ATENEO de DAVAO UNIVERSITY

College of Law

FOOD WASTE REDUCTION:

AN ADVOCACY PAPER TO CREATE AN ORDINANCE PROVIDING FOR A SYSTEM OF
REDISTRIBUTING AND RECYCLING FOOD WASTE FROM FOOD-RELATED
ESTABLISHMENTS IN DAVAO CITY TO PROMOTE FOOD SECURITY

CONFESOR, KRISTINE G.
CUSTODIO, KENT BERNAN
GUMBAN, STEPHEN EDGARDO

A paper submitted in partial fulfillment of the

requirements for the course of
ENVIRONMENTAL LAW

2-MANRESA

20 March 2017
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I. INTRODUCTION

The Philippines is a country blessed with bountiful agricultural produce. Ironically, many Filipinos live in
hunger and in poverty. If the country is potentially capable of feeding its people with its harvest, then why
is it that many Filipino people still live in hunger? The gap between the two conflicting factual
circumstances are sought to be explored and remedied by the proponents of this advocacy paper.

Food is a necessity for human survival. However, around 840 million people go hungry every day. It is
not due to lack of food supply, because research has shown that the world produces enough food. The
Food and Agricultural Organization of the United Nations (FAO) has pointed out in 2011 that at least one-
third of the total food produced, around 1.3 billion tonnes, is lost along the supply chain or wasted due to
poor consumption decisions.

Most of the edible, uneaten food that are thrown out are those that are past their expiration or best
before dates. According to a 2013 report from the Natural Resources Defense Council (NRDC) and
Harvard Law Schools Food Law and Policy Clinic (FLPC), many Americans think their food is unsafe if
the date they see on the label has already passed. However, these dates are not indicators that the food will
make you sick; they only indicate when they are considered still fresh. Eating refrigerated food slightly
past its prime may not taste as good as eating it fresh, but in most cases, it's not going to harm you,
according to the report. Moreover, one British study suggests that misinterpreting expiration dates is
responsible for 20% of food waste. Therefore, majority of expired food that both retailers and
consumers throw away are in fact still edible and safe for human consumption. Unfortunately, f ood loss
and waste carries direct economic and environmental costs and depletes the natural resource base that
underpins food production. Food wastage has significant negative financial, social, and environmental
impact.

FINANCIAL IMPACT OF FOOD WASTE

In financial terms, food waste is estimated to cost the Chinese economy, for example, $32 billion and in
the United States, it is estimated that US$48.3 billion is thrown away each year. On a global scale, about
USD 750 billion worth of food was wasted in 2007, the equivalent of the GDP of Turkey or Switzerland,
and this value is a low estimate since it mainly considers producer prices and not the value of the end
product. In Britain, a survey has shown that A third of all food bought in Britain's High Streets - even
though perfectly edible - ends up in the bin. Britains Waste & Resources Action Programme (WRAP)
claims that 6.7 tonnes of food is thrown out with the rubbish at an estimated cost of 8bn per year.

Americans waste $640 of food each year, according to a new survey released by the American Chemistry
Council. In developing countries such as the Philippines, more than 40% of food loss occurs prior to
consumption during production, postharvest, and processing. The International Rice Research Institute
(IRRI) reports that rice losses reach around 15% in the postharvest stage. Each Filipino wasted an average
of 3.29kg/year, according to the Food and Nutrition Research Institute of the Department of Science and
Technology (FNRI-DOST). The estimated rice wastage was 296,869 metric tons (MT), which accounted
for 12.2% of the year's rice imports. The loss amounted to P7.3 billion. The discarded amount could have
fed more than 2 million Filipinos.

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Social Impact of Food Waste

Hunger affects 3.1million Filipino Families, according to a survey conducted by the Social Weather
Station. The total hunger rate increased from 11.7 percent in 2015 to 13.7 percent in 2016 (SWS, 2016).
There is a serious hunger and malnutrition problem in the Philippines. With a score of 20.1 in the 2015
Global Hunger Index, the Philippines is above the regional average. This makes the Philippines rank 51st
out of 117 countries measured.

The Philippine chronic malnutrition rate among children aged 0-2 was at 26.2%, the highest in 10 years,
according to a recent survey by the Food and Nutrition Research Institute (FNRI) of the Department of
Science and Technology (DOST).

According to a survey by the Philippine Statistics Authority last 2011, among 912,000 families in Region
XI, around 6.4 percent of them experienced hunger within the last three months. This correlates to more
than 58,000 families. In the same study, it showed that there were 300,000 poor families, and 14.8% of
them have experienced hunger because of lack of resources to buy food (National Statistics Office, 2011).

There are news reports of how people would wait outside restaurants waiting for the restaurant staffs to
bring out the garbage, so that they could rummage and collect stale, unsold, uneaten, or leftover food.
Melissa Alipalo, a social development specialist and a volunteer at the Philippine Community
Fund (PCF), explains that It is a private humiliation of the poor to have to eat off someone else's plate.
But it's a survival mechanism for the poorest of the poor." 1

Environmental Impact Of Food Waste

The production of food uses many resources, including land, water, and energy, and therefore has
significant environmental impact. Globally, the total amount of food wastage in 2007 represented the
production of 1.4 billion hectares of land, equal to about 30 % of the worlds agricultural land area, and
larger than the surface of Canada. Low-income regions account for about two-thirds of this total. The
major contributors to land occupation are meat and dairy products, with 78 % of the total, whereas their
contribution to total food wastage is 11%. A report by the FAO states that food wastage unduly
compounds the negative externalities that mono-cropping and agriculture expansion into wild areas create
on biodiversity loss, including mammals, birds, fish and amphibians. Agricultural production, in
particular food crops, is responsible for 66 % of threats to species in terrestrial systems. Land degradation
is also an important factor of food wastage. Most of the food wastage at the agricultural production stage
is in regions there is land degradation or where the soil is already in poor shape, thus adding undue
pressure on the land.

Globally, the consumption of surface and groundwater resources of food wastage (the so called blue water
footprint) is about 250 km, which is equivalent to 3.6 times consumption of the USA for the same period.
Moreover, animal products have, in general, a larger water footprint per tonne of product than crops. This
is one of the reasons why it appears more efficient to obtain calories, protein and fat through crop
products than through animal products. In the case of marine biodiversity, countries are fishing down the
1
http://edition.cnn.com/2012/04/30/world/asia/philippines-pagpag-slums/
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food chain, with fish catches increasingly consisting of smaller fish that are lower in the food chain, and
at a higher rate than the ability of the fish stocks to renew. Any waste depletes the resources even faster.

Food wastes also contribute to the greenhouse gas (GHG) emission burden. Indeed, if global food loss
and waste was a country, then it would be the third-largest CO2 emitter, after the US and China (FAO,
2013). Without accounting for GHG emissions from land use change, the carbon footprint of food
produced and not eaten is estimated to 3.3 Gtonnes of CO2-equivalent. Food waste is responsible for over
7% of the worlds GHGs, making it a key challenge in tackling climate change. (UNEP). There is also
the embedded energy costs of producing, packaging and transporting the food which produces the
equivalent of at least 15 million tonnes of carbon dioxide every year.

Certainly, food waste management is particularly greenhouse gas intensive, especially when allowed to
decompose at landfill.2 In fact, in a waste characterization study done in the landfills of Davao City, the
results of the study indicate that the waste stream is comprised of a large organic component. Compared
to the United States average composition of solid waste (Tchobanogous 1993), the City of Davao
generates a waste stream 2.3 times higher in food waste than the average waste stream in the United
States.

II. STATEMENT OF THE PROBLEM

Food security has been identified as an extremely urgent global priority in the
United Nations 2030 Agenda for Sustainable Development. 3 The unprecedented scale of
food waste throughout the world has indeed attracted attention for not only does it negatively affect our
finances and society, but it also affects our environment negatively. In Davao City alone, the proportion of
food waste found in the landfills was significantly higher than that found in the United States of America.
The organic component found in landfills contribute to more greenhouse gas emissions and also
contributes to breeding sites of pests and rodents, and it also pollutes our air and water. Instead of
donating edible food to those who are hungry and malnourished, there are some establishments who
throw it out with the trash. It is quite ironic since there is enough food to feed everyone, yet we would
rather choose to throw the food out rather than help feed our less fortunate Filipino brothers and sisters.
there is need for a regulating body to ensure that by diverting the food to centers dedicated to feeding the
hungry, not only will we be lessening the volume of garbage in our landfills, but also lessen the incidence
of hunger, malnutrition, and diseases of the unfortunate members of our community.

III. ZERO FOOD WASTE PROJECT:

FOOD RECYCLING AND REDISTRIBUTION SCHEME

In the explanatory note of Senate Bill 357, mention has been made of the Food Waste Hierarchy. A
diagram of it has been shown in a study where the Hierarchy identifies three plausible solutions to reduce
food waste. The most attractive option is to minimize food surplus, followed by distribution of food
surplus to groups affected by food poverty, and lastly, the option of converting food waste to animal feed.
2
http://www.thinkeatsave.org/downloads/UNEP-FW-Guidance-content-VERSION-WEB.pdf
3
http://www.mindanews.com/mindaviews/2017/03/commentary-for-the-con-com-food-
security-must-be-a-constitutional-right/
4
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The proposed ordinance to combat food wastage in Davao City contains provisions which would tackle
all three solutions. By virtue of the topmost solution in said hierarchy, the ordinance provides for the
campaign of food waste awareness to private sectors especially to food-related establishments being
logically the major source of food surplus. The remaining and most parts of the ordinance would outline
the structure of the food redistribution and recycling system which would separate the edible food surplus
from the inedible ones.

Edible food surplus from small-scale to large-scale food-related establishments will be collected by the
concerned agencies as may be provided by the ordinance who will also redistribute it to the food insecure.
On the other hand, inedible food surplus will be used for recycling for animal feed or by composting.

IV. SCOPE AND LIMITATIONS

This advocacy paper seeks to provide a definition of food wastage and formulate specific guidelines
in the implementation of programs that would enable food-related businesses in Davao City to donate
edible food waste to food banks and inedible food wastes to waste management and recycling enterprises.
It will not include individual households, non-food-related businesses, and other establishments not
otherwise specified.

V. CURRENT LAWS

The Philippine Constitution, being the supreme law of the land, shows us that it is really the function
of the State or Government to help its citizens as to the benefits of having a standard way of living
and to be blessed with the demands of social justice. As provided below, the Constitution firmly
declares in Article II that:

1987 Philippine Constitution

Art. II, SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.

Art. II, SECTION 10. The State shall promote social justice in all phases of national
development.

Art. II, SECTION 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.

Art. XIII SECTION 1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social, economic, and
political inequalities, and remove cultural inequities by equitably diffusing wealth and political

4
Papargyropoulou, E., Lozano, R., Steinberger, J. K., Wright, N., & bin Ujang, Z. (2014). The
food waste hierarchy as a framework for the management of food surplus and food
waste. Journal of Cleaner Production, 76, 106-115.
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 power for the common good. To this end, the State shall regulate the acquisition, ownership, use,
and disposition of property and its increments.

As what was provided above, the State shall help the people through the policies set forth by the same
and provide services which are just to help and promote the quality of life for all, as stated by Section
9 of said article above. Similarly, Section 10 states that social justice must be present in every stage of
development of the State, though we have different views on social justice, it is important that the
same is present to help the success of such development. As what was stated above, food is a
necessity for human survival. But many still go hungry everyday due to lack of food, and not its
shortage. The Constitution reminds the State that the people, which the latter governs, must be
protected and must stand benefited to all the policies which the State may make in the course of its
functions. The fact that social justice was embodied in the constitution shows that the people must
stand benefited in everything that the State shall do.

Section 15 provides that everyone has the right to health, it being an important factor. And Section 1
provides that cultural inequalities should be eliminated and the process provided by the Constitution
is to diffuse wealth and political power for the benefit of the common good. The fact that the people
cannot eat enough, as provided in certain studies above, shows that the health of the people is in
serious danger. The peoples health is also in danger due to the environmental impact of food waste
considering that we generate a waste stream that is higher than the average waste stream in the United
States. With this, the right to health can be posed as a serious issue in relation to food waste. In Davao
City, there is a certain ordinance which regulates the solid waste management, to lessen the negative
effects of the food waste. But to be sure, there must be more regulation on the matter to be certain
that it really is regulated.

Foreign Law related to the Issue

There is also a law outside the Philippines which adheres to the prevention of food waste, and its
regulation or management. France is one country which has in its laws such basis for the prevention
of food waste. Below is the pertinent provisions of the said French Law:

French Law

Re: a law against food waste

Article 1st

I. - After the sub-section 1 of Section 3 of Chapter Ist of Title IV of Book V of the Environmental
Code, inserted a subsection 1 bis reads:

"Subsection 1 a

"Fighting Food Waste

Art. L. 541-15-4. - The fight against food waste involves empowering and mobilizing
producers, processors and distributors of food, consumers and associations. Actions to combat
food waste are implemented in the following order of priority:

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 "(1) Prevention of food waste;

"(2) The use of unsold materials for human consumption, through donation or processing;

"Combating food waste includes raising awareness and training of all stakeholders, mobilizing
stakeholders at the local level and communicating regularly to consumers, in particular within the
framework of local waste prevention programs.

Art. L. 541-15-5. - I. - Distributors of the food sector ensure the marketing of their foodstuffs or
their valorization in accordance with the hierarchy established in Article L. 541-15-4. Without
prejudice to the rules on food safety, they cannot deliberately make their unsold food items
unsuitable for consumption or any other form of recovery provided for in Article L. 541-15-4.

"IV. - This Article shall not apply to food unfit for consumption 5

VI. CAUSE OF ACTION

Lack of ordinance specifically addressing food wastage and food insecurity in Davao City.

VII. DISCUSSION

According to the World Food Programme, there is enough food in the world for everyone, yet one

third of all food is wasted globally. Being a global issue, countries around the world took steps to reduce
tremendous waste and loss.

Global initiatives covering various sectors were recorded by the Foodtank in a series of articles. 6 In
Dubai, UAE, hotels and food establishments encourage their guests to avail of their wide range of
elaborate and often large meal options and their uneaten items are later incorporated to later meals. 7 With
touch of creativity, a restaurant in Berlin, Germany turns ugly vegetables at grocery stores and farmers
markets and turn them into delectable dishes at events they cater in the city. 8 In Singapore, the
government campaigns Zero Waste by getting Singaporeans to embrace the ugly food. 9 That is, food
that has blemishes and bruises are encouraged for consumers to buy and consume since these items are
still good food.

There are many ways in which food establishments may avoid causing excessive waste of food. In Texas,
restaurants are required to separate all compostable materials from their waste to reduce the amount of
waste sent to their landfills by 90%. 10 While a similar style to the kitchen in Germany which is the DC
5
http://www.senat.fr/leg/tas15-080.html
6
https://foodtank.com/news/2015/01/twenty-one-inspiring-initiatives-working-to-reduce-
food-waste-around-the-wo/
7
http://www.al-maha.com/ as cited in Foodtank
8
Culinary Misfits, Berlin Germany
9
http://www.zerowastesg.com/tag/food-waste/
10
http://austintexas.gov/environment/zero-waste
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Central Kitchen in USA, which also turns ugly produce to delicious food, only that they provide the food
to those in need in their area. Likewise, other states of the US and UK collect unattractive produce and
leftovers from cafeteria to distribute to local food shelters and 121,000 pounds of food have been
recorded as rescued by the Food Recovery Network since 2011 in Maryland, United States. In the
Bahamas, an organization called as Hands for Hunger is known in working to improve food security in
their locality while simultaneously reducing food waste. By mobilizing individuals and community
organizations, it collects unused food from grocery stores, hotels, and other businesses, which is then
distributed to low-income residents.

In the Philippines, the countrys initiative was first heard of when a Senate Bill No. 357 was introduced
by Senator Paolo Benigno Aquino IV, also known as Food Waste Act. This seeks to ultimately end the
cycle of having food end up in the trash instead of stomachs." This proposed legislation emphasizes the
use of food banks and the establishment of a community-based food distribution system for families
living in hunger.11 This bill inspired the group to create a similar scheme to address the same issue in
Davao City which is not at all exempt in facing the same issues of food wastage and hunger. Hence, the
group aims to arrive at a plan of action which would remedy the issue of food wastage and its undesirable
effects through the establishment of a community-based food recycling and distribution scheme.

VIII. PLAN OF ACTION

Considering the foregoing discussions, it is the advocacy of the group that there be a food
distribution and recycling scheme not only to reduce hunger, but to avoid the social and environmental
disadvantages caused by food wastage in Davao City. The proponents of this advocacy paper envision
that there be an ordinance which would create specific set of guidelines to materialize this system. The
same ordinance would establish a Zero Food Waste Committee to be headed by specific government
agencies and to be participated by private sectors as well.

IX. PROPOSED ORDINANCE

AN ORDINANCE PROVIDING FOR A SYSTEM OF REDISTRIBUTING AND

RECYCLING FOOD WASTE FROM FOOD-RELATED ESTABLISHMENTS IN
DAVAO CITY TO PROMOTE FOOD SECURITY

Article I

General Provisions and Coverage

Section 1. Title This ordinance shall be known as ZERO FOOD WASTE ORDINANCE.

Section 2. Declaration of Policies. It shall be the policy of the Local Government Unit of
Davao City to uphold the right of its constituents to adequate standard of living, including
sufficient food. The Local Government of Davao City shall safeguard food security, end
hunger, and promote the efficient use of the citys food resources. Towards this end, the Local

11
http://www.rappler.com/move-ph/issues/hunger/140756-senate-bill-zero-food-waste-act-
bam-aquino
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Government of Davao City shall pursue and implement a system designed to promote,
facilitate, and ensure the reduction of food waste through food redistribution and recycling.

Section 3. Coverage - The ordinance shall apply to food-related businesses in Davao city, such
as but not limited to food manufacturers, supermarkets, restaurants, cafeterias, and hotels.

Section 4. Definition of Terms As used in this ordinance, the following terms shall mean:

(a) Food insecure persons or groups of persons who have difficulty producing or
purchasing food to avoid hunger
(b) Edible Food Waste food discarded in the retail and consumption stages, determined
to be fit for consumption based on standards set by National Nutrition Council Region
XI
(c) Food Waste Reduction the decrease of food waste generation, the redistribution of
food waste to the food insecure or the recycling of food as fertilizer or compost
(d) Food-related businesses public and private businesses involved in the manufacturing
and processing, wholesaling and retailing, and serving food products.
(e) Food banks non-profit, charitable or other social mission-driven organizations that
distribute food to the food insecure
(f) Inedible food waste food discarded in the retail and consumption stages, determined
to be unfit for consumption based on standards set by the National Nutrition Council
Region XI
(g) Waste management and recycling enterprises organizations that manage inedible
food waste by converting these into fertilizers or compost

Article II

Zero Food Waste Scheme

Section 5. Citywide Zero Food Waste Campaign The National Nutrition Council Region XI
(NNC) in close coordination with the Department of Social Welfare and Development
(DSWD), Department of Trade and Industry (DTI), the Department of Health (DOH),
Department of Environment and Natural Resources (DENR), and the Local Government Units
(LGUs), shall undertake a Citywide Zero Food Waste campaign to promote awareness about
this ordinance, and the food waste reduction efforts required of food-related businesses through
the LGUs.

Section 6. Citywide Zero Food Waste Committee; Composition and Qualifications A

committee is hereby created to ensure compliance by the food establishments with the Zero
Food Waste Program as required by this Ordinance. The committee shall be composed from
following individuals in their ex-officio capacity:

(a) National Nutritional Council Region XI representative as head of the Committee

(b) Social Welfare Development Officer

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 (c) City Health Officer
(d) City Environment and Natural Resources Officer
(e) LGU

Section 7. Citywide Zero Food Waste Committee The committee shall have the following
functions

(a) Provide guidelines and standards for the collection, storage, and distribution of edible
food donated to food banks
(b) Ensure that the food businesses have entered into contracts with food banks and issue
acceptance certificates to food businesses
(c) Promote linkages between food banks and LGUs to create a community-based food
distribution system for the food insecure
(d) Create a self-sufficiency program that will provide the food insecure with skills
training on managing food banks and livelihood programs to avoid the dependence on
donation solely.

Article III

Compliance Guidelines

Section 8. Food-related Business Waste Reduction Strategy - Food-related businesses in Davao

city, such food manufacturers, supermarkets, restaurants, cafeterias, and hotels are hereby
mandated to:

(a) Submit an initial and annual report to the Committee that contains data on the amount
of its edible and inedible food waste in the immediately preceding year, organized
according to the manner of disposal, including donation, composting, or discarding.
(b) Enter into a contract with food banks to redistribute edible food waste to the food
insecure
(c) Shoulder the costs of transporting edible food waste from business location to the food
banks warehouse or distribution center
(d) Ensure the good condition of the edible food waste upon arrival at the food banks
warehouse or distribution center.
(e) Enter into a contract with waste management and recycling enterprises to recycle
inedible food waste into fertilizer or compost.
(f) Shoulder the costs of transporting inedible food waste from collection areas to waste
management sites
(g) Reach and maintain food waste levels at the target set by the Committee

Section 9. Local Government Unit Waste Reduction Strategy LGUs are hereby required to:

(a) Submit an initial and annual report containing data on the amount of inedible food
waste that can be recycled as raw material for fertilizers or compost to DENR

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 (b) Enter into a contract with waste management and recycling enterprises to recycle
inedible food waste from local food establishments into fertilizer or compost
(c) Shoulder the costs of transporting inedible food waste from collection areas to waste
management sites

Article IV

Final Provisions

Section 10. Penal Provisions/Penalties Failure to comply with this ordinance shall result to
the following:

(a) Suspension of the issuance of the Certificate of Compliance under this ordinance shall
be sanctioned to any food related establishment which fails to comply with the
requirements herein set forth until subsequent compliance. During such period of
suspension, the establishment shall not be allowed to operate in its usual business
activities.
(b) Payment of a fine of at least 1, 000 pesos but not more than 5,000 pesos for violation
shall be imposed upon any individual, private or public, who deliberately makes food
waste unfit for consumption. The same penalty is applicable to acts which prevent the
redirection of edible food waste to food banks or inedible food waste to waste
management and recycling enterprises.

Section 11. Periodic Review- the implementing agencies shall submit an annual report to the
City of Davao on the progress in the implementation of this ordinance.

Section 12. Separability Clause . If, for any reasons, any part or provision of this ordinance
shall be held unconstitutional or invalid, other parts or provisions that are not affected thereby
shall continue to be in full force effect.

Section 13. Non-retroactivity Clause this ordinance shall not have a retroactive effect to those
housing projects which were already granted locational permits

Section 14. Effectivity Clause this ordinance shall take effect 15 days following its
publication in at least 2 newspapers of general circulation in Davao City, and upon posting for
three consecutive weeks at conspicuous places in the City Hall.

X. CONCLUSION

Less waste in landfills, more food on peoples plates. The gap between ability to produce food, and
hunger of some fellow Davaoenos is becoming more apparent as the city grows towards urbanization. In a
developing city like Davao, more food-related businesses are most likely to emerge one after the other.
Inevitably, an increased risk of food loss and food wastage is to be anticipated. Nevertheless, the city
must be equipped to manage food distribution and waste recycling to avoid altogether the terrible effects
of letting food produce to fill up landfills, instead of plates.

Certainly, food waste is inevitable. However, not doing anything about the accumulation of these wastes,
will not only be costly but also environmentally degrading. The environmental toll for throwing away
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uneaten food must not be overlooked. To emphasize while facing the risk of being repetitious, food
wastes, if it takes up most of the landfill space produce methane gas which is one of the most harmful
atmospheric pollutants. 12

Food waste is a global issue, and due to the progress of this city, food waste has also become one of
our bigger problems that is usually overlooked. It is therefore the advocacy of the group that there be a
food distribution and recycling scheme not only to reduce food waste, but also to allot edible food to the
less fortunate which gives us a solution to put Less waste in landfills and more food on peoples plates.

12
http://modernfarmer.com/2013/09/next-food-revolution-youre-eating/
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