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Food waste and the need for a legal regime

José Pereira CoutinhoJosé Pereira Coutinho*

The lack of a legal framework for food donation and a standardized food donation system in the Macao SAR has prevented concessionary kitchens, municipal markets, large restaurants, buffets, canteens of public and private entities, bakeries, supermarkets, and popular markets from donating these foodstuffs to the needy or needy population, without having to worry about future liabilities on the part of consumers who have eaten the food.

These fears could very well be dispelled by following the Basic Rules in the Handling of these Genres and observing good operational practices and good food handling practices in accordance with the current sanitary legislation.

From the moment that the food is donated, the responsibility for the hygiene and safety of the food becomes the responsibility of the entity receiving the food, ceasing the responsibility of the previous link in the chain of donation, that is, the responsibility ceases with the act of delivery of the food to the user or beneficiary. It should, however, be ensured that all procedures to guarantee the wholesomeness of the donated foodstuffs have been fulfilled and, whenever requested by the competent authorities, are required to prove this through documentary evidence.

According to the Food and Agriculture Organization of the United Nations (FAO), about one-third of all food produced in the world is lost or wasted. Food that is collected but ends up being lost or wasted consumes about a quarter of all water used in consumer networks including agriculture and requires a cultivation area the size of China. More seriously, food waste generates about 8 percent of the world’s annual greenhouse gas emissions.

In the current economic and social context, solidarity is a value increasingly present in civil society, however, it is essential to ensure that donated food continues to have safety features by applying appropriate procedures in order to preserve its conditions of eligibility for consumption. Acting at the source of food production is the main priority in food waste prevention, controlling and limiting the production of surplus food at each stage of the food supply chain (i.e. production, processing, distribution and consumption).

There is no doubt that in situations of food surpluses, the best destination, which ensures the highest value use of edible food resources, is their redistribution for human consumption. In addition to the high social contribution, the donation of foodstuffs will always have an important positive impact in reducing food surpluses used for industrial purposes, or sent for waste treatment and ending up in landfills.

*Macao Legislative Assembly Member/Macao Public Service Employees Association

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