Forum: Good Samaritan law would preserve food donation beneficiaries' rights to seek recourse

We thank Mr Amos Wu Pom Hin for his letter, "Exempting food donor's liability may place more risk on vulnerable recipients" (Dec 2).

We understand his concerns and thank him for sharing his important feedback.

An Inter-Ministry Committee on Food Security formed in 2012 found that food manufacturers and retailers have been disposing of unsold products instead of donating them due to concerns about liability.

The then chief executive of the now-defunct Agri-Food and Veterinary Authority, Ms Tan Poh Hong, acknowledged that the lack of a good Samaritan law hinders the potential of food redistribution.

The public consultation conducted from July 30 to Sept 12 this year by the Good Samaritan Legislation Review Committee found that there is strong public support for a good Samaritan law which protects donors from legal action when certain conditions to ensure food hygiene and safety are met.

Mr Wu raised valid concerns that any waiver of liability should be accompanied by safeguards to ensure food hygiene and safety.

One safeguard that the committee is studying is the introduction of stringent codes of food donation which would be enshrined in the primary legislation for the good Samaritan law.

Another safeguard is the proposed requirement that liability be waived for donations to only accredited food charities.

Notwithstanding such waiver, the committee intends the good Samaritan law to preserve beneficiaries' rights to seek recourse for harm suffered due to donors' misconduct, such as when the proposed codes are breached.

We are still reviewing the issue of accreditation, and will be meeting food donation charities next month to further understand their concerns and work together with them to come up with an accreditation scheme.

The committee is continuing with its consultations on the proposed good Samaritan law. We will look into the other points raised by Mr Wu in his letter, as well as feedback from the public and stakeholders.

The committee will also conduct another round of public consultation once the draft Bill is ready.

Charmaine Yap

Secretary

Good Samaritan Legislation Review Committee

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