Skip to content

While many businesses have embraced the opportunity to donate their surplus food for people to eat, some have voiced concerns about the potential legal implications of doing so. Food safety laws still apply when food is donated, and a perception that businesses could be open to legal action may be a barrier for those who would otherwise donate their surplus.39

This has led to calls for a ‘Good Samaritan’ law to protect organisations that donate food in good faith. Similar laws exist in some countries, such as the USA and Italy – but so far there is limited evidence about whether they encourage more businesses to donate their surplus.  Others argue that existing laws may be enough to protect organisations that are acting for social good.40

Current food standards are governed by a range of different laws and regulations, and there is some disagreement about how they would be interpreted in a case involving donated food. For example:

  • Under the Food Safety Act 1990 and the Food Safety Hygiene (England) Regulations, business owners who do not take reasonable precautions to ensure food is safe can be fined or held criminally liable.
  • The Consumer Protection Act 1987 imposes ‘strict liability’ for harm when food producers’ and suppliers’ goods are defective – even if they have taken reasonable precautions – although some defences may apply.
  • However, other laws require courts to take a wider context into account, including whether businesses were acting for the benefit of society when considering claims for negligence.

Our experience and consultation ahead of this manifesto suggests that confusion over the current state of affairs may be enough to prevent businesses from committing to donate surplus food that is fit to eat.

As a first step, the cabinet should task the appropriate government bodies, alongside relevant sector and legal stakeholders, with producing clear, up to date guidance. By helping businesses understand their responsibilities and how to protect themselves, this guidance could be an important tool for encouraging surplus food donations and reducing waste.

What would it cost?

This task could be undertaken within the normal remit of the Government’s work, requiring no new funding.

References

39

Food Waste Reduction Alliance (2016), Analysis of US Food Waste Among Food Manufacturers, Retailers, and Restaurants. Available at: https://www.fmi.org/forms/store/ ProductFormPublic/analysis-of-u-s-food-waste-among-food- manufacturers-retailers-and-restaurants

40

Bradshaw, Carrie (2024) Good Samaritan Laws and Surplus Food Redistribution – a Solution in Need of a Problem? Available at: https://papers.ssrn.com/sol3/papers. cfm?abstract_id=4863037

Awards Shortlistings

Campaign Team of the Year
Best Environmental Purpose Campaign and Public Affairs
Communications Campaign of The Year
Back to top