Rafael Tridico Faria
Lawyer at Marcos Martins Advogados
On June 24, 2020, Law No. 14.016/20 was published in the Federal Official Gazette, which provides for the fight against food waste and the donation of surplus food for human consumption.
The bill was proposed in April 2020 and aimed to mitigate the impacts of the pandemic on people, families or groups in situations of vulnerability or food or nutritional risk. In this sense, the new law makes it easier for commercial establishments dedicated to the production and supply of food to donate surplus and unmarketed food that is still fit for human consumption. Since the publication of the law, establishments have also been allowed to work with intermediaries, such as in collaboration with the public authorities, or through food banks or other charitable social assistance organizations, to make the donations.
In order to bring more legal certainty to the establishment, Law 14.016/20 also makes it clear that no onerous charge will be levied on the donation and that this relationship will not be considered a consumer relationship. In this sense, the law also states that the donor and the intermediary will only be held liable for damage caused by the donated food if they act with intent.
These measures serve to encourage establishments to make donations rather than just discarding them. At the moment, many establishments have stocks that are close to their expiration date that will not be sold due to the closure of trade in various regions of the country and they can contribute to the fight against food waste by making donations in an encouraged and regulated manner.
