Food wastage and food insecurity are growing issues in Singapore. To provide a remedy to these twin problems, the Good Samaritan Food Donation Bill (“Bill“) was passed by Parliament on 7 August 2024.
Only donated food falls under the Bill. “Food” is defined to have the same meaning as in the Sale of Food Act 1973 and may include pre-packed or sealed packaged goods, perishable foods, cooked food, beverages, fruits and uncooked vegetables.
The Bill is built on the foundation of the key terms of “donate” and “food donor”. The food must be given without any payment or exchange of consideration. A “food donor” can be an entity or an individual and is defined to mean either the person who donates food or an entity which donates food in the course of a business. The entity need not be a charity registered under the Charities Act 1994. A “food donor” will cover those who donate food directly to the ultimate recipient as well as those who donate food to an intermediary who will then distribute the donated food.
The Bill will protect a food donor from criminal or civil liability in respect of death or personal injury that results from consuming the donated food, provided the food donor complies with the following four conditions:
- the food must not be unsafe and unsuitable at the time it left the food donor’s possession or control;
- where the food was of a nature that required it to be handled in a particular way to ensure that it remained safe and suitable to consume after it left the food donor’s possession or control, the food donor informed the recipient of the food of those handling requirements;
- where the food would only have remained safe and suitable to consume for a particular period of time after it left the food donor’s possession or control, the food donor informed the recipient of the food of that time limit; and
- the food donor, before donating the food, took all reasonably practicable measures to comply with any applicable requirement under any written law relating to food safety and food hygiene when handling the food.
Click on the following link for more information:
- Good Samaritan Food Donation Bill (available on the Singapore Statutes Online website at sso.agc.gov.sg)
Disclaimer
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this publication are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this publication may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.
