Question & AnswerQ&A (Republic Act No. 9803)
Republic Act No. 9803 is known as the "Food Donation Act of 2009".
The State aims to alleviate national poverty and reduce food wastage by encouraging the donation of apparently wholesome food for charitable purposes.
Apparently Wholesome Food refers to food that meets all quality and labeling standards imposed by pertinent laws and administrative regulations, even if it is not readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. It excludes milk products covered by Executive Order No. 51.
To 'Donate' means to dispose of an apparently wholesome food in favor of another, including giving such food for distribution even if a nominal fee is charged, provided the ultimate beneficiary is not required to give anything of monetary value.
Food includes any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for human consumption, in whole or in part.
Gross Negligence refers to voluntary and conscious conduct, including a failure to act, by a person who knew at the time that the conduct was likely to be harmful to the health or well-being of another person.
The Department of Social Welfare and Development (DSWD) serves as the main coordinating agency, with the Philippine National Red Cross as auxiliary.
No, a person who donates apparently wholesome food in good faith for charitable purposes is not subject to civil or criminal liability related to the food's nature, age, packaging, or condition, except in cases of gross negligence or intentional misconduct.
Liability applies if the injury or death results from gross negligence or intentional misconduct by the donor.
The DSWD, in coordination with the Department of Health, Bureau of Food and Drugs, National Nutrition Council, National Disaster Coordinating Council, Union of Local Authorities of the Philippines, and other relevant government and private entities.
The Act takes effect fifteen (15) days after its publication in at least one newspaper of general circulation.
Any law, presidential decree, issuance, executive order, letter of instruction, rule, or regulation inconsistent with this Act is repealed or modified accordingly.
The remainder of the Act or any unaffected provisions shall remain in force and effect.
Charitable purposes include philanthropic, humanitarian, and non-profit objectives benefiting the needy, poor, sick, prisoners, orphans, and similar groups.