Second Reading of Good Samaritan Food Donation Bill (Private Member's Motion)

SPEECH BY BAEY YAM KENG, SENIOR PARLIAMENTARY SECRETARY FOR SUSTAINABILITY AND THE ENVIRONMENT, AT THE SECOND READING OF THE GOOD SAMARITAN FOOD DONATION BILL ON 7 AUGUST 2024

1 The Ministry of Sustainability and the Environment supports food waste reduction, whilst ensuring supply of safe food for Singapore.

Reducing food waste

2 Reducing food waste helps us realise our vision of a zero-waste nation. The total amount of food waste generated in Singapore in 2023 was 755,000 tonnes, which accounted for about 11 per cent of the total waste generated in Singapore. We support the Good Samaritan Food Donation Bill as we believe it will help reduce food waste by facilitating the donation of surplus food to beneficiaries.

3 Mr Yip Hon Weng asked about my Ministry’s broader goals in managing food waste. Mr Speaker, food waste is a priority waste stream under the Zero Waste Masterplan, and we have implemented a range of efforts under the Masterplan. We have set out regulatory measures in the Resource Sustainability Act that progressively require, from 2024, large commercial and industrial food waste generators to segregate food waste for treatment or conversion into useful products, and to submit annual food waste reports. Concurrently, we are building up our food waste treatment capacity through the construction of the upcoming Food Waste Treatment Facility, which will produce biogas and boost electricity generation.

4 The preferred way to manage food waste is to avoid food production in excess of consumption at the onset. We encourage all food establishments, including manufacturers, caterers, and retailers, to review processes and practices, to reduce the incidence of excessive food production upstream. Stakeholders may consult the food waste minimisation guidebooks available on NEA’s and SFA’s websites. Where there is unsold or excess food, we support food donation as a possible avenue to reduce wastage. The Good Samaritan Food Donation Bill thus complements existing efforts to reduce food waste, by facilitating food donation which would then avoid the need for food waste treatment and its associated operational costs. Ms Hazel Poa, Mr Yip Hon Weng, Ms Jean See, Ms Rachel Ong, and Ms Joan Pereira suggested further measures to encourage food waste reduction through food donations. We thank the Members for their suggestions and will study them further together with MSF as they continue to look at ways to strengthen efforts in the food support space.

Safety of donated food as a joint responsibility

5 As we facilitate and support measures that reduce food waste, we must also ensure that the donated food is safe and suitable for our consumption.

6 Mr Don Wee and Mr Gan Thiam Poh spoke about food safety risks and the importance of ensuring that donors with ill intentions do not misuse the protection accorded by the Good Samaritan Food Donation Bill. The Bill aligns with MSE and SFA’s approach to assure food safety, and strikes a balance of roles and responsibilities among various parties. It makes clear that the safety of donated food is a joint responsibility of the government, food donors, intermediaries such food distribution organisations and consumers.

7 MSE and SFA are responsible for establishing the regulatory framework for food safety and providing an enabling environment for the food industry. Mr Don Wee, Ms Hany Soh, and Mr Edward Chia mentioned the need for clear guidelines and standards to guide food donors. Mr Yip Hon Weng asked about how we could ensure that food donors are well-informed and fully compliant with existing food safety and hygiene regulations. Since 2021, SFA has published a set of guidelines for food safety practices during the preparation, delivery, storage and distribution of food for charitable causes. These guidelines are refreshed periodically to ensure their continued relevance to food donors and food distribution organisations, and they are available online.

8 Mr Don Wee, Mr Yip Hon Weng, Mr Zhulkarnian, and Ms Ng Ling Ling also mentioned other measures to ensure that food donors maintain proper food safety standards, such as the need for training of staff and volunteers, maintaining records for accountability and tracing, and regular inspections. These are good food safety practices which SFA will continue to raise awareness of and educate the food industry, food distribution organisations and consumers on. Where feedback is received and preliminary checks suggest food safety lapses, SFA will also utilise its levers, including inspection, sampling and testing, to investigate and take action.

9 Food donors and food distribution organisations continue to have a responsibility to ensure the safety of the food they are donating or distributing. For example, premises and equipment for food preparation and distribution should be kept clean and well-maintained, and employees and volunteers handling the food should adopt good hygiene practices. Recipients should also be advised by food donors and food distribution organisations on measures they could take to ensure food safety, such as checking the condition of food upon receipt and consuming it within the recommended timeframe.

10 To this end, MSE and SFA support the inclusion of the four conditions in the Good Samaritan Food Donation Bill that food donors must comply with, before the protection from criminal and civil liability can apply.

11 First, the food should not have been unsafe and not unsuitable at the time it left possession or control of the food donor. Second, the food donor should have informed the recipient of any food handling requirements to ensure that the donated food remained safe and suitable. Third, the food donor should have informed the recipient of any time limit beyond which the food would no longer have remained safe and suitable. Last, the food donor should have taken all reasonably practicable measures to comply with any applicable requirement under any written law related to food safety and hygiene when handling the food to be donated.

12 These conditions provide clarity to donors on the requirements that they should meet in order to be eligible for protection from any criminal or civil liability arising from food safety incidents. To address Ms Ng Ling Ling’s query on whether MSE would be the authority to revoke the waiver of liability if food safety breaches occur, the Bill does not warrant the need for revocation of waiver as food donors would automatically forfeit their protection under the Bill if they failed to meet any of the four conditions. The conditions thus provide assurance to food donation recipients that donors would have taken necessary measures to safeguard the safety of the food that they provide.

13 Recipients of donated food also have a part to play to ensure food safety. They should exercise due diligence and take responsibility in noting the information provided by donors or food distribution organisations, so that the donated food remains safe and suitable to consume.

Bill does not impede SFA’s regulation of food safety

14 While the Bill facilitates food donation, it does not impede SFA’s responsibilities as a regulator, or its ability to investigate food safety lapses and take action against non-compliance with food safety directions. Ms Joan Pereira and Ms Ng Ling Ling asked about MSE and SFA’s enforcement and investigation processes. Mr Jamus Lim also enquired on what would happen when donors do not follow safety guidelines. In the event of food safety incidents, SFA will continue to conduct investigations to determine the facts of the case and take appropriate measures to manage the risk to food donation recipients. The Director General (Food Administration) can issue directions to suspend food donation or distribution activities, until appropriate rectification has been done.

15 MP Rachel Ong asked whether intermediary food rescue groups would be held liable if food was found to be unsuitable and unsafe. The Bill covers all food donors, including food distribution organisations such as food charities, which distribute food donated by others for charitable purpose. If the donor or food distribution organisation is found to have donated or distributed unsafe or unsuitable food, or did not take reasonable measures to ensure food safety, they would not be protected from liability under the Good Samaritan Food Donation Bill, as they would have failed to meet the conditions stipulated in the Bill.

16 SFA will continue to be judicious in its investigations and will only take action against the errant party. For example, if a food distribution organisation 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 food donor, the donor would be held responsible while the food distribution organisation will continue to enjoy the protection under the Bill.

Strengthening SFA’s regulatory powers through FSSB

17 To better assure food safety in food donation activities, MSE and SFA will be strengthening SFA’s regulatory powers through the upcoming Food Safety and Security Bill (FSSB). As announced earlier this year, the FSSB will bring together food safety and security legislation from eight existing Acts into one Act and provide an overarching framework to ensure coherence across the entire food value chain. We are currently engaging and consulting relevant stakeholders on FSSB. 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, beyond the sale of food.

18 For example, Mr Jamus Lim and Mr Yip Hon Weng spoke about the importance of clear and accurate labels on donated food, containing information such as the presence of cooked food and allergens. 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.

19 The Good Samaritan Food Donation Bill will complement the upcoming FSSB, by requiring food donors and food distribution organisations to comply with prevailing food safety requirements, before protection from criminal and civil liability can apply.

Conclusion

20 To conclude, the Good Samaritan Food Donation Bill will help encourage donation of surplus food and contribute to reducing food waste. Importantly, this will be conducted in a manner that does not compromise food safety and consumer health. It also provides assurance to food donation recipients that reasonable measures have been taken to ensure food safety.

21 On that note, my Ministry and I support the Bill.