Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.___
Introduced by: Rep. Bernadette “BH” Herrera-Dy
AN ACT PROMOTING ALL RESTAURANTS, APPLICABLE FOOD
ESTABLISHMENTS, AND FOOD-RELATED BUSINESSES TO AID FOOD
INSECURITY AND TO PREVENT FOOD WASTAGE IN THE COUNTRY
THROUGH A ZERO HUNGER, FOOD RESCUE PROGRAM
Explanatory Note
One of the Sustainable Development Goals is zero hunger by 2030. Zero hunger
also aims to reduce production of food waste. Although, the World Food
Programme continuously stated that "there is enough food in the world to feed
everyone and no scientific breakthroughs are needed," still; one in every seven
people in the world go hungry and more than 20,000 children under the age of 5 die
from hunger daily (FAO, 2011).While another report by the Food and Agriculture
Organization (FAO) in 2013shows that 1.3 billion tons of food is lost each year.
In the Philippines, 2.7 million Filipino families experience involuntary hunger at
least once in three months (SWS, 2017). In the span of 1999-2014, the number of
Filipino families who rated themselves as hungry rose from 8.3% to 18.3% (SWS,
self-hunger survey). According to the 2015 Global Food Security Index (GFSI), the
country ranked 72nd out of 109 countries when it comes to food security. The
index also rated the country's efforts against food insecurity as "moderate
performance."Despite food insecurity, 2,175 tons of food scraps in Metro Manila
end up in trash bins daily (PIDS, 2017). Food scraps are inevitable, but a lot of
food waste is still edible (Moyer, 2012).lt is argued that traditional consumption
and production processes in the local dining industry contribute greatly to the
country's food waste problem.
Furthermore, many Filipinos suffer from lack of food or poor diets, despite rising
food availability because of inadequate access to food due to high poverty and low
income (WFP, 2017). In the country's poverty-stricken areas, people resort to
"pagpag" to feed their hungry stomachs. Pagpag refers to food scraps that are
scavenged from garbage, recooked, and served as a new meal for families. To an
extent, many call this as "the food of the poor." According to a CNN report (2012),
these food scraps are sold for as low as 20 pesos per bag to poor families in Manila.
Despite the warnings of health professionals against the dangers of eating pagpag,
people continue to undermine the gross effect in order to fill their stomachs. The
National AntiPoverty Commission (NAPC) has warned that eating recycled food
severely compromises children's nutrition, and food-related diseases may appear
later in life. However, this "industry" thrive until this day. In this regard, it is the
duty of the government to provide safe and adequate food for its citizens. It must
take active measures to improve the country's food security and discontinue risky
practices that are detrimental to its people.
July 5, 2022
3:43 pm
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In 2015, the Philippines has renewed their commitment to pursue sustainable
development through a common, integrated and inclusive agenda in next 15 years.
The adoption of the 2030 Agenda for Sustainable Development promised that "no
one will be left behind." Thus, it is imperative for the state to ensure that all citizens
to have good food on their plates, regardless or social class. There should be no
"food of the poor" but "food for all.As "pagpag" and other food scraps come from
wastes of restaurants, and other food establishments in the Philippines, it is only
necessary for them to be part of the solution. According to APEC meeting on Food
Security (2015), most companies in the Philippine food industry lose money
because around 33 percent of food production goes to waste. According to
Resource Efficient Scotland (2017), the amount of food a business throws away is
one indicator of the efficiency of the business.Additionally, food waste can be
reduced through preventing waste at source, donating food to people in need, or
diverting of excess food for composting or other industrial uses.Wasted surplus or
excess food are still edible and considered wholesome nutritious food (EPA, 2017).
In this regard, such surplus food can be audited, managed, and utilized to aid food
insecurity in the country.
The Zero Hunger, Food Rescue Program's aim is to engage the food industry in
helping reach zero hunger and in turn help food establishments manage production
surplus
and
waste.
Through
the donation of excess or surplus food of
establishments, hungry Filipinos are able to have safe and quality food and
establishments can increase productivity, save waste disposal costs, and uphold its
environmental goals. The Program shall also adhere to strict safety standards to
protect its citizens.
Through this measure, the state shall uphold its people's right to food and right to
food security and shall have due consideration to the production and success of its
growing food industry.
In view of the foregoing, the immediate passage of this measure is earnestly sought.
Bernadette Herrera-Dy


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.___
Introduced by: Rep. Bernadette “BH” Herrera-Dy
AN ACT PROMOTING ALL RESTAURANTS, APPLICABLE FOOD
ESTABLISHMENTS, AND FOOD-RELATED BUSINESSES TO AID FOOD
INSECURITY AND TO PREVENT FOOD WASTAGE IN THE COUNTRY
THROUGH A ZERO HUNGER, FOOD RESCUE PROGRAM
Section 1. Short Title.This Act shall be known as the "Zero Hunger Act."
Section 2. Declaration of Policy.lt is the duty of the state to ensure that everyone
has a right to adequate, safe, sufficient, and nutritious food and to freedom from
hunger. It shall also manage food staple consumption and work towards reducing
food waste.
To this end, the state shall adopt a program to promote zero hunger and to lessen
food waste through surplus food donation of restaurants and other food
establishments. By engaging the food industry in a food rescue program, it will
not only help in alleviating hunger in the country but will also help in preventing
wastage of food in the industry that could have served a better purpose.
Section 3. Definition of Terms. For the purpose of this Act, the following terms
will mean:
a) Food — an edible or potable substance (usually of animal or plant origin),
consisting of nourishing and nutritive components such as carbohydrates, fats,
proteins, essential mineral and vitamins, which (when ingested and assimilated
through digestion) sustains life, generates energy, and provides growth,
maintenance, and health of the body.
b) Surplus Food —wasted excess food that are considered wholesome nutritious
food. These are not spoiled food but either unsold or untouched food in
restaurants and other food establishments. These may also refer to food products
that are left over from breakfast, lunch or dinner service (e.g. salads, sandwiches,
muffins and cakes), an excess of products that are close to their 'best-before' or
'use-by' date, ingredients and 36 finished products that fall outside of a customer
specification, slow-moving stock or deleted lines, and products with damaged
packaging.
c) Food Security - exists when all people, at all times, have physical, social and
economic access to sufficient, safe and nutritious food which meets their dietary
needs and food preferences for an active and healthy life.
d) Food Insecurity - exists when people do not have adequate physical, social or
economic access to food.
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e) Food Waste—an overarching term defined as any potential source of food that
has knowingly been discarded or destroyed. These include food discarded in
factories, food not sold in shops or restaurants (or surplus food), kitchen scraps,
and plate waste.
f) Food Rescue - also called food recovery or food salvage, is gathering food that
would otherwise go to waste from restaurants, caterers, bakeries, farmers and
grocers and distributing it to local food banks, food pantries, emergency food
programs and other nonprofit organizations.
g) Unavoidable Food Waste - refer to food products lost during the consumption
phase (e.g. banana peelings, fruit cores etc.).
h) Food Establishment - an establishment where food or drinks are manufactured,
processed, stored, sold or served. They must have a valid sanitary permit and
health certificate issued by the local health authority.
i) Food-Related Business - A business, enterprise or activity on any nature (other
than primary food production) that involves: the handling of food intended for
sale, or the sale of food.
j) Restaurant - food and beverage service establishment with a health certificate
issued by the local health authority. This certificate shall be issued only after the
required physical and medical examinations are performed and immunizations are
administered at prescribed intervals.
k) Charity/Charities - an organization set up to provide help and raise money for
those in need.
l) Food Banks - is a non-profit organization that collects and distributes food to
hunger- relief charities. Food banks act as food storage and distribution depots for
smaller front line agencies; and usually do not themselves give out food directly
to people struggling with hunger.
m) Non-Profit Organizations - The term "non-profit organization" means an
incorporated or unincorporated entity that:
i. is operating for religious, charitable, or educational purposes; and
ii. does not provide net earnings to or operate in any other manner that inures to
the benefit of, any officer, employee, or shareholder of the entity.
n) Donation - is something which someone gives to a charity or other
organization.
Section
4.
Zero
Hunger,
Food
Rescue
Program
for
Restaurants,
Food
Establishments, and other Food-related businesses
The Food Rescue Program is banked on the premise of promoting food security
through reducing food waste. In this regard, all duly-registered restaurants, food
establishments, and other food-related businesses shall be subject to a Food
Rescue Program wherein they shall donate surplus food to chosen food banks,
charities, and non-profit organizations. The program shall adhere to strict safety
standards to protect ultimate beneficiaries and help establishments determine and
lessen generation food waste and surplus food to make production more efficient.
lt shall be under the purview of the Committee in Section 7 of this Act.


Section 5. Establishment of an Inter-agency Committee for the Food Rescue
Program. An inter-agency committee lead by the National Nutrition Council
(Department of Health) and other representatives from the Department of Social
Welfare and Development, Department of Trade and Industry, Department of
Environment and Natural Resources, Bureau of Internal Revenue, Local
Government Units, as well as chosen representatives from the food industry will
be established upon effectivity of this Act. They shall be in-charge of
implementing the provisions of this Act, including management and oversight of
the Program, and other concerns that may arise. The committee shall have the
following functions:
a) Assess and evaluate production and surplus food generation audits of
restaurants, food establishments, and other food-related businesses and determine
capacities and capabilities of these entities to donate or manage food waste and to
lessen surplus food.
b) Develop guidelines, health and safety standards for surplus food that are fit for
donations and its collection, storage, and distribution of such.
c) Provide criteria for accreditation and determine credibility of institutions and
foundations that can receive food donations from food establishments for
distribution to ultimate beneficiaries; they shall accredit these food banks,
charities, and other non-profit organizations that are deemed to be fit under the
standards provided.
d) Review donation reports in terms of quantity, quality, cost, and value of
donated goods from establishments to their chosen beneficiaries (which are
selected from the accredited institutions of the Committee).
e)
Determine
possible
tax
deductions
that
may
be
applicable
to food
establishments in terms of their donations.
f) Oversee and determine the appropriate system for donations to non-profit
organizations and other beneficiaries.
g) Developand promulgate the Implementing Rules and Regulations of this Act.
h) Manage any other concerns that may arise under this Act.
Section 6. Duties of Food Establishments. The establishments covered under this
Act shall submit an initial surplus food audit to the Committee under Section 5 of
this Act to determine processes that generate surplus food. These establishments
shall donate a portion or all its surplus food either daily or weekly to beneficiaries
accredited and approved by the Committee.Donated food should be subject to the
standards of the National Nutrition Councilwhich shall be developed through the
Committee under Section 5 of this Act. In donations, the establishment shall
report to the Committee of the contents and quality of donation to its chosen
beneficiary. The prescribed format, details and information needed in this report
shall be duly stated in the Implementing Rules and Regulations of this Act.
Section
7. Liabilities of Food Establishments. The restaurant and other
establishments under this Act shall not be subject to civil or criminal liability
from the donated food and/or surplus food that have been subject to the standards
of the National Nutrition Council before its donation in good faith to a non-profit
organization, food bank, church, or charity. However, the former does not apply to
the death and injury of ultimate recipients of such donations from an act or
omission of persons or establishments, as applicable, constituting to gross
negligence and/or intentional 7 misconduct. This shall be penalized as prescribed
under Section 1 of this Act.


Section 8. Duties ofFood banks, Charities, and other Non-Profit Organizations.
Food Banks, charities, foundations, and other non-profit organizations shall be
accredited and proved fit under the standards provided by the Committee under
Section 5 of this Act before these entities are able to receive donations from food
establishments. Donated goods received by these entities shall not be distributed
for sale. Such act shall be penalized as prescribed under Section 1 of this Act
Section
9.
Liabilities
of
Food
banks,
Charities,
and
other
Non-Profit
Organizations. The entities under this Act shall not be subject to civil or criminal
liability from the donated food and/or surplus food that have been subject to the
standards of the National Nutrition Council before its donation that have been
received in good faith.However, death and injury of ultimate recipients of such
donations from an act or omission of persons, establishments, or organizations, as
applicable, constituting to gross negligence and/or intentional misconduct shall be
penalized as prescribed under Section 1 of this Act.
Section 10. Certification and Tax Deductions. Restaurants, food establishments,
and other food-related businesses who have complied with the provisions of the
Food Rescue Program under this Act shall receive tax deductions and certification
of compliance:
a)
Food
Rescuer
Certificate:Restaurants,
food
establishments,
and
other
food-related businesses shall be recognized and certified as "Food Rescuers"
under the Food Rescue Program. This distinction shall be awarded to deserving
establishments that have donated food regularly, complied with the provisions of
this Act, and lessened surplus food production and food waste within five (5)
years of the Program's effectivity. This shall be determined by the Committee
under Section 5 of this Act.
b) Tax Deductions: The value of donations by restaurants, food establishments,
and other food-related businesses made by food establishments may be claimed as
tax deductions from gross taxable income of said entities. This shall be
determined by the Committee under Section 5 of this Act.
Section 11. Penal Provisions. The following are the imposed penalties of those in
violation of the Act herewith:
1. Gross negligence and/or intentional misconduct in handling, preparation,
and/or distribution of donated goods of persons, establishments, or organizations,
that resulted to death or injury of ultimate recipients.
a) Injury: shall be penalized by imprisonment of one (1) year to five (5) years and
a fine of not less than three hundred thousand pesos (PhP300,000.00) but not
more than five hundred thousand pesos (Php 500,000.00).
b) Death: shall be penalized by imprisonment of five (5) years to fifteen (15)
years and a fine of not less than five hundred thousand pesos (PhP 500,000.00)
but not more than five million thousand pesos (Php 5,000,000.00).
2. Repacking and distributing for sale of food, and other goods intended for
donation. Such act shall be penalized by imprisonment of one (1) year to three (3)
years and a fine of not less than fifty thousand pesos (PhP 50,000.00) but not
more than two hundred thousand pesos (Php 200,000.00).


3. Deliberately contaminating or any other act towards making food waste unfit
for consumption and donation Such act shall be penalized by imprisonment of one
(1) year to three (3) years and a fine of not less than one hundred thousand pesos
(PhP100,000.00) but not more than three hundred thousand pesos (Php
300,000.00).
4. Redirecting or preventing such donations to reach intended recipients Such act
shall be penalized by imprisonment of six (6) months to two (2) years and a fine
of not less than fifty thousand pesos (PhP 50,000.00) but not more than one
hundred thousand pesos (Php 100,000.00).
Section 12. Fund Sources. The amounts necessary to implement this Act shall be
included in Section 13. Implementing Rules and Regulations Within ninety (60)
days from the effectivity of this Act, the Committee, in consultation with
appropriate government agencies and other stakeholders, shall promulgate the
necessary rules and regulations to implement this Act.
Section 14 Separability Clause. If, for any reason or reasons, any part of the
provision of this Act shall be held to be unconstitutional or invalid, other parts or
provisions hereof which are not affected thereby shall continue to be in full force
and effect.
Section 15. Repealing Clause. All laws, decrees, orders, rules, and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed,
amended, or modified  accordingly.
Section 16. Effectivity Clause. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette and at least two (2) newspapers of
general circulation.
Approved,