compost instead of disposing the same.
In view of the foregoing, the approval of this bill is eamesti
EMMAN
QUIAO


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
rgijt 
giciuirt
o( lljf Srtrrtarp
SENATE
S.B. No. 1364
20 FEB 18 ?3'M
RECciv.OBV
INTRODUCED BY: SENATOR EMMANUEL D. PACQUIAO
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:
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SECTION 1. Short Title. -  This Act shall be known as “Food Waste Reduction Act.”
SEC. 2. 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).
b. Food Insecure, as defined by Food and Agriculture Organization (FAO), exists when 
people lack secure access to sufficient amounts of safe and nutritious food for normal 
growth and development and an active and healthy life.
c. Food Surplus Reduction refers to the decrease of food surplus, ideally through the 
redistribution of food surplus to the food insecure or the recycling of food as fertilizer 
or compost.
d. Food-Related Business refers to activities and establishments involved in the 
manufacturing and processing of food products, businesses involved in the wholesaling 
and retailing of food products, businesses involved in serving food products, and 
institutions offering courses in the art and science of preparation, cooking and 
presentation of food.
e. Food Banks refer to non-profit, charitable or other social mission-oriented 
organizations that distribute food to the food insecure.


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f. 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.
g. Waste management and recycling enterprises refers to organizations that manage 
inedible food surplus by converting these into fertilizers or compost.
SEC. 3. 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;
b) Food establishments including but not limited to restaurants, cafes, diners, fast food 
chains or hotels;
c) Culinary schools and other food service training institutions; and
d) Markets and other food distribution centers.
SEC. 4. National Food Surplus Campaign. - The NNC, in close coordination with the 
Department of Social Welfare and Development (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), National Food Authority (NFA), FDA and other concerned agencies and Local 
Govermnent Units (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.
SEC. 5. Determination of Food Insecure. - The criteria for determination of food insecurity will 
be made by the DSWD in coordination with the LGUs.
SEC. 6. 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;


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b) 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;
c) Upon certifying that the edible food surplus is fit for consumption, the edible food 
surplus will be donated by food-related businesses to charities of their choice as 
monitored by the DSWD or to accredited food banks as determined by the DSWD 
within the period that said surplus remains edible; and
d) Food banks, in coordination with the DSWD and LGUs will distribute the edible 
food surplus to the food insecure.
e) Surplus food not distributed and become inedible shall be forwarded to waste 
management and recycling enterprises.
SEC. 7. Food-Related Business Waste 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 waste to the food 
insecure subject to Sec. 6 (e) of this Act;
c. Enter into a contract with waste management and recycling enterprises to recycle 
inedible food waste;
d. Ensure that edible food surplus is imadulterated and in good condition upon arrival 
at the food bank's distribution center.
SEC. 8. 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;
c. Ensure that food banks have adequate storage for edible food surplus;


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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 sole dependence on 
donations.
SEC. 9. Household and Local Government Unit Responsibility in Waste Reduction Strategy. - 
LGUs are hereby required to:
a. Submit an initial 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;
b. Submit an annual report that contains data on the amount (in tons) of inedible food 
waste that can be recycled as raw material for fertilizers or compost to the DENR’
c. Initiate waste segregation awareness, understanding, and efforts per household 
through local campaigns;
d. Shoulder the cost of transporting inedible food surplus from collection areas to waste 
management sites;
e. Enter into contract with waste management and recycling enterprises to recycle 
inedible food waste into fertilizer or compost; and
f  Facilitate the distribution of fertilizer or compost to farms and community gardening 
associations.
SEC. 10. 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 determination, sorting, and collection of edible and inedible food surplus.
SEC. 11. 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 of food-related businesses shall be exempt from any liability 
and/or injury arising therefrom.
SEC. 12. Tax Incentive. -  Donations of edible food surplus by food-related businesses shall be 
exempt from donor’s tax and the same shall be considered as allowable deductions from their 
gross income, in accordance with the provisions of the National Internal Revenue Code of 
1997, as amended;


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SEC. 13. Penal Provisions Penalties. - Any individual, natural or juridical, who makes edible 
food surplus unfit for consumption, who prevents the redirection of edible food waste to food 
banks or inedible food surplus to waste management and recycling enterprises, and who resells 
donated edible and inedible food surplus shall be penalized with a fine amounting from 
Php500,000 to Phpl ,000,000.
The fines may be increased on the basis of prevailing economic indicators such as, but not 
limited to, inflation rate and consumer price index.
SEC. 14. 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. 15. Periodic Review. The implementing agencies shall submit an annual report to 
Congress on the progress in the implementation of this Act.
SEC. 16. 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. 17. 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. 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or a newspaper of general circulation.
Approved,