Calls to prioritise safety in debate on food donation law after recent food poisoning episodes

MPs have called for food donors and rescuers to be thoroughly trained in handling large amounts of food safely, as they debated a proposed law that encourages the donation of unsold food while protecting businesses from lawsuits.

The Good Samaritan Food Donation Bill – conceptualised by Mr Louis Ng (Nee Soon GRC) four years ago – seeks to shield donors from liability for any deaths or health issues resulting from the consumption of donated food, as long as strict hygiene and safety protocols are met.

Debating the Bill in Parliament on Aug 6, MPs stressed the need to prioritise food safety after recent mass food poisoning incidents involving TikTok parent company ByteDance and the Civil Defence Academy campus.

On July 30, about 130 people who ate catered food at the ByteDance office in One Raffles Quay fell ill with symptoms of gastroenteritis.

As at July 31, 17 people were hospitalised but in stable condition. The rest had sought outpatient treatment, self-medicated or recovered without treatment.

On July 23 and 24, a total of 165 Singapore Civil Defence Force (SCDF) personnel fell sick at the Civil Defence Academy campus in Jalan Bahar. SCDF said those affected experienced mild gastroenteritis, abdominal discomfort and diarrhoea.

Citing the two incidents, Mr Yip Hon Weng (Yio Chu Kang) said: “Recent incidents... serve as stark reminders of the risks associated with large-scale food handling. These situations, often involving catering or bulk cooking, can increase the likelihood of issues such as undercooking, improper storage, and prolonged exposure to hot weather.

“It is also precisely such events, where large volumes of food might otherwise go to waste, that could benefit most from the food donation framework established by this Bill. Therefore, we must be particularly vigilant in mitigating the risks.”

Mr Yip and Mr Don Wee (Chua Chu Kang GRC) urged the authorities to provide measures to train donors and volunteers handling large quantities of food, and emphasise best practices for safe storage and transportation of the food items.

Mr Wee also suggested that businesses keep records of the food donated to ensure traceability in case any issues arise.

The Private Member’s Bill elicited bipartisan support from the four MPs who spoke on it on Aug 6, including those from the Workers’ Party (WP) and the Progress Singapore Party (PSP). The debate will continue on Aug 7 with about 10 more MPs expected to speak.

Presenting the Bill for debate, Mr Ng said food businesses and charities must fulfil four conditions to be shielded from lawsuits if a recipient gets food poisoning after eating their donated food.

The food must be safe and suitable for consumption when it leaves the caterer or business. The food donor must also provide the recipient with know-how to ensure that the food remains safe – with specific instructions on refrigeration, heating and storage, for example.

The recipient must be informed by the donor of the time limit for consuming the food, with proper documentation. The caterer or business should also take all reasonable measures to comply with food safety and hygiene requirements spelt out in law.

Mr Ng said the proposed law is designed in such a way that if any food safety issue arises with the donated food, the Singapore Food Agency (SFA) can still investigate and take enforcement action.

He added: “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.

“I should stress that the defendant seeking protection has the burden of proof.”

Under the proposed law, the following can be considered food donors: an individual, a community food rescue group, a religious organisation, eateries, soup kitchens, grocery stores or a registered food charity.

The types of food that can be donated include packaged or canned items, cooked food, drinks, pastries and bread, and fruits and vegetables. Any person can receive food donations, but the MPs highlighted that this law will particularly benefit those who are less well-off and food-insecure.

On food safety, Mr Yip asked the authorities to consider guidelines for clear and consistent allergen labelling on donated food.

“Greater efforts could be made to educate food donors on best practices for minimising allergen consumption risks, such as avoiding cross-contamination and providing accurate ingredient information,” he said.

Currently, food rescuers and businesses such as Food Bank Singapore and Tung Lok’s events and catering arm have been signing indemnity forms to release themselves from any claims in the event of a mishap. 

To encourage less food wastage, PSP Non-Constituency MP Hazel Poa suggested that tax reliefs can be given to food businesses that donate unsold food instead of discarding it. For donors who face logistical hurdles in transporting food, tax incentives can be given to delivery services, she added.

WP MP Jamus Lim (Sengkang GRC) asked why this particular Good Samaritan law, which waives liability in a voluntary context, is deemed necessary, while a similar law in the context of protecting bystanders from liability in emergency situations, is not.

Good Samaritan laws are put in place to encourage bystanders to come forward. In places such as British Columbia in Canada and Australian states, the laws protect them from damages for injury or death, unless the person is grossly negligent.

In response, Leader of the House Indranee Rajah, who also referred to past parliamentary replies, said that in Singapore, the Government has not encountered reluctance on the part of citizens to step forward to help in emergency situations, and helpful bystanders do not face any major liability concerns.

Hence, the Law Ministry assessed that there is no need to introduce a Good Samaritan law here on emergency assistance, though the authorities will review this position if the need arises, she added.

Source: Straits Times © SPH Media Limited. Permission required for reproduction.

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