Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

Second Regular Session
7709

HOUSE BILL NO. __

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Food waste is a global problem with tremendous financial, ethical and environmental costs. When
edible items go to waste, so do the resources that were utilized to bring those food to the
supermarkets, restaurants and our homes. Fresh produce, meat products and other food items
require land, water and energy resources for their production and distribution (irrigation, planting,
harvest and transport). These resources are wasted when edible food is discarded.

On top of the environmental costs of food waste, there is also the problem of food insecurity.
Food insecurity is defined as the disruption of food intake or eating patterns because of lack of
money and other resources. According to the 2020 State of Food Insecurity by the Food and
Agriculture Organization of the United Nations (FAO), almost 690 million people went hungry in
2019—381 million of which are from Asia. Should the current trend of increase in chronic hunger
continue, it is projected that by 2030, 840 million people will be affected by chronic hunger. It is
also reported that 2 billion people globally do not have access to safe, nutritious and sufficient
food.

In this regard, this proposed measure seeks contribute towards addressing these problems by
ensuring the reduction of both household and commercial food surplus either through
redistribution of edible food surplus to food banks or recycling inedible food surplus to raw
materials for fertilizers and/or compost.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

sy.

\d District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7709

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT

REDUCING FOOD WASTE THROUGH FOOD DONATIONS AND FOOD WASTE

RECYCLING

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

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 Nationla
Nutritional Council (NNC) and the Food and Drug Administration (FDA).

. 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.

Food Surplus Reduction refers to the decrease of food surplus, ideally through the
redistribution of food surplus to the food insecure of the recycling of food as fertilizer or
compost.

|. 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.

. Food Banks refer 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.

|. 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 thus 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;

©) 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 Government Units (LGUs), shall
undertake a National Food Surplus Campaign to raise awareness on the impact of food surplus
and strategies to decrease food waste at the household level. The campaign shalll also promote
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 inedible and inedible food
surplus;

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;

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 bank in coordination with the DSWD and LGUs will distribute the edible food surplus

to the food insecure;

‘Surplus food not distributed and turned inedible shall be forwarded to waste management

and recycling enterprises.

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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 unadulterated 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;

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

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 and 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. Initial 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 of 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 od 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 business shall be exempt from 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.


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
PhP500,000.00 to PhP1,000,000.00.

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 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,