Title
Food Donation Act of 2009 summary
Law
Republic Act No. 9803
Decision Date
Nov 25, 2009
The Food Donation Act of 2009 aims to reduce food wastage and alleviate poverty in the Philippines by encouraging the donation of apparently wholesome food for charitable purposes, providing protection for donors, and designating coordinating agencies for implementation.
A

Declaration of Policy

  • Aims to alleviate national poverty and reduce food wastage.
  • Encourages donation of apparently wholesome food for charitable purposes.

Definitions

  • "Apparently Wholesome Food": Food meeting quality and labeling standards but not readily marketable due to appearance, age, freshness, surplus, etc. Excludes certain milk products.
  • "Donate": Giving apparently wholesome food to another for distribution, even with a nominal fee, provided no monetary value is required from the beneficiary.
  • "Food": Any edible substance or ingredient intended for human consumption.
  • "Gross Negligence": Voluntary conduct or omission likely harmful to health, with knowledge of harm.
  • "Intentional Misconduct": Conduct knowingly harmful to health or well-being.
  • "Charitable Purposes": Philanthropic, humanitarian, and non-profit objectives benefiting needy groups.

Coordinating Mechanism

  • Department of Social Welfare and Development (DSWD) is the main coordinating agency.
  • Philippine National Red Cross serves as an auxiliary in implementation.

Liability for Donated Food

  • Donors not liable civilly or criminally for donated food in good faith due to nature, age, packaging, or condition.
  • Liability applies only if injury/death results from gross negligence or intentional misconduct.

Implementing Rules and Regulations

  • DSWD, with DOH, Bureau of Food and Drugs, National Nutrition Council, and others, to formulate rules within 90 days from effectivity.

Repealing Clause

  • Inconsistent laws, decrees, orders, or regulations are repealed or modified accordingly.

Separability Clause

  • If parts are declared unconstitutional, the rest remains effective.

Effectivity Clause

  • Law takes effect 15 days after publication in a newspaper of general circulation.

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