Singapore passes law aiming to reduce food waste and encourage donations
Food donors will be protected from legal repercussions provided they meet certain conditions to ensure food safety and hygiene.
A packet of cooked food. (File photo: iStock)
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SINGAPORE: Food donors will be able to donate their excess or unsold food without having to worry about being held liable under strict food safety regulations, after a Bill that aims to reduce food waste and encourage donation was passed on Wednesday (Aug 7).
The Good Samaritan Food Donation Bill, which was tabled by Member of Parliament (MP) Louis Ng (PAP-Nee Soon), will protect donors from criminal or civil liability for any death or personal injury resulting from consuming donated food, provided certain conditions to ensure food safety and hygiene are met.
Prior to this, Singapore did not offer any liability protection for food donors or food rescue organisations. Instead, indemnity forms are often used to release donors from any risks or liabilities that may arise from untoward incidents.
WHAT THE BILL IS ABOUT
The Bill covers any entity or person that gives away food for a charitable, benevolent or philanthropic purpose without any monetary exchange.
This means that if any money is exchanged for the food, including any fee charged by the donor for providing the food, this will not be considered a donation.
To be granted liability waivers, donors must fulfil four conditions to ensure food safety and hygiene. They are:
- The food must not be unsafe or unsuitable at the time it was donated.
- The donor must inform the recipient of any particular requirements to handle the food to ensure it remains safe to consume.
- The donor must inform the recipient of any time limit within which the food remains safe and suitable.
- The donor must take all reasonable measures to comply with food safety and hygiene requirements up to the point of the donation.
If a donor meets these four conditions, they will be shielded from civil and criminal liability even if a beneficiary falls sick after eating donated food.
However, Mr Ng said this will not take away the Singapore Food Agency’s (SFA) powers to investigate any food safety issue.
“If any food safety issue arises with donated food, SFA can still investigate and take enforcement action. The difference is that food donors only need to show SFA that they have met the four conditions, and SFA would not impose any liability on the food donor,” he said.
Under the Sale of Food Act, food is deemed unsafe if it poses a risk of causing illness or injury to a person consuming it.
The food is also considered to be unsuitable if it is damaged, contains harmful substances, is from diseased animals, contains foreign agents, or has packaging that affects its intended use, among other things.
Mr Ng also spelt out two scenarios when the waiver will not apply.
The first scenario is where food is exchanged between individuals as part of a personal relationship.
For example, the Bill would not apply to food given to friends or snacks in the office pantry bought for colleagues, even though no money was exchanged.
The second scenario is where food is provided together with accommodation in a private residence in exchange for services or labour.
This means that employers would not receive a waiver for food provided to their domestic helpers, said Mr Ng.
Singapore has an “astounding” food waste problem. An average of 750,000 tonnes of food waste was generated every year over the past five years. That is against 1.6 million tonnes of commonly consumed food imported annually. Food waste makes up 11 per cent of total waste in Singapore, contributing significantly to strain on the country’s waste disposal system. With climate change in mind, wasting food also wastes all the energy and water it takes to produce the food. Meanwhile, ensuring that more food is donated rather than wasted will help to increase its availability for redistribution to the needy. MP Louis Ng made all these points in Parliament on Tuesday (Aug 6) when he moved the Good Samaritan Food Donation Bill for second reading. Mr Ng said studies have shown that a lack of liability protection for donors means that businesses prefer throwing away instead of donating food, and that a Good Samaritan food donation law would address this concern. It is a step already taken by many other countries, he said. Mr Ng explained how it will work. If a food donor - business, charity or individual - has taken all steps to ensure that donated food is safe, they will be protected from civil or criminal liability in the event of death or personal injury resulting from consuming the food. Before a donor can enjoy a waiver of liability, four conditions will have to be met, which are already best practices that many food donors are already following, said Mr Ng. The conditions are as follows - first, the food must not be unsafe or unsuitable at the time it was donated; second, the donor must inform the recipient of any particular requirements for handling the food to ensure it remains safe to consume; third, the donor must inform the recipient of any time limit within which the food remains safe; fourth, the donor must take all reasonable measures to comply with food safety and hygiene requirements up to the point of donation.
WHY THE BILL IS SIGNIFICANT
The private members’ Bill was first tabled on Jul 2. Mr Ng started working on the Bill four years ago after he noticed a restaurant throwing out “perfectly edible food” once its buffet had ended.
It had opted to do so, instead of donating it, out of concern over liability issues.
The new Bill serves to encourage food donation which will help to improve food security, reduce food waste and emissions from producing food, he said.
Each year, Singapore generates 750,000 tonnes of food waste, accounting for 11 per cent of the country’s total waste.
“During our consultations, I heard outrageous stories about the type of perfectly edible food that goes to waste," he said.
"Chickens that are bruised are rejected because they don’t meet beauty standards. Juicy fruits and crunchy vegetables are dumped because of their imperfect shape or colour.
"The food that we waste while others go hungry is astounding."
The Good Samaritan Food Donation Bill is a “valuable piece of legislation” that will improve the incentives for donations of food made in good faith while helping those in need, combating waste and promoting environmental sustainability, said MP Jamus Lim. Speaking in Parliament on Tuesday (Aug 6), he suggested “practical ways” to promote food donations. The Government can support the development of an online database of potential food donors and recipients to promote scaling-up at the national level. This could become a one-stop shop for various groups and industry, such as food banks and grassroots organisations. This will relieve them from the need to maintain their own independent network of suppliers and distributors. He also highlighted the “pervasiveness” of residents participating in food rescue programmes, saying it hints of the squeezed middle-class in society. He stressed the need to be aware of the struggles with food security that Singaporeans face.
WHAT MPS ASKED
The Bill was supported by MPs on both sides of the House, with many agreeing that it will help to boost food donations while helping those in need, reducing waste, and promoting environmental sustainability.
Senior Parliamentary Secretary for Social and Family Development Eric Chua said the Bill would allow more people to donate food more confidently.
"With the ... Bill, we can look forward to an increase in the quantity and variety of donated food, as more businesses and individuals are encouraged to donate," said Mr Chua, who added that the Ministry of Social and Family Development supported the "spirit of the Bill".
However, MPs also said there must be balance in the new legal framework or it could dissuade potential donors.
During the debate, some raised suggestions such as having label requirements for donated cooked food to minimise the risk of foodborne illnesses as well as introducing incentives to encourage more to donate food.
MP Yip Hon Weng (PAP-Yio Chu Kang) urged the government to consider implementing guidelines for clear and consistent allergen labelling, where possible, within the framework of the Bill.
Pointing to recent incidents such as the mass food poisoning cases at the SCDF Academy and Bytedance, he also called for the government to incorporate targeted guidelines and training for donors handling large quantities of food, emphasising best practices for safe storage and transportation.
Associate Professor Jamus Lim (WP-Sengkang) said the Ministry of Sustainability and the Environment (MSE) could support the development of an online database of potential food donors and recipients, to promote scaling up at the national level.
MP Joan Pereira (PAP-Tanjong Pagar) suggested a tax incentive to further encourage firms to donate food. She asked how the authorities would enforce regulations on food safety and hygiene for donated food.
Similarly, MP Ng Ling Ling (PAP-Ang Mo Kio) asked if a statutory board would be tasked to ensure that the conditions under the Bill are met, or if MSE will be the authority to revoke the waiver of liability if serious breaches occur.
The Good Samaritan Food Donation Bill is “a significant step forward” to bolster efforts in the food support space, said Senior Parliamentary Secretary for Social and Family Development, and Culture, Community and Youth Eric Chua. He said his ministry welcomes the protections conferred by the Bill as more donors can confidently step up and less food will go to waste. Mr Chua told Parliament on Wednesday (Aug 7) that the Bill will likely result in an increase in the quantity and variety of donated food as more businesses and individuals are encouraged to contribute. He said he hoped this would lead to greater choice and dignity for beneficiaries of food support. Mr Chua encouraged food donors to work with food charities to understand the needs of recipients and donate in ways that provide more choice, including healthier food options. He also called on donors and food charities to work with the Charity Food Workgroup to address the community’s needs more effectively. Mr Chua said the workgroup helps those in need to identify and receive food support, reduces duplication and wastage through better coordination, and encourages better giving by emphasising the provision of food support that meets beneficiaries’ dietary needs and preferences.
HOW THE MINISTRY RESPONDED
Responding on behalf of MSE, Senior Parliamentary Secretary for Sustainability and the Environment Baey Yam Keng said that the Bill aligned with MSE and SFA’s approach to food safety.
Both MSE and SFA are responsible for establishing the regulatory framework for food safety, with the latter publishing a set of guidelines for food safety practices in 2021.
On whether MSE will be the authority to revoke the waiver of liability, Mr Baey said the Bill does not warrant the need for revocation, as food donors would automatically forfeit their protection if they fail to meet any of the conditions.
“The conditions thus provide assurance to food donation recipients that donors would have taken necessary measures to safeguard the safety of the food they provide,” he said.
He reiterated that the Bill did not impede SFA’s responsibilities as a regulator, or its ability to investigate food safety lapses and take enforcement action.
In Parliament on Wednesday (Aug 7), Senior Parliamentary Secretary for Sustainability and the Environment Baey Yam Keng responded to questions raised by Members of the House in relation to the Good Samaritan Food Donation Bill. The issues included his ministry’s broader goals in managing food waste, ensuring food donors with ill intentions do not abuse the protections accorded by the Bill, the need for clear guidelines and standards for food donors, as well as training of staff and volunteers, maintaining records for accountability, regular inspections, and also enforcement and investigative processes if donors do not follow food safety guidelines. Mr Baey said his ministry supports the Good Samaritan Food Donation Bill, as it will help encourage donations of surplus food in a way that does not compromise safety and that provides assurance to recipients.
"STRIKE A BALANCE"
After a session that spanned over two days, Mr Ng gave a round-up speech addressing concerns raised.
Mr Ng noted that one of the most common feedback was that the Bill could have the "unintended and opposite effect of chilling food donation".
Mr Ng said that the Bill should not make it more onerous for donors to donate food.
"What it does is to strike a balance between encouraging food donation and at the same time safeguarding food safety and hygiene standards.”
Addressing suggestions for tax incentives, Mr Ng said one avenue could be providing subsidies or tax incentives for capital heavy equipment such as blast chillers, which can freeze cooked food and extend its shelf life.
However, he noted that financial incentives would require further study and can be considered for future implementation.
When it comes to labels, there are "other ways that a donor can communicate handling requirements and time limits" to recipients, such as text messages, said Mr Ng.
"We are mindful again that mandating labelling might be too onerous for some small donors and we don’t want this Bill to have the unintended effect of turning food donors away."
Similarly, requiring food donors to undergo training or accreditation may have the same deterrent effect. Smaller food charities and community groups were concerned that having accreditation and training requirements may hamper their work, said Mr Ng.
In conclusion, Mr Ng stressed that the point of the Bill was not just to urge people to donate food, but to have them rethink "throw away culture".
"Think about not wasting food in the first place. Change our habits.
"It is scary that food waste is so ingrained in our society now," he said, noting that some businesses he has spoken to say they already factor food waste into business costs.
