Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousE BiLL No.  8621
Introduced bv ReD. Rav T. Reves
EXPLANATORY NOTE
Article  11,  Section  11  of the  1987  Constitution  states  that  "777e  Sfafe  va/wes  the
dignity Of every human person and guarantees full respect for human rights." The riighi to
adequate  food   is  an  inalienable  right  of  every  person  and  is  something  the  State
safeguards.  Despite this  recognition  of one of the  most basic of rights enshrined  in the
Constitution,  Social Weather Stations (SWS)  reported that 2.7  million  Filipino families or
9.8%  of  the  population  experienced  involuntary  hunger  for  the  first  quarter  of  2023.
Although  this  is lower than  the  11.8%  reported  in the fourth  quarter of 2022,  this  is still
higher than the 8.3%  before the pandemic. This staggering number of families suffering
from hunger does not align with a constitutional guarantee which we uphold.
While  millions  of  Filipinos  suffer from  hunger,  it  is  ironic  given  the  International
Rice  Research  Institute  (IRRl)  also  estimates that twenty-three  million  pesos worth  of
rice  is among those wasted daily.  The  Food  and  Nutrition  Research  Institute  (FNRl)  of
the Department of Science and Technology (DOST) confirms this, when  it said that the
Philippines wastes  1.7 million  kilos of food daily -a volume that is enough to ease the
hunger among our countrymen who have limited, or no access to food.
The  2021   Global   Hunger  Index  has   ranked  the   Philippines  68th   out  of  116
countries,  and  has  projected  that the  countlys  progress  in  achieving  zero  hunger  by
2030 has stalled. While the country may not completely eradicate hunger by 2030,  we
can at least ease the burden of our countrymen by creating a mechanism to fight hunger
and fill our countrymen's stomach. It also addresses the biodegradable waste generated
by the country.
ln view of the foregoing, the passage of this bill is earnestly


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousEBiLLNo.   8621
Introduced bv Rer.. Ray T. Reves
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:
SECTloN   1.   Short  Ti.i/e.  -  This  Act  shall   be   known   as  the   "Food  Suxp/us
Reduction Act."
SECTloN 2. Dec/arati.on of Po//.cy. - 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.
SECTloN 3. Definfti.on of rems. -As used in this Act:
a)   Ed/b/e  food  sunp/us  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 I.nsecure  refers  to  persons  or groups  of persons who  have  no  means
and/or have difficulty producing or purchasing food;
d)  Food suxp/us  reducfJ.on  refers  to  the  decrease  of food  surplus  through  the
redistribution  of food surplus to the fcod  insecure  or the recycling  of food  as
fertilizer or compost;
e)   Food-re/afed busi.ness 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)    /ned/b/e  food suxp/t/s 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.
SECTION 4.  Covered Es fab/i.shmerits. - 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:  Provf-ded,  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.
SECTION 5. Dete/minati-on of Food /nsecure. - 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).
SECTION  6.  Nafi.ona/  Zerorfood  Waste  Campai.gn.  -  The  National   Nutrition
Council  (NNC),  in close coordination with the DSWD, the Department of the  Interior
and  Local  Government (DILG),  Department of Environment and  Natural  Resources
(DENR), Department of Education (DepEd), Department of Trade and Industry (DTl),
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;
c)   National and local food surplus prevention programs;
d)   Food recovery; and
e)   Pertinent provisions of this Act.
SECTION i. 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  containers 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 existing policy, and processed food for donation shall have at least twelve
(12) months remaining shelf-life;
c)   Before  a  donation  js  made,  a  duly trained  sanitary inspector of the  LGU  will
check if the edible food surplus is fit for 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.
SECTION 8. Food-related Business Surplus Reduction Strategy. - The c]iwners
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.
SECTION  9.  Nafi.ona/ Food Swap/us 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 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  livelihcod  programs  to  avoid  the
dependence on donation solely.
SECTION 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.
SECTION  11.  rrai.ni.ng of Sani.fary /nspectors.  -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.
SECTION  12.  i/-ab/./i.fy  Priotecti-on.  -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.
SECTION 13.  Prohibition  of Selling  Edible  and  Inedible  Food  Surplus. - The
reselling   of  donated   edible   and   inedible   food   surplus   is   strictly   prohibited.   The
penalty  of pr/.son  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.
SECTION  14.  Pena/ Prov/.s/.ons/Pena/ri.es. -The  penalty  of a  fine  amounting  to
Five  hundred thousand  pesos  (P500,000.00) 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 that 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
Second time offenders
Third time offenders
Fourth time offenders
Fifth time offenders
One million pesos (P1,000,000.00)
One  million  five  hundred  thousand
pesos (P1,500,000.00)
Two million pesos (P2,000,000.00)
Three million pesos (P3,000,000.00)
Five million pesos (P5,000,000.00)
SECTloN  15.  Supervi-s/.on.  -  The  NNC,   in  coordination  with  the  DSWD,  shall
supervise the enforcement and implementation of this Act.
SECTION 16. Implementing Rules and Regulations. -W-iThiin s-ixrty (60) days from
the effectivity of this Act, the NNC,  in coordination with DSWD,  D[LG,  DENR,  DOST,
DepEd,   and   DOH  shall  promulgate  the  necessary  rules  and  regulations  for  the
effective implementation of this Act.
SECTION  17.  Separabi.//-fy C/ause.  -  lf any  part or  provision  of this  Act  shall  be
deemed unconstitutional or invalid, the other parts or provisions not affected thereby
shall remain in full force and effect.
SECTION  18.  Repea//.ng C/ause. -All  laws,  decrees,  executive  orders,  rules  and
regulations  and  other  issuances  or  parts thereof inconsistent with  the  provisions  of
this Act are hereby repealed or modified accordingly.
SECTION  19.  Effecfi.vify.  -This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication in the Offlc/.a/ Gazeffe or in a newspaper of general circulation.
Approved,