Dear PAO,

I own a food processing business that produces meat products. There are times when some products, although safe to eat, fail to meet our quality standards for marketing. As a result, such products cannot be sold to our customers. I want to know if I am allowed to donate them, and if so, will I be liable for any untoward occurrence that may result from my donation?

Nancy

Dear Nancy,

Please be informed that Sections 2, 3 (a) and 5 of Republic Act (RA) 9803, otherwise known as the “Food Donation Act of 2009,” provide:

“Section 2. Declaration of Policy. – It is the policy of the State to alleviate national poverty and reduce food wastage. As such, the State shall implement measures to encourage the donation of apparently wholesome food for charitable purposes.

“Section 3. (a) ‘Apparently Wholesome Food’ refers to food that meets all quality and labeling standards imposed by pertinent laws and administrative regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. It does not include milk products as defined and covered under Executive Order No. 51, the ‘National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products. xxx

“Section 5 Liability for Damages from Donated Food. – A person, whether natural or juridical, shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food that a person donates in good faith for charitable purposes. This shall not apply, however, to an injury or death of an ultimate beneficiary of the donated food that results from an act or omission of a person constituting gross negligence or intentional misconduct.”

Further, Article 7 of the law’s Implementing Rules and Regulations provides:

“Article 7. Coordinating Mechanism. – To ensure effective and sustained inter-agency and multi-sectoral coordination, the Department of Social Welfare and Development (DSWD) shall serve as the main coordinating agency together with the Philippine Red Cross (PRC) as auxiliary for the implementation of these Rules.”

Pursuant to the aforementioned provisions of the law and its implementing rules and regulations, as part of the government’s effort to alleviate national poverty and reduce food wastage, the donation of apparently wholesome food for charitable purposes is encouraged. To ensure the safety of the donated food products, and for their proper dissemination, any person who intends to give food as a donation should coordinate with the DSWD. It was likewise provided under the law that any person who has given or donated a food product is not liable for any untoward occurrence that may result from such a donation, provided that the donation was made in good faith for charitable purposes. Nevertheless, any person whose act or omission constituting gross negligence or intentional misconduct causes injury to or the death of a beneficiary shall be subject to civil or criminal liability that may arise therefrom.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Question for Chief Acosta may be sent to [email protected]