FOOD DONATION ACT Hunger Crisis THESIS STATEMENT Large amounts of apparently wholesome food are wasted everyday

by hotels, restaurants, supermarkets, etc. These surplus food can be donated to address the poverty issue and curtail food wastage in the country. PREPARATORY STATEMENT HUNGER Hunger is the most extreme form of poverty. Families who are not food secure cannot afford to meet their most basic need for food. HUNGER FACTS This year (as every year) 11 million children younger than 5 will die needlessly, more than half from hunger-related causes. Few of these deaths are related to outright starvation, but rather to common illnesses (like diarrhea, acute respiratory illness, malaria and measles) that move in on vulnerable children whose bodies have been weakened by hunger. Worlds Poorest Nations Hunger Statistics o 27% of children under 5 are moderately to severely underweight, o 10% are severely underweight, o 8% of children under 5 are moderately to severely wasted, or seriously below weight for ones height, o and an overwhelming 32% are moderately to severely stunted, or seriously below normal height for ones age. In the developing world, more than 1.2 billion people currently live below the international poverty line, earning less than $1 per day. o Among this group of poor people, many have problems obtaining adequate, nutritious food for themselves and their families. o As a result, 815 million people in the developing world are undernourished. o They consume less than the minimum amount of calories essential for sound health and growth. Undernourishment negatively affects peoples health, productivity, sense of hope and overall well-being. o A lack of food can stunt growth, slow thinking, sap energy, hinder fetal development and contribute to mental retardation. o Economically, the effort of constantly securing food consumes valuable time and energy, allowing poor people less time for work and earning income. Pregnant women, new mothers who breastfeed infants, and children are among the most at risk of undernourishment.
CHRONIC HUNGER

Chronic hunger -- or food insecurity -- is as devastating to families, communities, and countries as is famine. Chronic hunger claims more victims than famine each year -- by far. Chronic hunger affects more than 800 million people in the world and is, in and of itself, a potentially deadly condition. It has little to do with food shortages. Global supplies of food far outstrip demand. Far more people die from causes related to chronic hunger than to famine. Chronically hungry people are exceptionally vulnerable when famine strikes. They have fewer resources to protect themselves and their families and are already living on the margin of survival.

CAUSES OF CHRONIC HUNGER Poverty. Poor people do not have the resources -- whether land, tools or money--needed to grow or buy food on a consistent basis. Armed Conflict. War disrupts agricultural production, and governments often spend more on arms than on social programs. Environmental Overload. Over-consumption by wealthy nations and rapid population growth in poor nations strain natural resources and make it harder for poor people to feed themselves. Discrimination. Lack of access to education, credit and employment -- a recipe for hunger -- is often the result of racial, gender or ethnic discrimination. Lack of Clout. Hunger is caused by powerlessness. People who don't have power to protect their own interests are hungry. The burden of this condition falls most acutely on children, women and elderly people. EFFECTS OF CHRONIC HUNGER High Infant Mortality Rates. Malnourished women are more likely to be sick, have smaller babies, and die earlier, resulting in high levels of infant mortality in areas where chronic hunger is a problem. And where infant and child mortality is high, birth rates are also high, locking these communities in a vicious cycle of malnutrition and death. Vulnerability to Common Illnesses. More than two million children die every year from dehydration caused by diarrhea. A malnourished child often lacks the strength to survive a severe case of diarrhea. Increased Risk of Infection. A malnourished child has a weakened immune system, making the child more vulnerable to infection. Infections cause lack of appetite and further compromise the child's ability to fight off recurrent and lingering infections. Acute Vulnerability in Times of Disaster. A communitys poorest families are already living on the edge of survival. Unexpected shocks, such as crop failure, floods, epidemics, locusts or typhoons result in devastation and almost certain death to some members of the family. Impediments to Development. Chronic hunger deprives children of the essential proteins, micronutrients and fatty acids they need to grow adequately. Globally, it is estimated that nearly 226 million children are stunted -- shorter than they should be. In addition, stunted children score significantly lower on intelligence tests than do normal children.

Impediments to Economic Growth. For the nearly 67 million children who weigh less than they should due to chronic hunger, completing school is an unlikely reality. Studies have shown that underweight children will probably spend fewer years in school, which, in turn, has a measurable impact on how much they earn in adulthood.

HUNGER IN THE PHILIPPINES The Social Weather Station (SWS) Survey o an increasing number of people have experienced severe hunger, 4.2 percent or 760,000 families, o and that overall hunger statistics showing 2.9 million Filipino families experiencing involuntary hunger are still above the ten-year average. The July 2008 Pulse Asia Survey o The survey revealed that 66 percent or two in every three households are spending less on food to be able to make their budget fit for their daily needs. o Of these, 24 percent has been reducing their rice consumption and spending while 55 percent has been limiting their expenditures on other food items. World Bank computes the percentage of the food budget to income at 50 to 70 percent. Family Income and Expenditure Survey (FIES) of the National Statistics Office o 80 percent of Filipino families are struggling to survive on P284.33 ($6.41 at an exchange rate of $1=P44.34) a day; o And with an average family size of five, this translates into 68.2 million Filipinos subsisting on P56.87 ($1.28) a day. o If these families allot 70 percent of their income to food, that means P39.809 ($0.897) is budgeted per person for three meals. o Only P17.06 ($0.38) is left for transportation and other expenses such as communications, clothing and footwear, education, personal care items, fuel, light, water, and rent. o The P17.06 ($0.38) budget for these is only enough for a fourkilometer jeepney ride back and forth. FIES concluded that only 42.6 percent of the family income is allocated for food. o If only 42.6 percent of the familys income or a meager P121 ($2.728) is, on the average, spent on food for five people then P 163 ($3.676) per day or P4,890 ($110.28) per month is budgeted for transportation and communications, clothing and footwear, education, personal care, fuel, light, and water, and rent. o More or less one half of this would already be eaten up by expenses for transportation alone, that is, if all the five members of the family do not travel beyond four kilometers from their house. o If the workplace of the parents and the school of the children are beyond four kilometers, all the remaining budget of the family would be spent for transport fare. With the skyrocketing prices of basic goods and services and the free falling of the real income of families, the only item left for the 80 percent

of the population to scrimp on is food as too little is already allotted for other essentials. The P39.809 ($0.897) per person for three meals is only about P13.26 ($0.30) per meal. It is worse if only P121 ($2.728) per day is spent on food, if we are to base the computation on the results of the FIES, which claims that only 42.6 percent on the average is allotted for food. This translates to a meager P24.20 ($0.545) per person per day or P 8 ($0.18) per person per meal. PAGPAG Even food prepared from pagpag (literally to dust off) or recycled left-over food retrieved from waste bins costs P10 ($0.225) already in urban poor communities. LEGISLATIVE ACTIONS FOOD DONATION ACT IN THE UNITED STATES The 1995 Market Potential Report found that 83% of more than 240 companies polled cited liability concerns as the single greatest factor in determining if their company woulddonate excess food. THE BILL EMERSON GOOD SAMARITAN ACT The Bill Emerson Good Samaritan Food Donation Act converts Title IV of the National and Community Service Act of 1990, known as the Model Good Samaritan food Donation Act, into permanent law, within the Child Nutrition Act of 1966. Congress passed the legislation in late September 1996 and President Clinton signed the bill into law on October 1, 1996. The Act is designed to encourage the donation of food and grocery products to nonprofit organizations such as homeless shelters, soup kitchens, and churches for distribution to needy individuals. In 1996, the Bill Emerson Good Samaritan Food Donation Act was signed to encourage donation of food and grocery products to non-profit organizations for distribution to needy individuals The Good Samaritan Act effectively supports organizations that want to donate products. It enables people to join in the fight against hunger without worrying about the liabilities that existed prior to the ratification of the Act. This Act helps organizations be good neighbors to our community members in need. THE LAW The law protects good-faith food donors from civil and criminal liability, should the product later cause harm to its recipient. The Emerson Act gives uniform federal protection to food donors who may cross state line. Meaning, it standardizes donor liability, providing the same protection in all fifty states.

The Act promotes food recovery by limiting the liability of donors only to instances of gross negligence or intentional misconduct. The Act further states that, absent gross negligence or intentional misconduct, volunteers, non-profit organizations, and businesses shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or apparently fit grocery products received as donations. It also establishes basic nationwide uniform definitions pertaining to donation and distribution of nutritious foods and helps assure that donated foods meet all quality and labelling standards of federal, state, and local laws and regulations.

WHO IS PROTECTED BY THE LAW The law protects food donors, including individuals, and non-profit feeding programs that act in good faith. While exceptions are made for gross negligence, the law states that test groups will not be subject to civil or criminal liability. More specifically, the law protects individuals, corporations, partnerships, organizations, associations, governmental entities, wholesalers, retailers, restaurants, caterers, farmers, gleaners, non-profit agencies, and more. WHAT SORT OF FOOD IS PROTECTED The Emerson Act provides protection for food and grocery products that meet all quality and labelling standards imposed by federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus or other conditions. THE PRICE OF WASTED FOOD IN 1997 Over one fourth of all food produced for human consumption goes to waste. The annual value of this excess food is estimated at around $31 billion. Food waste is the third largest portion of the U.S. waste stream, yet at a recovery rate just under 3%, it is currently the least recovered portion. . FOOD WASTE In 1997, nearly 22 million tons of food waste were generated nationally, accounting for 10% of the total waste stream by weight. In Wisconsin, 406,190 tons of residential and commercial food waste were generated in 1995, making up 11% of Wisconsins municipal waste stream. Organic residues can represent 75 to 90 percent of a supermarkets total waste stream and in schools, restaurants, and personal care facilities, organic materials make up an average of 74 percent of the total waste stream. With such large portions of their waste streams available for food rescue or composting, grocery stores, restaurants and food processing facilities have an opportunity to divert substantial amounts of food waste from Wisconsin landfills BENEFITS OF FOOD DONATION Many businesses and corporations have already joined the fight against hunger.

Corporations such as the Associated Food Dealers of Michigan, American Express, Boston Market, Kentucky Fried Chicken, Kraft Foods, Inc., Marriott International, Northwest Airlines, and Pizza Hut have formed coalitions with community-based food recovery programs to help their neighbors in need. Food recovery programs need volunteers, office equipment, transportation, computer help, and organizational talent. Participation in food recovery benefits the company, its customers, its employees, and its community. It increases the business visibility, and the workplace volunteer spirit spills over into the larger society to help build a more cohesive local community. To help in the fight against hunger and demonstrate commitment to the community, businesses and corporations can start or join a food recovery program, or: o Encourage, recognize, and reward employees and other individuals for volunteer service to the community. o Increase employee awareness of local hunger and provide training to make employees more useful volunteers. o Sponsor radio and television air time for community organizations that address hunger. o Donate excess prepared and processed food from the employee cafeteria or from special events to local food recovery programs. o Donate transportation, maintenance work, or computer service. o Prepare legal information on donor considerations such as Good Samaritan laws and food safety and quality.

FOOD DONATION BILLS IN THE PHILIPPINES Thirteenth Congress Sen. Richard J. Gordon o SBN 1710: Food Donation Act An Act to Encourage Food Donation for Charitable Purposes o Filed on August 10, 2004 Sen. Ramon Magsaysay Jr. o SBN 1534: Good Samaritan Act of 2004 An Act to Promote Donations in Good Faith of Medicines, Food Products or Supplies by Establishments and other Entities, Including Individuals, by Exempting Them from Any Form of Liability Arising Therefrom o Filed on July 28, 2004. Fourteenth Congress Sen. Richard J. Gordon o SBN 150: Food Donation Act of 2007 An Act to Encourage Food Donation for Charitable Purposes o Filed on June 30, 2007 o The bill adapts the principle of the Federal Bill Emerson Good Samaritan Food Donation Act which encourages the donation of food and grocery

products to non-profit organizations for distribution to needy individuals by providing a standardized donor liability exposure. o The Act promotes food recovery by limiting the liability of donors only to instances of gross negligence or intentional misconduct. Sen. Antonio Trillanes IV o SBN 1402: Good Samaritan Act of 2007 An Act to Promote Donations in Good Faith of Medicines, Food Products or Supplies by Establishments and other Entities, Including Individuals, by Exempting Them from Any Form of Liability Arising Therefrom o Filed on July 30, 2007 Sen. Manny Villar o SBN 1917: Good Samaritan Act of 2007 An Act to Promote Donations in Good Faith of Medicines, Food Products or Supplies by Establishments and other Entities, Including Individuals, by Exempting Them from Any Form of Liability Arising Therefrom o Filed on November 26, 2007

ISSUES In the US, it was once vilified as giving too little, or too plain food. Also, some critics with welfare orientation oppose aid in kind. They want dollar aid only, which, less paternalistic, lets families balance food with other needs. Some also questioned the manner of determining who are eligible to receive food. Critics argue that the food donated might harm the health of the people. Why not donate fresh food instead? ANNEX Senate Bill No. 150 Senate Bill No. 1402 Senate Bill No. 1917

Sources:

Waste Not, Want Not. Retrieved from http://www.p2pays.org/ref/26/25249.pdf on 6 October 2008. Daily Bread. Retrieved from http://www.lssnd.org/dailybread/db-profile-booklet.pdf on 6 October 2008.

Pre-emptive Effect of Good Samaritan Act. Retrieved from http://www.usdoj.gov/olc/bressman.htm on 6 October 2008. Business Food Waste. Retrieved from http://www.wastecapwi.org/documents/foodwaste.pdf on 6 October 2008. Bread for the World Food and Agriculture Organization (FAO) of the United Nations UNICEF United Nations Development Program World Health Organization Freedomfromhunger.org