Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil INTERMINISTERIAL CHAMBER FOR FOOD AND NUTRITION SECURITY – CAISAN Alberto Beltrame – Minister of Social Development President
CAISAN
CIVIL HOUSE OF THE PRESIDENCY OF THE REPUBLIC MINISTRY OF LABOUR ELISEU PADILHA HELTON YOMURA
MINISTRY OF SOCIAL DEVELOPMENT MINISTRY OF HUMAN RIGHTS ALBERTO BELTRAME GUSTAVO DO VALE ROCHA
MINISTRY OF AGRICULTURE, LIVESTOCK SECRETARIAT OF GOVERNMENT OF THE AND FOOD SUPPLY PRESIDENCY OF THE REPUBLIC BLAIRO MAGGI CARLOS MARUN
MINISTRY OF SCIENCE, TECHNOLOGY, INNOVATION SPECIAL SECRETARIAT FOR FAMILY FARMING AND AND COMMUNICATION AGRARIAN DEVELOPMENT GILBERTO KASSAB JEFFERSON CORITEAC
MINISTRY OF CULTURE NATIONAL SECRETARIAT FOR FOR POLICIES TO SERGIO SÁ LEITÃO PROMOTE RACIAL EQUALITY JUVENAL ARAÚJO JÚNIOR MINISTRY OF EDUCATION ROSSIELI SOARES DA SILVA SPECIAL SECRETARIAT FOR POLICIES FOR WOMEN FÁTIMA LÚCIA PELAES MINISTRY OF FINANCE EDUARDO REFINETTI GUARDIA
MINISTRY OF NATIONAL INTEGRATION GUSTAVO HENRIQUE RIGODANZO CANUTO
MINISTRY OF JUSTICE TORQUATO JARDIM
MINISTRY OF HEALTH GILBERTO MAGALHÃES OCCHI
MINISTRY OF CITIES ALEXANDRE BALDY
MINISTRY OF FOREIGN AFFAIRS ALOYSIO NUNES FERREIRA
MINISTRY OF THE ENVIRONMENT EDSON DUARTE
MINISTRY OF PLANNING, DEVELOPMENT AND MANAGEMENT ESTEVES PEDRO COLNAGO JR. Executive Secretary of CAISAN Ministry of Agriculture, Livestock and Food Supply - EMBRAPA Caio Rocha Murillo Freire Júnior Antonio Gomes Soares Department of Structuring and Integration of Gilmar Henz Public Agrifood Systems – DEISP/SESAN Gustavo Porpino de Araújo Patrícia Chaves Gentil – Director Milza Moreira Lana
General Coordination of Monitoring Food and Brazilian Special Secretariat for Family Farming Nutrition Security Actions – CGMAS and Agrarian Development - SEAD Carmem Priscila Bocchi Rodrigo Puccini Venturin Juliane Helriguel de Melo Perini Igor Teixeira Gabriela Menezes Pawlak Pedroso James Richard dos Santos Ministry of the Environment - MMA Kely Alves Costa Vitor Dias Trovão Neto Natália Araújo de Oliveira Franciente Martins Araújo Pedro Flach Romani Rafaela de Sá Gonçalves Ministry of Planning, Development and Manage- ment - MPDG General Coordination of Public Equipment on Rejane Rodrigues Carvalho Food and Nutrition Security – CGEQP Kathleen Sousa Oliveira Machado Ministry of Foreign Affairs - MRE Marcelo Henrique Correia Bezerra Durval Luiz de Oliveira Pereira Ana Luiza Azambuja Sauerbronn Lucianara de Andrade Fonseca Bruna dos Santos Ferreira Edson Morais Silva Ministry of Health - MS Erica Ramos Andrade Michele Lessa de Oliveira Luciana Gonçalves da Costa Iracema Ferreira de Moura Thais Alves de Araújo Ministry of Science, Technology, Innovation and Communications - MCTIC Janesca Alban Roman Technical Committee on Food Loss and Waste Alfredo da Costa Pereira Júnior in Brazil Ministry of Finance - MF Ministry of Social Development - MDS Gabriela Lopes Souto Kathleen Sousa Oliveira Machado Daiane Ramon de Alcântara Carmem Priscila Bocchi Ministry of Cities - MCidades Ministry of Agriculture, Livestock and Food Isabela Sbampato Supply - MAPA Ramana Jacques André Luis Bispo Oliveira Brazilian Health Regulatory Agency - Ministry of Agriculture, Livestock and Food ANVISA Supply - CONAB Rodrigo Martins Vargas Newton Araújo Silva Júnior Rosane Maria Franklin Maria Madalena Izoton Áthina Bárbara M. e Souza Ministry of Education - FNDE Camila Lopes Jorge Solange Fernandes de Freitas Castro Deise Ribeiro Mariana Belloni Melgaço Erick de Brito Farias Luisete M. Bandeira Contributors
Food and Agriculture Organization of the United Nations – FAO Alan Jorge Bojanic Gustavo Chianca Juliana Dei Svaldi Rossetto Consultor - André Grossi Machado
SAVE FOOD BRAZIL Alcione Silva Walter Belik
SESC Ana Cristina C. G. Barros Janaína Pochapski
National Council of Food and Nutrition Security – CONSEA Sergio Luiz da Silva Thais Rocha
Brazilian Association of Supply Centers - ABRACEN Gustavo Alberto França Fonseca
Brazilian Association of Supermarkets - ABRAS Márcio Milan
GPA Institute Susy Yoshimura
Brazilian Association of Food Industries - ABIA Cassia B.L.C. Ferreira Edmundo Klotz
Chamber of Deputies - CD Fábio Santos Paulo Motta Rhayan Esteves Rodrigo Dolabella
Federal Senate - SF Marcus Peixoto
World Wide Fund for Nature – WWF Brasil Carolina Siqueira
Graphic Project Mariana Marques Ferreira ACRONYMS AND ABBREVIATIONS
ABIA Brazilian Association of Food Industries ABRACEN Brazilian Association of Supply Centers ABRAPOS Brazilian Grain Post-harvest Association ABRAS Brazilian Association of Supermarkets AGENDA 2030 2030 Agenda for Sustainable Development ANVISA Brazilian Health Regulatory Agency ATER Technical Assistance and Rural Extension CAISAN Interministerial Chamber for Food and Nutrition Security CEASA Supply Center S/A CENTREINAR National Storage Training Center CNPQ National Council for Scientific and Technological Development CONAB National Company of Food Supply CONSEA National Council of Food and Nutrition Security DHAA Human Right to Adequate Food EMBRAPA Brazilian Agricultural Research Corporation FAO Food and Agriculture Organization of United Nations FGV Getúlio Vargas Foundation FLW Food Loss and Waste FNDE National Fund for Educational Development FNS Food and Nutrition Security Food Security, Nutrition and Hunger Eradication HLPE High Level Panel of Experts on Food Security and Nutrition IBGE Brazilian Institute of Geography and Statistics IPEA Institute for Applied Economic Research MAPA Ministry of Agriculture, Livestock and Food Supply MDS Ministry of Social Development ODS Sustainable Development Goals OSCIP Civil Society Organization of Public Interest PAA Food Purchase Programme PL Project of Law PLANSAN National Plan for Food and Nutrition Security PLANSAN CELAC Plan of the Community of Latin American and Caribbean States for PNAD National Household Sample Survey PNAE National School Feeding Program PNATER National Policy of Technical Assistance and Rural Extension PNCDA National Policy on Fighting Food Loss and Waste POF Consumer Expenditure Survey PPA Multi-year Plan PROHORT Brazilian Program on Modernization of the Horticultural Market PRONAF National Program for the Strengthening of Family Farming SESC Social Service of Commerce SISAN National Food and Nutrition Security System TC FLW Technical Committee on Food Loss and Waste INDEX
1. INTRODUCTION / 9
2. CONTEXTUALIZATION / 11 2.1. Definition of Food Loss and Waste (FLW) 2.2. Repercussions of Food Loss and Waste on Food and Nutrition Security 2.3. Debating Food Loss and Waste within the National System of Food and Nutrition Security
3. INTERSECTORAL STRATEGY FOR THE REDUCTION OF FOOD LOSS AND WASTE IN BRAZIL / 16 3.1. Objectives 3.2. Axes and Lines of Action 3.3. Governance - Strategy Steering Committee
4. BIBLIOGRAPHIC REFERENCES /20
5. APPENDIX /26 5.1. APPENDIX I - History of creation and operation of CAISAN’s Technical Committee on Food Loss and Waste 5.2. APPENDIX II - Goals and Initiatives related to Food Loss and Waste in the Multi-year Plan (PPA 2016-2019) and in the National Plan of Food Security and Nutrition (PLANSAN 2016-2019) 5.3. APPENDIX III – Compendium of bills on PDA in progress in the National Congress 5.4 Resolution
8 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
1. INTRODUCTION
Because of its relevance and scope, the theme of Food Loss and Waste has a di- rect repercussion on the commitments made by countries in international strategic frameworks, such as the Paris Agreement signed at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change; the 2030 Agenda and the 2025 Plan of Latin American and Caribbean States Community for Food Se- curity, Nutrition and Hunger Eradication (PLANSAN CELAC 2025). The 2030 Agenda brings in its Sustainable Development Goal 12 - Ensure Sustai- nable Consumption and Production Patterns, target 12.3: “By 2030, halve per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses”. PLANSAN CELAC 2025, on the other hand, presents a Line of Action to tackle FLW under its Pillar 1, on coordinated food security strategies. In consonance with these international commitments, the Brazilian government and the Food and Agriculture Organization of the United Nations (FAO) joined for- ces to create the Technical Committee on Food Loss and Waste (TC FLW), within the framework of the Interministerial Chamber for Food and Nutrition Security (CAISAN). It should be reinforced that the main reason for insertion of the FLW topic in CAISAN is the possibility of aligning it with the National Food and Nutrition Security System (SISAN) and with the guidelines of the National FNS Policy. That is, the fight against food losses and waste should be oriented at expanding the population’s ac- cess to adequate and healthy diets. The creation of the TC FLW met the recommendation of FAO’s High Level Panel of Experts (HLPE) for countries to promote an inclusive process to determine criti- cal points, causes of losses and wastage at different levels, possible solutions and intervention grades, determining a plan of action that includes the different actors. Based on the work developed by the Technical Committee on FLW, CAISAN appro- ved on November 22, 2017 the Inter-Sectoral Strategy for the Reduction of Food Loss and Waste in Brazil, which will be presented in this document.
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2. CONTEXTUALIZATION
2.1. Definition of Food Loss and Waste (FLW) According to FAO’s definition, the losses relate to the reduction in the availabi- lity of food for human consumption along the food supply chain, especially in the production, post-harvest and processing phases. Waste is the food loss at the end of food chain (retail and final consumption), due to the behavior adopted in retail establishments, restaurants and households.
2.2. Repercussions of Food Loss and Waste on Food and Nutrition Security Food Loss and Waste (FLW) is a theme that affects, to a lesser or greater degree, all countries. Food losses along the chain prevail in developing countries. Waste, in turn, is prevalent in developed countries. The causes of losses in low-income countries are mainly related to problems and deficiencies in harvesting and post- -harvesting, packaging, logistics, infrastructure, market mechanisms and regulatory and institutional frameworks. Food losses in middle and high-income countries are more related to consumer behavior, as well as lack of coordination among different actors in the production chains. It is estimated that each year approximately 1.3 billion tons of food are lost in the world. This means more than 30% of all world food production and 15% of all calories produced. Due to this scenario, the topic of FLW has gained a more transversal and global dimension in recent years, in addition to the chain analysis or specific sectors, and efficiency studies of the agroindustrial systems. The study of the theme is increasin- gly articulated to environmental and Food and Nutrition Security (FNS) issues. Most of the publications on the topic indicate that the impacts of FLW on FNS are manifested in three main ways. Firstly, they reduce world and local availability of food. Secondly, they have a negative impact on consumer access, due to the increase in food prices, and in economic gains of actors from food chains. And, thirdly, they also have a negative effect in the long term, due to the unsustainable use of natural resources, impacting the FNS of future generations. Thus, in addition to the problems related to hunger and malnutrition, the re- duction of the quantities of food available for human consumption also means the inefficiency of food systems, with useless consumption of land, water, energy and inputs; unnecessary emission of greenhouse gases; and the generation of significant - but not always calculated - costs for society. / 11
2.3. The debate on Food Loss and Waste within the National System for Food and Nutrition Security (SISAN) SISAN was established in 2006 by the Organic Law for Food and Nutrition Security (Law no 11.346, of September 15, 2006) with the objective of promoting and protecting the Human Right to Adequate Food (DHAA). In its article 3, it was conceptualized as Food and Nutrition Security “the realization of everyone’s right to regular and per- manent access to quality food in sufficient quantity, without compromising access to other essential needs, based on health-promoting food practices that respect cultural diversity and that are environmentally, culturally, economically and socially sustainable”. In order to promote the articulation and integration of the actions performed by the various sectors, SISAN counts with two coordination bodies at the national level, whose functioning was regulated by Decrees no 6.272/2007 and no 6.273/2007. They are, respectively, the National Council for Food and Nutrition Security (CONSEA), chai- red by civil society; and the Interministerial Chamber for Food and Nutrition Security (CAISAN), chaired by the Ministry of Social Development (MDS), with representation of twenty ministries and special secretariats. CAISAN is responsible for articulating, monitoring and coordinating the Policy and the National Plan for Food and Nutrition Security. In 2010, DHAA was included as a social right in Article 6 of the Federal Constitu- tion and the National Policy on Food and Nutrition Security was established through Decree no 7.272, with the following guidelines: I –promotion of universal access to adequate and healthy food, with priority for families and people in situations of food and nutrition insecurity; II – to promote supply and structuring of sustainable and decentralized agro- -ecological, production, extraction, processing and food distribution systems; III – institution of permanent processes of food and nutritional education, rese- arch and training in the areas of food and nutritional security and the human right to adequate food; IV – the promotion, universalization and coordination of food and nutritional se- curity actions aimed at quilombolas and other traditional peoples and communities referred to in article 3, item I, of Decree no 6.040, of February 7, 2007, indigenous peoples and settlers of agrarian reform; V – the strengthening of food and nutrition actions at all levels of health care, in articulation with other food and nutritional security actions; VI - promotion of universal access to quality and sufficient water, with priority for families in situations of water insecurity and for the food production from family agriculture and from fisheries and aquaculture; 12 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
VII - support for initiatives to promote food sovereignty, food and nutritional se- curity, and the human right to adequate food at the international level, and the international negotiations based on the principles and guidelines of Law no 11.346, from 2006; VIII - monitoring the realization of the human right to adequate food. In 2011, the first National Plan for Food and Nutrition Security (PLANSAN) was ela- borated, being the main management tool of FNS Policy, with validity 2012-2015. Cur- rently Brazil is in the second edition of PLANSAN, with validity 2016-2019. The II PLAN- SAN consists of 09 challenges and 121 goals, under the responsibility of 13 ministries. Some FNS indicators reflect the advances made in the expansion of access to food achieved by Brazil in recent years. That was the result from the strengthening of public policies such as the Bolsa Família Program, the National School Feeding Programme (PNAE), the Brazil’s Cistern Program and the national programs to streng- then family farming. In 2014, a study released by FAO revealed that Brazil is no longer in the world map of hunger, that is, the indicator of undernourishment population fell to less than 5%, a percentage below what indicates that hunger is no longer considered a structural problem for the country. Goal 2 of the first UN Millennium Development Goal - “Halving global hunger by 2015” - was also achieved by Brazil, once between 1989 and 2006, the prevalence of acute child malnutrition, the main indicator of this goal, was reduced to a quarter of its initial value (from 7.1% to 1.8%). The severe food insecurity index, measured by IBGE in the National Household Sample Surveys (PNAD) in 2004, 2009 and 2013, has decreased significantly in recent years, from 6.9% in 2004 to 3.2% in 2013. Despite the inequalities that still exist, all analyzes of this indicator showed a greater reduction of food and nutritional insecu- rity in the North and Northeast regions, and among the black population. In 2017, the Brazilian Consumer Expenditure Survey (POF) gathered information that will allow us to update the food insecurity indexes. Its results are expected to be released by the end of 2018. Poverty indicators also reflected policy implementation. The extreme poverty in- dex calculated from PNAD data, for example, fell from 8.1% in 2004 to 2.7% in 2015 and poverty, from 23.5% to 6.6% in the same period. Poverty indicators have an important relationship with the FNS because in Brazil, as in many countries, the lack of income is the main factor that prevents people in vulnerable situations from having access to food. That is, enough food is available, but the lack of income and its unfair distri- bution make it impossible for a significant part of the population to access it. / 13
However, although hunger is no longer considered a structural problem, it is kno- wn that food and nutritional insecurity can be aggravated in situations of economic crisis, such as that currently experienced in Brazil. Some indicators already show the consequences of such a crisis, for instance, the unemployment rate of the workforce, which increased from 4.9% in the first quarter of 2012 to 8.5% in the same period of 2017, according to data from Continuous PNAD - Quarterly Edition. It is therefore necessary to ensure the continuity and improvement of policies that increase the conditions for access to food. In this sense, the construction of a strategy of prevention and reduction of FLW in Brazil aims to act in the expansion of access to food. According to data from the FAOSTAT1 platform for the year 2013, in Brazil, of the 268.1 million tons of food availa- ble, 26.3 were lost, that is, approximately 10% of the total available. The products pre- senting the highest losses index were, individually: pineapple (20%), cassava (16%), banana (15%), yam (12%) and oranges (10%). The “other fruits” (22%) and “other ve- getables” (12%) groups also showed significant losses. Other important foods of the Brazilian dish also presented losses, such as rice, maize, tomato and onion (10%), potatoes (7%), milk and wheat (5%) and eggs and beans (3%). Regarding the causes of FLW in Brazil, storage, packaging, handling and transpor- tation were the most frequently identified in studies conducted in the last decades. To develop a strategy on reducing FLW, FAO’s HLPE recommend the implemen- tation, in an inclusive and participatory manner, of four parallel lines of action: 1. Improving data collection and knowledge exchange on FLW; 2. Development of FLW diagnosis; 3. Adoption of effective measures to reduce FLW; and 4. Improved coordi- nation of policies and strategies to reduce FLW.
1 Estimates from FAO data should be used with caution, considering the limitations of the scientific publications used to determine coefficients and the approximations made using coefficients of similar products and chains and/or data from other countries, as in the cases absence of national data. 3. INTERSETORIAL STRATEGY FOR THE / 15
REDUCTION OF FOOD LOSSES AND WASTE
3.1. Objectives General Objectives Coordinate actions aimed at preventing and reducing food losses and waste in Brazil, through more integrated and intersectoral management of government and society initiatives, in line with the National FNS Policy.
Specific Objectives 1. Encourage research to assist in determining the causes and possible solutions of FLW in Brazil; 2. Foster technological innovation and social technologies aimed at the reduction of FLW; 3. Support the design of a methodology for the quantification of FLW in Brazil; 4. To follow up and contribute to the discussions on the theme of FLW in the in- ternational instances and forums to which Brazil is part of; 5. Support educational campaigns, communication actions and dissemination of good practices to the population, in order to prevent food wastage; 6. Strengthen and improve public policies that directly or indirectly influence the reduction of FLW; and 7. To propose changes in existing legal frameworks in Brazil, as well as to support the approval of pending bills in order to improve the influx of food donation. Axes and Lines of Action The Strategy is divided into four major Axes, which are subdivided into Lines of Action. Each Axis presents a brief introduction and a summary of the main positive points and bottlenecks identified by the CAISAN’s Technical Committee. 16 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
3.2. Axes and Lines of Action I. Research, Knowledge and Innovation Measuring FLWs and identifying their main causes, critical points and consequen- ces is an essential step in identifying effective solutions capable of guiding the ac- tions of the various actors in the debate on regulatory framework, public policies and strategies of communication and awareness. In the area of information and knowledge generation there is a wide field of ac- tion for Brazil in the upcoming years, which can be based on a consolidated structure of research and innovation. The challenge is to articulate the actors involved, based on a common understanding of the main issues to be investigated and analyzed.
Positive points Bottlenecks Lines of Action - Existence of several studies - There is no specific and 1.1. To focus on elaborating a and publications on FLW in standardized methodology for FLW quantification methodology Brazil, since the 70’s, being an quantification of FLW in Brazil. in major food chains (in terms important basis for advances in - Most of the studies can of economic importance and new research. be considered as subjective contribution to FNS), contri- - Existence of several public ins- estimates (from structured buting to the elaboration of a titutions (Embrapa, IBGE, IPEA, questionnaires and interviews), FLW diagnosis more reliable CONAB, CENTREINAR) and priva- with advances starting from the to the Brazilian reality and to te institutions (ABIA, ABRAPOS, 1990s from measurements of monitoring the objectives and ABRAS, FGV) with experience in the mass or weight of discarded commitments of PLANSAN CELAC the production of information parts. 2025 and 2030 Agenda related on FLW. - The set of Brazilian publica- to FLW. - Existence of 31 groups and tions in the theme has limita- 1.2. To promote studies for mea- 264 lines of research with the tions. They deal mainly with the suring FLW in Brazil. theme “Post-Harvest”; 50 groups calculation of quantitative food 1.3. To foster research, develop- and 280 research lines with the losses (mainly fruits and vege- ment, technological innovations theme “Solid Waste”; and 59 tables) and do little to address and social technologies, in the groups and 225 research lines their causes and solutions. public and/or private sectors, with the theme “Food Security” Mostly, they are snapshots with aiming to understand the cau- supported by CNPq. no continuity and with absence ses and propose solutions for - Existence of public informa- of historical series. FLW in Brazil. tion management systems, such as that provided by the PROHORT program, a rich tool for generating knowledge and technology for the fruit and vegetable chains in Brazil.
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II. Communication, Education and Training Communication and Education Actions plays a very important role in FLW agen- da. Communication and awareness of society is an axis that depends heavily on all others, especially Research, Knowledge and Innovation. The generation of informa- tion and knowledge more compatible with the Brazilian reality can facilitate and improve the communication process, from the identification stage of targeting the audience to the stage of elaborating educational materials.
Communication Positive points Bottlenecks Lines of Action - Existence of several govern- - Small dissemination of the 2.1. Develop and promote a vir- mental platforms and channels FLW theme among consumers. tual network of good practices of dissemination and commu- aimed at the dissemination nication, such as the thematic of technical, conceptual and page on FLW on the Embrapa methodological references on website (www.embrapa.br/ preventing and reducing FLW. tema-perdas-e-desperdicio- 2.2. Support and promote edu- -de-alimentos); the portal of cational and awareness cam- public purchases of food from paigns, with emphasis on the family farming (www.mds.gov.br/ retail and consumption stages, compra-da-agricultura-familiar); in partnership with the private the Nutrition Network of the sector, associations and social Unified Health System (http:// organizations, among others. ecos-redenutri.bvs.br); the 2.3 Encourage programs for the Network Ideas na Mesa (www. development of technological ideiasnamesa.unb.br) and the innovations for entrepreneurs websites, educational materials and startups in the subject FLW and materials of the Ministries reduction. of Social Development, Health, Agriculture, among others.
- Existence of the Opportunities System - Public Purchases for the family agriculture of SEAD that uses communication tool via whatsapp with a network of more than 5,000 contacts. - Existence of non-state initia- tives, such as the SAVE FOOD Brazil Network and the Mesa Brasil SESC Network. 18 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
Education and Training Positive points Bottlenecks Lines of Action - Existence of public policies - Little dissemination and trai- 2.4. To train ATER technicians to and public and private agents ning of the FLW theme among act on FLW reduction at critical that can be mobilized and trai- the agents that act in the public points in the food production ned in the topic of FLW, such as policies and in the different chain, such as post-harvest and the ATER agents and the School phases of the food chains. commercialization. Feeding Council (CAE) agents. 2.5. Promote technical courses - Education and training ac- and trainings with civil society tions from ATER technicians by institutions, aiming to fight FLW Embrapa, in addition to training at all stages of food chains. in good manufacturing practi- 2.6. Develop and dissemina- ces/operation in Food Banks. te manuals and information - Existence of civil society materials on good practices of organizations, such as food production, handling, transpor- banks, that conduct courses tation, conservation and con- on the integral use of food for sumption for the main agents of professionals in the area, such food chains. as cooks and nutritionists. 2.7. Encourage partnerships between retailers, wholesalers, distributors and social orga- nizations for food donation, including awareness campaigns on the legal feasibility of the process, good practices and guidelines on the consumer protection code.
III - Promotion of Public Policies In the last biennium, the topic of FLW gained visibility in Brazil as it was inserted into strategic planning instruments of the Federal Government, such as the Multi- -year Plan (PPA) 2016-2019 and PLANSAN 2016-2019. As we move towards the conclusion of half of the current management cycle of PPA, the goals and initiatives contained in the Brazilian strategic frameworks must be evaluated from the point of view of their effectiveness and adequacy to the real issues of FLW in Brazil, generating accumulations and elements necessary to qualify the theme in the next management cycles. There are still several public policies in the country that, despite not having as their main purpose the prevention and reduction of food losses and waste, align with the FLW topic and show themselves as important propellant instruments of the Strategy. / 19
Positive points Bottlenecks Lines of Action - Existence of several policies - Lack of targeted public policies 3.1. Strengthen the Brazilian Ne- to strengthen family agriculture, or with FLW approach. twork of Food Banks in order to promoting short supply circuits qualify the performance of food (PAA, PNAE, PRONAF, PNATER); banks in Brazil. policies to improve logistics in- 3.2. Promote actions to prevent frastructure and encourage the and reduce food waste in modernization of agro-industrial different public and private activity; and policies for structu- institutional spaces (schools, ring and modernizing Brazilian universities, companies, agricul- agricultural production tural production units, hospitals, - Existence of a significant military barracks, community number of food banks in Brazil restaurants, government agen- and creation of the Brazilian cies, CEASAs, among others). Network of Food Banks 3.3. Provide for FNS Plans, at federal, state and municipal levels, targets related to FLW reduction. 3.4. Stimulate voluntary sectoral agreements, public and/or private, with sights to a commit- ment to reducing FLW by 2030. 3.5. Improve the public policies for agriculture, especially family agriculture, with the purpose of reducing FLW through instru- ments such as rural credit, insurance, ATER, cooperatives, sanitary legislation and certifi- cations. 3.6. Provide ATER actions for family agriculture organizations (ATER More Management Pro- gram) with orientation activities to reduce FLW. 3.7. Encourage the creation of short circuits for the commer- cialization, production and consumption of foods that stimulate the prevention and reduction of FLW. 3.8. Strengthen programmes of public purchases of food , such as PAA, PNAE and Insti- tutional Purchase (Decree No. 8.473/2015), strengthening local/ direct or decentralized purcha- ses. 20 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
3.9. Promote public policies to improve infrastructure and logistics in the production, sto- rage, processing, transportation, distribution and commercializa- tion of food. 3.10. Encourage the moderniza- tion and expansion of storage and disposal structures for agri- cultural products, with emphasis on decentralized structures at the farmer level. 3.11. To stimulate the adequacy of food and nutrition establish- ments within the educational units, to increase and qualify the storage, preparation and consumption of food, associa- ting the reduction of FLW by the provision of adequate and healthy food.
IV – Legislation The Federal Constitution of 1988 provides that it is the common competence of the Union, the States, the Federal District and the Municipalities, among others, to promote agricultural production and organize food supply; protect the environment and combat pollution in any form; and preserve the forests, fauna and flora (article 23, subsections VI, VII and VIII). In what regards the elaboration of laws, it is the duty of the Union, the States and the Federal District to legislate concurrently on production and consumption; conservation of nature, protection of soil and natural resources, protection of the environment and pollution control; and on liability for damage to the environment (article 24, subsections V, VI and VIII). The article 170 establishes that the economic order, based on the valorization of human labor and on free initiative, aims at guaranteeing a dignified existence, ac- cording to the dictates of social justice. It is observed, among others, the principle of environment protection, including treatment differentiated according to the envi- ronmental impact of the products and services, and their elaboration and delivery processes (subsection VI). That is, the National Congress can and should present important contributions to the fight on FLW in Brazil. / 21
In general, the bills under consideration address the following aspects of FLW: 1. Civil liability for food donation 2. Tax exemption for food donors 3. Labeling
Positive points Bottlenecks Lines of Action Existence of several bills alre- - The current tax legislation 4.1. To follow up bills proce- ady in course in the National does not allow food donors to edings and act together with Congress to remove barriers and obtain tax benefits when dona- the Legislature to approve create incentives for food dona- ting to food banks, because of regulatory proposals on issues tion and to reduce food waste. their legal personality. related to FLW reduction, such as civil accountability for food donation; incentives to reuse, recovery and destination of food; labeling, among others. 4.2. Encourage studies for a food labeling system that promotes waste reduction. 4.2. Act towards legally insti- tute food banks, establishing sanitary norms guiding them to act and strengthening them as a form to promote FNS.
Within the interrelationship between the axes of action described here, it is ob- served that the prevention and reduction of the FLW depend on strong efforts of ar- ticulation between the actors involved and the creation of coordination mechanisms of works to manage the different fronts of action that the theme requires. It can be concluded that Brazil has significant research, technology and knowled- ge platforms; legal framework; public policy; and governance. With this accumulation, the country has the full capacity to collaborate with global efforts on preventing and reducing FLW, based on the articulation with stakeholders, harmonization of objec- tives and agreement of an agenda and of a common national strategic plan for the upcoming years. 22 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
3.3. Governance - Strategy Steering Committee The implementation of the Intersectoral Strategy for the Reduction of Food Loss and Waste will be articulated within the scope of the CAISAN Steering Committee that will be created for this purpose, considering CAISAN’s responsibilities established in Decree No 6.273/2007. Steering Committees of CAISAN aim to support and monitor the actions necessary for the operationalization of programs or intersectoral plans related to the National FNS Policy. The Committee shall promote mechanisms for coordination and convergence of actions proposed for the Strategy, being able to invite key-actors to participate in the processes when necessary. The first task of the Steering Committee will be to prepare a work plan for the implementation of the Strategy from the approved Lines of Action, with the following priority activity: • Act together with the Legislative to modify Law No 9249, of December 26, 1995, in order to allow food donors to obtain tax benefits when donating to food banks and SESC network. As it currently stands, the tax benefit is only granted to companies that donate to civil society organizations, which is not the case of several existing food banks, with other legal personalities. For example, the Food Bank of SESC – “Mesa Brasil” - is a parastatal entity with legal personality, of private right. The CEASAS, which also have, in their majority, Food Banks, are joint-stock companies linked to MAPA. There are still the Food Banks constituted as Public Interest Civil Society Organizations (Portu- guese acronym, OSCIP), and the Public Food Banks. Thus, the proposal, elaborated by the Ministry of Finance and agreed in the scope of the Technical Committee on FLW, is that the following amendment be proposed to Law no 9.249, of December 26, 1995, Article 13, paragraph 2: III - the donations, up to the limit of two percent of the operating profit of the legal entity, before calculated its deduction, made to civil entities, legally constituted in Brazil, non-profit, providing free services for the benefit of employees of the per- son donor, and their dependents, or for the benefit of the community where they act, observing the following rules: a) the donations, when in cash, will be made by means of credit in a bank che- cking account directly on behalf of the beneficiary entity; b) the donations, when of food, can be destined to the Food Banks included in the National Registry of Food Banks; c) the donor, legal person, shall keep on file at the inspection’s disposal a decla- / 23
ration, according to a model approved by the Federal Revenue Secretariat, provided by the beneficiary entity, in which commits to fully apply the funds received in the fulfillment of its social objectives or proof of enrollment in the National Registry of Food Banks, with identification of the natural person responsible for its compliance. The beneficiary entity commits not to distribute profits, bonuses or advantages to managers, maintainers or associates, in any form or pretext; d) The beneficiary entity must be: i) organization of civil society, according to Law 13.019, of July 31, 2014, provided that the requirements set forth in articles 3 and 16 of Law 9.790, of March 23, 1999, regardless of certification; or ii) Food Banks, provided that it is a member of the National Registry of Food Banks.
24 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
4. BIBLIOGRAPHIC REFERENCES
BRASIL (2006). Lei nº 11.346, de 15 de setembro de 2006. Cria o Sistema Nacional de Seguran- ça Alimentar e Nutricional – SISAN com vistas em assegurar o direito humano à alimentação adequada e dá outras providências. Diário Oficial, Brasília (DF), 18 set. 2006. Seção 1, p. 1. BRASIL (2007). Decreto nº 6.272, de 23 de novembro de 2007. Dispõe sobre as competências, a composição e o funcionamento do Conselho Nacional de Segurança Alimentar e Nutricio- nal - CONSEA. Diário Oficial, Brasília, DF, 26 nov. 2007. Seção 1, p. 14. BRASIL (2007). Decreto nº 6.273, de 23 de novembro de 2007. Cria, no âmbito do Sistema Na- cional de Segurança Alimentar e Nutricional - SISAN, a Câmara Interministerial de Seguran- ça Alimentar e Nutricional. Diário Oficial, Brasília, DF, 26 nov. 2007. Seção 1, p. 15. BRASIL (2010). Decreto 7.272, de 25 de agosto de 2010. Regulamenta a Lei nº 11.346, de 15 de setembro de 2006, que cria o Sistema Nacional de Segurança Alimentar e Nutricional - SISAN com vistas a assegurar o direito humano à alimentação adequada, institui a Política Nacional de Segurança Alimentar e Nutricional - PNSAN, estabelece os parâmetros para a elaboração do Plano Nacional de Segurança Alimentar e Nutricional, e dá outras providên- cias. Diário Oficial, Brasília (DF), 26 ago. 2010. Seção 1, p. 6. BRASIL (2016). Câmara Interministerial de Segurança Alimentar e Nutricional – CAISAN. Plano Nacional de Segurança Alimentar e Nutricional (PLANSAN 2016-2019). Brasília (DF): 2016, 78p. BRASIL (2016). Ministério do Planejamento, Desenvolvimento e Gestão. Plano Plurianual (PPA 2016-2019). Brasília (DF): 2016. CELAC (2017). Comunidad de Estados Latinoamericanos y Caribeños. The CELAC Plan for Food and Nutrition Security and the Eradication of Hunger 2025. Santiago, Chile: FAO 2015. Dispo- nível em: http://www.fao.org/3/ai4493e.pdf. Acesso em: 03 de maio de 2017. FAO (2011). Global Food Losses and Food Waste: Extent, Causes and Prevention. Rome, Italy: FAO. Disponível em:
ANEXO I - History of creation and operation of CAISAN’s Technical Committee on Food Loss and Waste (TC FLW)
a. Institution, purpose and composition The Technical Committees are advisory bodies of CAISAN. They are responsible for providing subsidies to CAISAN’s Plan for decision-making on issues related to food and nutrition security, which motivated their institution. By CAISAN’s Resolution No 03, from March 13, 2017, the Technical Committee on Food Loss and Waste (TC FLW) was established, with a validity of 6 months and ac- countable for elaborating strategy actions of the government and civil society on the topic of Food Loss and Waste in Brazil.
INTERMINISTERIAL CHAMBER OF FOOD AND NUTRITIONAL SECURITY RESOLUTION Nº 03, OF MARCH 13, 2017.
Establishes the Technical Committee - TC 14 with the purpose of elaborating a strategy of action of the government and civil socie- ty on Food Loss and Waste.
THE EXECUTIVE SECRETARY OF THE INTERMINISTERIAL CHAMBER OF FOOD AND NUTRITION SECURITY - CAISAN, in the use of the attributions conferred by art. 16, of CAISAN Resolution No 1, of December 26, 2016,
CONCLUDE: Art. 1 - To establish a Technical Committee - TC 14 within the scope of CAISAN, with the follo- wing objectives: I - To elaborate a strategy of action of the government and civil society on Food Loss and Waste; II - To propose a strategic alignment of actions on Food Loss and Waste; III - Outline guidelines for the elaboration of a diagnosis on Food Loss and Waste in Brazil.
Art. 2 - The Technical Committee will be composed of member parties of CAISAN, as follows:
I – representatives of the Ministry of Social and Agrarian Development: a) Nominee: Kathleen Sousa Oliveira Machado b) Alternate nominee: Carmem Priscila Bocchi 26 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
II - representatives of the National Company of Food Supply - CONAB: a) Nominee: Newton Araújo Silva Júnior b) Alternate nominee: Maria Madadela Izoton III - representatives of the Brazilian Agricultural Research Corporation - Embrapa: a) Nominee: Murilo Freire Júnior b) Alternate nominee: Antônio Gomes Soares IV - representatives of the Brazilian Health Regulatory Agency - ANVISA: a) Nominee: Rodrigo Martins Vargas b) Alternate nominee: Rosane Maria Franklin Pinto V - representatives of the Ministry of Finance: a) Nominee: Gabriela Lopes Souto b) Alternate nominee: Daiane Ramon de Alcântara VI - representatives of the Ministry of Planning, Development and Management: a) Nominee: Rejane Rodrigues de Carvalho b) Alternate nominee: Rafael Luis Giacomin VII - representatives of the National Fund for Educational Development - FNDE: a) Nominee: Solange Fernandes de Freitas Castro b) Alternate nominee: Mariana Belloni Melgaço VIII - representatives of the Ministry of Science, Technology, Innovation and Communications: a) Nominee: Janesca Alban Roman b) Alternate nominee: Alfredo da Costa Pereira Júnior IX - representatives of the Brazilian Special Secretariat for Family Farming and Agrarian Deve- lopment: a) Nominee: Rodrigo Puccini Venturin b) Alternate nominee: Igor Teixeira X - representatives of the Ministry of the Environment: a) Nominee: Vitor Dias Trovão Neto b) Alternate nominee: Franciente Martins Araújo XI - representatives of the Ministry of Cities: a) Nominee: Isabela Sbampato b) Alternate nominee: Ramana Jacques XII - representatives of the Ministry of Foreign Affairs: a) Nominee: Durval Luiz de Oliveira Pereira b) Alternate nominee: Lucianara Andrade Fonseca XIII - representatives of the Ministry of Health: a) Nominee: Michele Lessa de Oliveira b) Alternate nominee: Iracema Ferreira de Moura XIV - representatives of the Food and Agriculture Organization of the United Nations – FAO Brazil: a) Nominee: Alan Jorge Bojanic b) Alternate nominee: Juliana Dei Svaldi Rossetto XV - representatives of the Programme Save Food Brazil: a) Nominee: Walter Belik b) Alternate nominee: Alcione Silva XVI - representatives of the Social Service of Commerce – SESC a) Nominee: Janaína Pochapski b) Alternate nominee: Ana Cristina Barros / 27
Single paragraph. Representatives of CONSEA, other sectors of society and government may be invited to attend the meetings.
Art. 3 - The coordination of the Technical Committee will be responsibility of the Ministry of Social and Agrarian Development.
Art. 4 - The Executive Secretariat of CAISAN will monitor and support the work of the Techni- cal Committee.
Art. 5 - The Technical Committee will hold periodic meetings and will close its activities after 6 months of its institution.
Art. 6 - This present Resolution enters into force on the date of its publication.
CAIO ROCHA National Secretary for Food and Nutrition Security Executive Secretary of the Interministerial Chamber of Food and Nutrition Security
In addition to the constant representatives, the following institutions have parti- cipated in the TC FLW as guests: Brazilian Association of Food Industries (ABIA), Brazi- lian Association of Supply Centers (ABRACEN), Brazilian Association of Supermarkets (ABRAS), Chamber of Deputies, Federal Senate, Embrapa Vegetables, Pão de Açúcar Group, Brazilian Institute of Geography and Statistics (IBGE), Ministry of Agriculture, Livestock and Food Supply (MAPA). The TC FLW was supported by the consultant André Grossi Machado, hired by FAO Brazil under the Project TCP/RLA/3610/C2 to supervise the Committee’s work and as- sist in the elaboration of a diagnosis and a proposal of a strategy of action to reduce and prevent Food Loss and Waste. b. Meetings The TC FLW met in four moments. The first meeting, on April 20, 2017, had debates on FLW, in order to raise subsidies for the construction of a diagnosis and a stra- tegy of action on the theme. In addition to the TC FLW members, the meeting was attended by three invited institutions: the Brazilian Association of Supply Centers (ABRACEN), the Brazilian Institute of Geography and Statistics (IBGE), and Embrapa Vegetables. The discussion panels addressed the following issues: • The Perspective of Embrapa Agroindustry on Food Loss and Waste (Murillo Freire Junior - Embrapa Embrapa Food Agroindustry) • The Perspective of Embrapa Vegetables on Food Loss and Waste (Milza Moreira Lana - Embrapa Vegetables) 28 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
• Sustainable Development Goal (SDG) 12.3: “by 2030, halve the per capita global food waste at the retail and consumer level, and reduce food losses along produc- tion and supply chains including post-harvest losses.” (José Antônio Sena - IBGE) • Advances of the Save Food Brazil Project (Walter Belik and Alcione Silva - Save Food Brazil) • Loss Survey (Deise Menezes Ribeiro Faccio - CONAB Storage Superintendence) • Actions to combat the waste of fruits and vegetables (Newton Araújo Silva Júnior - CONAB Social Supply Superintendence) • The ABRACEN perspective on Food Loss and Waste (Gustavo Fonseca - ABRACEN) • Perspectives and experience of Sesc Mesa Brasil regarding Waste (Ana Cristina Barros and Janaína Pochapski - SESC) The second meeting, on June 1, 2017, in addition to the TC FLW members, had the presence of the Brazilian Association of Food Industries (ABIA), the Brazilian Asso- ciation of Supermarkets (ABRAS), Embrapa Vegetables, Pão de Açúcar group and the Ministry of Agriculture, Livestock and Food Supply (MAPA). The meeting continued the debate panels, which this time addressed the following topics: • Perspectives of ABRAS on FLW in Brazil (Marcio Milan - ABRAS) • Perspectives of the Pão de Açúcar Group on FLW in Brazil (Suzy Yoshimura - Pão de Açúcar Group) • Perspectives of ABIA on FLW in Brazil (Cássia Ferreira - ABIA) • Perspectives of MAPA on FLW in Brazil (André Luiz Bispo Oliveira - MAPA) Lastly, the consultant André Grossi Machado presented a diagnostic report on Food Loss and Waste in Brazil and the debate was opened to those present. On July 27, 2017, the third meeting of the TC FLW was held, whose main agenda was the debate on the legislative matters regarding FLW and that are currently in course in the National Congress. There was the presence, as invitees, of the legislative advi- sor of the Chamber of Deputies, Rodrigo Dolabella and Mr. Fábio Santos, adviser to the Federal Deputy Gilvado Vieira, who presented Laws No 3.070/2015 and 4.517/2016. Another topic was debated: Labeling and Food Loss and Waste in Brazil, presented by ANVISA (Rodrigo Vargas). By the end, the document Strategy to Combat Food Loss and Waste in Brazil was discussed. Subsequently, the document was shared, by e-mail, with all TC FLW mem- bers for contributions. During the fourth and last meeting of the Committee, on August 24, 2017, a syste- matization of the contributions given was presented. Participants were divided into / 29
groups to align objectives, axes and lines of action. The results of the working groups were incorporated into the final text of the Strategy. c. Results and Referrals Based on the work developed by the Technical Committee, CAISAN approved the Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil, with four axes of action: 1 - Research, Knowledge and Innovation; 2 - Education and Communication; 3 - Promotion of Public Policies; and 4 - Legislation. For the effectiveness of the Strategy, the TC FLW proposed a model of intersectoral management, through the establishment of a Management Committee within CAI- SAN, which should seek the necessary articulation for establishing actions, processes and structures in order to implement the Strategy. 30 / Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil
APPENDIX II - Goals and Initiatives related to Food Loss and Waste in the Multiannual Plan Plan (PPA 2016-2019) and in the National Plan of Food Secu- rity and Nutrition (PLANSAN 2016-2019)
Initiatives and goals related to FLW in the PPA 2016-2019: Initiatives References Initiative 05CD - Identification and mitigation of qualitative and quantitative losses during post- PROGRAMME: 2077 -harvesting of maize, soybean, wheat, rice, coffee GOAL: 1051 and beans and in the transportation of maize, soybeans, wheat and rice. Initiative 05KS - Implementation of the Brazilian food bank network Initiative 05KU - Development and implementa- tion of management tools for the sustainable use of fishing resources and the reduction of waste in PROGRAMME: 2069 the production chain of artisanal fishing. GOAL: 0380 Initiative 06VO - Incentive to the development of technologies and methods of planting, handling, transport, packaging and storage to reduce food waste, as well as for the reuse, recycling and treatment of food waste. Initiative 05ZZ - Financing 10 projects to promote the development of new technologies to reduce PROGRAMME: 2052 losses and discards in the fishing production GOAL: 1133 chain. Initiatives and goals related to FLW in PLANSAN 2016-2019: Goals/Actions Link to PPA 2016-2019 Goal 4.22 - Identification and mitigation of Programme 2077 qualitative and quantitative losses during post- Goal 1051 -harvesting of maize, soybean, wheat, rice, coffee Initiative 05CD and beans and in the transportation of maize, soybeans, wheat and rice. Goal 4.23 - Establishing legal framework to reduce food losses and waste in food banks. Action related 4.24 - Implementation of the Brazi- Programme 2069 lian food bank network. Goal 0380 Initiative 05KS / 31
APPENDIX III - Compendium of bills on PDA in course in the National Congress PROJECT OF AUTHOR- SUMMARY BRIEF EXPLANATION APPENDED AUTHOR- SUMMARY LAW SHIP SHIP PL nº Dep. Gival- IInstitutes the “National It establishes that, on the occasion of 4.547/2016 do Vieira Waste Awareness Day”. the celebration of the "National Waste Awareness Day", the Public Power will promote campaigns for the collection and distribution of edible food for human consumption and dissemination of infor- mation on the location and functionality of food banks. PL nº Dep. Gival- It amends Laws No 12.305, of It amends the National Solid Waste Policy 3.070/2015 do Vieira August 2, 2010 and 9605, of and the sanctions of conducts and activi- February 12, 1998, in order ties that are harmful to the environment to establish specific rules to for establishing specific rules to eradicate eradicate food waste. food waste. PLS nº Sen. Jorge It provides for the fight Provides for the fight against food waste 738/2015 Viana against food waste and and amends Decree-Law 986/1969, Law amends Decree-Law No 986 9605/1998 and Law 12.305/2010 to inhibit of October 21, 1969, Law No the voluntary discarding of processed and 9605 of February 12, 1998, unprocessed foods in conditions of con- and Law No 12.305 of August sumption; obliges the labeling information 2, 2010. of validity for the sale and the validity of safe consumption; except of the objective civil liability regime the donation of foods that are still in condition and in the period of safe consumption; and establishes that Public Authorities and retail establish- ments will develop educational campaigns for the purchase of in natura products that do not look their best but maintain their nutritional properties and are still safe for consumption. PROJECT OF AUTHOR- SUMMARY BRIEF EXPLANATION APPENDED AUTHOR- SUMMARY LAW SHIP SHIP PLS nº Sen. Maria Provides for the National Establishes the National Policy to Fight 675/2015 do Carmo Policy to Fight Food Waste Food Waste with the objective of increa- Alves and other measures. sing food use, available for human con- sumption in national territory, mitigating food waste and increasing the use of food unfit for consumption in recycling and animals feeding. PLS nº Sen. Provides for the reduction of It establishes that institutions engaged 672/2015 (PL Ataídes food waste. in the commercialization or manipulation nº 6.898/2017) Oliveira of food will sign donation contracts to non-profit organizations dedicated to the collection and distribution of food and meals, or the donation or sale to compa- nies engaged in the production of animal feed and composting. It exempts the donor from liability for damage caused by the consumption of the food donated, provided that it does not characterize deceit and negligence. PLS nº Sen. San- Establishes incentives for The first proposed amend, on the text of 503/2015 dra Braga donations of food products the Consumer Protection Code, aims to amends Law no 8.078/1990, exclude the objective risk of food-donor from September 11, 1990, enterprises. In the second change, Law no which provides for consu- 9.249, of December 26, 1995, aims to sti- mer protection and other mulate donations of foodstuffs by raising measures, and Law no tax deductions on donated amounts. The 9.249/1995, from December third measure established in the project 26, 1995, amending the aims to penalize the company that prefers legislation of the income to keep on display products that have tax of legal entities, as well expired, instead of donating them in a as the social contribution timely manner. on net income, and other measures. PROJECT OF AUTHOR- SUMMARY BRIEF EXPLANATION APPENDED AUTHOR- SUMMARY LAW SHIP SHIP PL nº Dep. Arnal- Establishes guidelines Establishes the "social function of food"; PL nº Dep. Tiri- Institutes the National 6.867/2013 do Jardim for the National Policy on which is fulfilled when "the processes of 8.263/2014 rica Policy for the Reduc- (PLC Nº Hunger Eradication and the production, processing, transport, distribu- tion of Food Loss and 104/2017) Promotion of the Social Role tion, storage, commercialization, export, Waste and makes other of Food - PEFSA, based on a import or industrial processing result in provisions. fraternal, just and solidary human consumption in a fair and solidary society. manner"; providing tax incentives for com- panies that comply with it. PLS nº Sen. Ivo Amends Decree-Law no 986, Amends Decree-Law no 986, of October 21, PL nº Committee Provides food donation 102/2012 (PL Cassol of October 21, 1969, which 1969 (establishes basic food standards) to 6.006/2013 on Parti- to charities. nº 5.958/2013) establishes basic standards provide that it will be allowed the re-use cipative on food, to allow the re-use of prepared foods for donation purposes, Legislation of prepared foods, for dona- guaranteed its safety, as provided by the tion purposes. regulation. PL nº Dep. Gou- Establishes the National 1.748/2015 lart Food Donation Program- me. PROJECT OF AUTHOR- SUMMARY BRIEF EXPLANATION APPENDED AUTHOR- SUMMARY LAW SHIP SHIP PL nº Dep. Marce- Provides line X, with 1.788/2015 lo Belinati the items “a” and “b”, change to paragraph first the single para- graph and add the second paragraph to art. 7 of Law No 8.137, of December 27, 1990, to establish the obligation of establishments that market food to give the correct destination to foods that are not sold and to allow establish- ments that offer meals to donate what is not commercialized. PL nº Dep. Alti- Provides for the obliga- 2.131/2015 neu Côrtes tion of establishments that produce or market food to make availa- ble products that are considered outside the marketing standards for food, biodigestion or composting. PROJECT OF AUTHOR- SUMMARY BRIEF EXPLANATION APPENDED AUTHOR- SUMMARY LAW SHIP SHIP PL nº Dep. Célio Provides for the 2.194/2015 Silveira obligation for esta- blishments marketing foods to firm agree- ments with non-profit charitable organi- zations in order to deliver products that are considered to be non-marketable but suitable for human consumption. PL nº Dep. Vene- Provides for the obliga- 2.352/2015 ziano Vital tion for establishments do Rêgo producing or marketing foods to make products which are considered outside the marketing standards for food. PL nº Dep. Valdir Provides for the do- 2.574/2015 Colatto nation of foods with expired shelf life and seized perishable goods to non-profit entities. PL nº Dep. Provides for the dona- 2.775/2015 Rubens tion of food by super- Bueno markets and similar establishments. PL nº Dep. Wal- Provides for the creation 3.769/2015 ney Rocha of Leftovers Programme and other provisions. PROJECT OF AUTHOR- SUMMARY BRIEF EXPLANATION APPENDED AUTHOR- SUMMARY LAW SHIP SHIP PL nº Dep. Rober- Regulates the dona- 4.742/2016 to Alves tion of food by public companies or joint-stock companies to charitable or philanthropic entities. PL nº Sen. Ataí- Establishes the National 6.898/2017 des Oliveira Policy on Fighting Food Loss and Waste (PNCDA) and amends Law No 9249 of December 26, 1995, Law No 9.605 of February 12, 1998, and Law No 12.305 , of August 2, 2010. PL nº Dep. Mar- Provides for food dona- 7.507/2017 cus Vicente tion by supermarkets, restaurants, street fairs, greengrocers and similar establishments. PL nº Dep. Giuse- Provides for food dona- 8.874/2017 ppe Vecci tion by supermarkets, restaurants, and similar establishments. PLS nº Sen. Lúcio It adds an article to the Civil Informally known as "Good Samaritan" PL nº Dep. Silas Provides for the civil and 165/1997 (PL Alcântara Code (Law no 3.071, of Janu- Project. Provides that the natural or legal 2.713/2003 Brasileiro criminal liability of na- nº 4.747/1998) ary 1, 1916) and paragraph person who donates processed or unpro- tural and legal persons to art. 129 of the Penal Code cessed foods, whether or not prepared, who donate food. (Decree-Law No 2848, of to persons in need, directly or through December 7, 1940). non-profit organizations, associations or foundations, is exempt from civil or criminal liability resulting from damage or death caused to the beneficiary, by the consumption of the donated good, provided that no deceit or negligence is characterized. PROJECT OF AUTHOR- SUMMARY BRIEF EXPLANATION APPENDED AUTHOR- SUMMARY LAW SHIP SHIP PL nº Dep. Edigar Provides for the civil and 7.060/2010 Mão Branca criminal liability of food donors. PL nº Dep. Ra- Amends Law No 10.406 3.620/2015 quel Muniz of January 10, 2002 (Civil Code) and the Decree-Law No 2.848, of December 7, 1940 (Penal Code) to exempt food donors from civil and criminal sanctions of food in condition of consumption.
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5.4. Resolution
Ministry of Social Development MINISTER’S OFFICE RESOLUTION Nº 1, OF APRIL 17, 2018
Announces the Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil, in the form approved by the Plenary of CAISAN.
THE PRESIDENT OF THE INTERMINISTERIAL CHAMBER OF FOOD AND NUTRITION SECURITY - CAISAN, in the use of the attributions conferred by art. 14, IV, of Resolution No 1, of December 26, 2016, of CAISAN, resolves:
Art. 1 - Publicize the Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil, deliberated and approved at the XXXIII Regular Meeting of the CAISAN Plenary, held on No- vember 22, 2017, according to the document in Annex. Annex to Resolution No 01/GM/MDS Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil, available in http://mds.gov.br/caisan-mds/publicacoes
Art. 2 - This present Resolution enters into force on the date of its publication.
ALBERTO BELTRAME Intersectoral Strategy for the Reduction of Food Loss and Waste in Brazil