Stop wasting food - Bob Carr initiates law reform on food waste

Every day, tonnes of food is thrown out in New South Wales by food wholesalers, distributors, retailers, restaurants, hospitals, hotels and others in the food industry.

Even if they wanted to give their food away, they are hamstrung by the State's civil liability laws. Giving food away exposes them to possible litigation and refusal for insurance cover.

This is about to change

In responding to lobbying by St James' Church, King Street in Sydney, the Premier, the Hon Bob Carr announced today that the Government will introduce a reform to civil liability laws to help stop the waste.

Sue Sleep, the spokesperson for the Sister Freda Mission at St James' Anglican Church said, "This is great news for voluntary groups like us all around the state. We serve lunch to over 80 people every Sunday of the year at St James' Church near Hyde Park in the city. If we can receive donated rescued food, we will be able to redirect the money we currently spend in buying food - to meet other needs and serve more people."

Similar laws, often called "Good Samaritan Legislation", are found in the USA and Canada, and they have been in place in Victoria since 2002. Agencies in that state report a significant increase in the quantity of donated food since the introduction of the act. They say that they have experienced a greater willingness of food businesses to give excess, wholesome food to not-for-profit agencies serving people who are trapped in poverty and homelessness.

The legislation will also have an impact well beyond just dealing with food waste

The Rev. Atsushi Shibaoka, Senior Associate Priest at St James', said that the reform was a positive move in connecting people of good will with people in need in our community.

"There are lots of people in Sydney and throughout NSW who are scandalised by food wastage and want to do practical things to help people who are hungry. Now, we have a robust legal framework to act on what our hearts have been telling us for ages," he said.

Ms Sleep added that the proposed legislation has already brought over 20 emergency relief agencies in Sydney into closer cooperation.

"The Rt Hon Clover Moore, the Lord Mayor of Sydney, and Ms Nada Roude from the Islamic Council of NSW have also been very supportive," Ms Sleep said.

Frequently Asked Questions

What is the objective of the law reform?
Encourage more food to be donated to charities, by Providing legal certainty regarding the liability associated with donating food in good faith for charitable purpose

Where to from here?
We are now working on how to take full advantage of this legislation. Sister Freda Mission is working on a number of food rescue models. The likely model will focus on the logistics of collecting food to supply agencies and organisation which are already supplying food to those in need. This type of model will free up resources, allowing those agencies to concentrate on their core business.

In what circumstances will the food donor not be liable if someone is injured from consuming donated food?
First, the food MUST be "safe" or fit for human consumption, then the food donor is protected by 'Good Samaritan' legislation (GSL) if:
The food is donated in good faith for charitable purposes and the consumer is not required to pay for the food
If the food needs to be handled in a particular way, the food donor informs the person to whom the food donors gave the food of those handling requirements
If the food must be consumed within a particular period, that the food donor informed the recipient of this

Aren't charities are already receiving donated food?
Yes some agencies are benefiting from donated food, however most charities have confirmed that food businesses are often reluctant to donate food due to concerns about liability. Evidence from charities and food donors in Victoria is that the GSL has resulted in a greater willingness of food businesses to donate their excess food.

Won't this legislation create a greater risk to those already suffering from poor health?
No. Whenever businesses, be it charities giving away meals or businesses selling food for profit, all have a responsibility to manage hygiene and food safety.

How can you be sure food is safe for consumption?
All food businesses need to be sure their food is safe, including charities, restaurants and hotels alike. GSL will only protect individuals, companies, donors, etc if food is "fit for human consumption" and necessary food safety standards are met. It also relies on processes being in place to ensure those handling the food understand limits such as - handling requirements and the "life" of the food (i.e. the period within which the food should be consumed to ensure it is safe when consumed).

Why shouldn't the community expect that charities buy the food it serves up to those in need?
There is so much wastage of good, wholesome and nutritious food in our community - and many people want to help out, but many are fearful of litigation if they do a "good deed" such as donate excess food. GSL will help to encourage businesses to direct its excess food to those who would otherwise have to buy it. With an increasing level people in the poverty trap - perhaps due to unemployment, high rental accommodation costs, or supporting drug, alcohol and gambling addictions, the need for food assistance is not diminishing.

The "charity" dollar is VERY stretched - much of it being spent on food for the people they help. Reducing this burden by increasing the use of donated, excess food, will help agencies and charities, to direct their scares funds to other important programs such as education, health and wellbeing.

Aren't charities are already receiving donated food?
Yes, but many do not. Agencies have told us that businesses working with food like hotels, restaurants, hospitals, retails and distributors are reluctant to donate good quality food, for fear of litigation. Experience in Melbourne, Canada and the US confirms that more businesses will consider donating their excess food if there is legal certainly regarding the legal liability. One Umbrella, a not-for-profit organisation making pies and meals from "rescued" food will increase their production by three-fold in 2004 due to the great abundance of donated food.

How has GSL benefited people in Victoria?
Emergency relief organisations such as Victorian Relief, One Umbrella, Prahan Mission and Yarrawonga District Health have shared their experiences with St James'. One Umbrella's CEO Carol Nikakis recently confirmed that the legislation has enabled her company to "triple its output in the last year, due to the generosity of food donors who give freely in the knowledge that they are protected". Prior to GSL, One Umbrella was distributing 20,000 meals pa, in 2004 over 150,000 meals will be distributed by One Umbrella's volunteers to charities and individuals in need in Melbourne.

The CEO of Victorian Relief, one of Australia's largest emergency relief organisations said of the impact of the legislation it has "increased access to good quality nutritious food which was previously disposed for disadvantage people across Victoria; a reported reduction in food being thrown out; restaurants and food outlets no longer hesitate to donate excess food due to legal liability fears; no report of donors and food outlets not complying with food handling and food safety requirements".

Prahan Mission's Executive Director, Dr Joan Clarke OAM, confirmed that "savings due to such generous donations are used to increase the number of hot meals and food parcels and to help people with (the payment) of bills such as winder utility bills and school fees".

Yarrawonga District Health Service is another example of the contribution communities can make when GSL is in place. Recently over food valued at $20,000 was donated to Yarrawonga District Health, and approximately "50 crates of milk are donated each week since the introduction of the legislation".

Polkinghornes and a subsidiary of Australia's largest beef producer, Meat by the Sea, both donate "unutilised" quality meat to One Umbrella, all because of the changes made to the Good Samaritan Legislation.

These are just a few examples of the community's reaction to GSL in Melbourne.

Few facts and figures?

It is difficult to quantify the exact amount of eatable food discarded, but Foodbank NSW estimate between 1.5 - 3.5% of all manufactured food is wasted in Australia

The Sister Freda Mission at St James'

The Sister Freda Mission began in 1895 in the old Hyde Park Barracks building. It was begun by Sister Millicent of the Community of the Sisters of the Church, an English Religious Order that started the Collegiate School in Paddington in 1893. Eventually it moved to Waverly as St Gabriel's School where it remained until its closure in 1965 when the Sisters moved to Glebe to begin a new and different phase of their work.

The Mission moved for a time to Surry Hills and later to Darlinghurst where it became known as the Mission to the Destitute. The 1890s was a time of severe economic depression. Sister Freda, who was a member of the Sisters of the Church, took over the organisation of the Mission in 1899.

From its inception a close association with St. James' existed particularly during Isaac Carr-Smith's time as St James' sixth rector (1896-1909). Carr-Smith was a larger than life personality - a convinced Anglo-Catholic and a staunch Christian Socialist who was a regular speaker on Sunday afternoons in the Sydney Domain. Clergy from St James' celebrated Holy Communion weekly at the chapel at Paddington, conducted short services and gave talks at the Mission.

Parishioners helped prepare teas and provided music for the community hymn singing which followed. They worked as volunteers on Sunday afternoons at various halls in the city offering a light evening meal of bread and tea which was accompanied by a short religious service. As the need arose, other assistance was given - the provision of clothing, help in finding employment and providing aid to discharged prisoners. Christmas was a special time when there would be Christmas cake, carol singing and various musical entertainment.

When Sister Freda died in 1936 her name was given to the Mission and St James' took over the responsibility for its operation. In 1950 the Church crypt became the regular venue and remains so to this day.

Today seven teams of volunteers, with nine to ten members in each team including a team leader, staff the Mission. Each volunteer contributes about 2 hours every seven weeks on a Sunday afternoon at 1.30 pm. Lunch, comprising soup, sandwiches, cake, oranges and tea is served at 2.30pm. Numbers of guests vary but approximately 80/90 arrive each Sunday. An important part of this ministry is also having a chat to our guests and making them feel comfortable.

Following the earlier tradition a special occasion is made of Christmas where turkey, ham, puddings and custard & ice cream is served. A choir still sings as the meals are served.

Our program is financed by the generous donations from parishioners and others in the community.

If you would like to help or would like further information please contact David or Robyn Carver on 9232 3022 or email.