Eateries and charities can soon donate unsold food without worry if safety rules are met

Eateries and food businesses can soon have greater peace of mind when donating unsold food, with a new law protecting them from lawsuits as long as they comply with strict food safety and hygiene laws.

The Good Samaritan Food Donation Bill was passed in Parliament on Aug 7, with unanimous support from more than 15 MPs, including those from the Workers’ Party (WP) and the Progress Singapore Party.

The upcoming law aims to protect food donors against liability in the event of a food poisoning incident. At the same time, it will reduce food waste while helping people who need food, including the low-income and less well-off seniors.

Food waste comprised about 11 per cent of the total waste generated in Singapore in 2023.

At the heart of the Private Member’s Bill – tabled by Mr Louis Ng (Nee Soon GRC) – are four conditions that food businesses and charities must comply with before they can be shielded from lawsuits.

The food must be safe and suitable for consumption when it leaves the caterer or business.

The donor must provide the recipient with instructions on how to keep the food safe, for example, details on refrigeration, heating and storage.

Also, the donor must tell the recipient the time limit for consuming the food, with proper documentation.

And finally, the caterer or business should take all reasonable measures to comply with food safety and hygiene requirements spelt out in law.

Speaking at the debate, Senior Parliamentary Secretary for Sustainability and the Environment Baey Yam Keng said his ministry and the Singapore Food Agency (SFA) support the inclusion of the four conditions.

He explained that if a food charity or distributor had done its due diligence to ensure the food was safe and suitable when it left its possession, but unknowingly passed on erroneous information from the donor, the donor would be held responsible while the distributor will be protected under the Good Samaritan Food Donation Bill.

The issue of food safety in food donation activities will be folded into the upcoming Food Safety and Security Bill (FSSB), said Mr Baey. The Bill consolidates eight existing food-related legislations and gives SFA new powers to ensure a supply of safe food.

“Given that similar food safety risks exist in both sale and donation of food, we intend to extend food safety requirements in the FSSB to cover food donation and distribution activities,” he added.

On Aug 6 and 7, a few MPs called for clear labels – with information on cooked food and allergens – for donated food.

“These are current requirements for food that is sold, which we are looking to extend to all food, whether sold or donated, under the FSSB,” said Mr Baey.

WP MP Jamus Lim (Sengkang GRC) sought clarification on the time limit for consuming food. He asked if leftover food that had been in a buffet line for 4½ hours could be sent to a youth hostel, for instance.

Under existing regulations, catered cooked food should be consumed within four hours if it is not kept chilled or hot above 60 deg C.

Mr Ng said the four-hour rule is a written law, and donors must comply with it to avoid liabilities. He asked for subsidies to be given to food businesses to buy expensive food safety equipment such as blast chillers.

“These chillers can be used to quickly freeze cooked food, extending its shelf life beyond the normal four-hour mark and making it easier to donate,” he said.

Some MPs, including Mr Gan Thiam Poh (Ang Mo Kio GRC) and Ms Rachel Ong (West Coast GRC), asked to clarify the difference between “expiry”, “best before” and “use by” date labels.

“Understanding the difference between safety-based versus quality-based date labels is crucial to reducing household food waste,” said Ms Ong.

In his closing address, Mr Ng said food items that are past those dates will not be protected under the Bill, but added that the Ministry of Sustainability and the Environment is looking into the difference between the three labels.

He added that logistics and transport providers will not be covered under the Bill, for now.

With more food donations expected moving forward, MPs also suggested ways to smoothen logistical processes.

Mr Edward Chia (Holland-Bukit Timah GRC) said Community Development Councils and food charities can house food distribution hubs in neighbourhoods. Cold storage facilities in those hubs can help to extend the shelf life of perishable items.

The Food Bank Singapore said donors will need to familiarise themselves with the Bill, and handle and transport cooked food safely. The charity is open to sharing best practices with new donors.

Of the 755,000 tonnes of food waste churned out in 2023, less than 20 per cent of it was recycled.

From 2024, large commercial and industrial facilities that generate food waste need to segregate such waste for treatment or upcycling, and submit annual food waste reports.

Mr Baey said the upcoming treatment facility at Tuas Nexus will expand the country’s capacity to treat food waste. The facility will convert the waste into biogas for electricity.

Mr Eric Chua, Senior Parliamentary Secretary for Social and Family Development, hopes that the food donation law will draw more donors that can provide a range of food choices for recipients.

He said: “For diabetic patients, for instance, white rice and sugar – items that are often found in standard ration packs – would be of little help for them.”

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

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