Food Waste Reduction Act

Sec. 4. Covered Establishments

• Food manufacturers
• Food establishments
• Supermarkets with at least five hundred (500) square meters of selling space
• Culinary schools with at least fifty (50) students.

Sec. 5. Determination of Food Insecure

Sec. 6. National Food Surplus Campaign

Sec. 7. Edible Food Surplus Distribution Steps

• The owners of the covered establishments will segregate their edible and inedible food surplus
• 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 LGU will check if the food surplus is fit for consumption based on the standards set by the NNC and FDA
• Upon certifying that the food surplus is fit for consumption, the edible food surplus will be donated to accredited food banks, as determined by the DSWD
• Food banks, in coordination with the DSWD and LGUs, will distribute the edible food surplus to the food insecure.

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:

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 marmer of disposal, including donation, composting, or discarding;

Enter into a contract with food banks to redistribute edible food surplus to the food insecure; and

c) Ensure that the edible food surplus is unadulterated and in good condition upon arrival at the food bank’s distribution center, in accordance with the 20 standards set by the NNC and FDA.

Sec. 9. National Food Surplus Scheme. - The DSWD, as the coordinating agency between food businesses and food banks, shall:

distribution of edible food donated for food banks;

Provide guidelines and standards for the collection, storage, and 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;1

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

Create as 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 LGUs in Waste Reduction Strategy. - LGUs are hereby required to:

Submit a report to the DENR containing data on the amount (in tons) of inedible food surplus that can be recycled as raw materials for fertilizer or compost, in accordance with the standards set by said department

b) Initiate waste segregation efforts per household through local campaigns 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; 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 the FDA, shall conduct seminars and provide adequate training to 20 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 made1 to the accredited food banks, the owners shall be exempt from any liability and/or injury arising therefrom.

Sec. 14. 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.

Sec. 15. 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. 16. Penal Provisions/Penalties. - The penalty of a fine amounting to (P500,000.00) shall be imposed upon any individual or entity 13 who makes edible food surplus unfit for consumption.

Penalties shall also be imposed 14 upon any individual or entity who prevents the redirection of edible food surplus to food banks or inedible food surplus to waste management and recycling enterprises. The fines 16 shall be imposed as follows:

17 First time offenders P1,000,000.00 18 Second time offenders Pl,500,000.00 19 Third time offenders P2,000,000.00 20 Fourth time offenders P3,000,000.00 21 Fifth time offenders P5,000,000.00

Sec. 17. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the NNC, in coordination with the DSWD, DILG, DENR, DOST, 24 DepEd, and DOH, shall promulgate the necessary rules and regulations for the effective 25 implementation of this Act.1

Sec. 18. Separability Clause. - If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any provisions not affected thereby shall 3 remain in force and effect.

Sec. 19. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, rule or regulation inconsistent with the provisions of this Act 6 is hereby repealed or modified accordingly.

Sec. 20. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general 9 circulation.