Food donors and volunteers protected from civil liability

PETALING JAYA: The Food Donors Protection Act 2020, which gives protection to food donors from civil liability, has now come into force.

The Act aims to encourage members of the public, including corporations, to donate food without fear of being sued.

Food donors are protected from civil liability against any personal injury, disease or death by those who have consumed the donated food.

The law covers not only those donating food “without any payment or form of consideration” but also volunteers or those involved in the distribution of such food.

Besides individuals, the protection extends to corporations, foundations, government entities, manufacturers, suppliers, wholesalers, hypermarkets, supermarkets, hotels, restaurants, agricultural producers and charitable organisations.

The law however makes it clear that the donors can still be liable if it is proven that any personal injury, disease or death is due to their negligence or wilful misconduct.

They can be held liable if “they have not complied with any requirement in relation to food safety and hygiene under any written law before donating or distributing the food”.

Former Domestic Trade and Consumer Affairs minister Datuk Seri Saifuddin Nasution Ismail had introduced the Act in 2019 to complement the nationwide Food Bank programme that he launched.

Corporations such as restaurants and hotels, he had said at that time, were hesitant to donate food as they were concerned about the donated items leading to issues later.

The Act, he added, was similar to legislation enacted in countries such as France, the United States, Britain and Singapore, adding that it was expected to boost food donations from corporations by about 20%.

It was tabled at the Dewan Rakyat by Saifuddin’s deputy Chong Chieng Jen in October last year, and later approved.

Current Domestic Trade and Consumer Affairs Minister Datuk Alexander Nanta Linggi has set March 31 this year as the date the Act came into operation.