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| Donating food
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What is the law on donating food?
Food donated or given away should be safe and suitable for human consumption. Food is unsafe if it is likely to cause the person eating it physical harm.
In July 2005 amendments to the Civil Liability Act 2002 commenced so businesses that donate food to charitable organisations are protected from liability as long as certain safety conditions are met.
The legislation stipulates that businesses are protected if:
- The food is donated in good faith for a charitable or benevolent purpose,
- The food is donated with the intention that the receiver of the food does not have to pay for the food,
- The food is safe to eat when it leaves the possession or control of the donor, and
- The donor gives the charity any information it needs to ensure the ongoing safety of the food, with respect to both food handling and time limits for safe consumption.
Donors should checks that the charity is doing everything to keep the food safe.
'Use by' and 'best before' dates
Businesses donating food should avoid giving food that is close to its 'use by' date. Charities that receive food that will pass its 'use by date' before distribution are urged to throw the food away.
There may be some loss of quality in food purchased or distributed after its best before date, but, provided it is otherwise fit for human consumption, it is not illegal to sell or distribute this food, nor should there be any safety risk from eating it.
Keep food safe
When donating potentially hazardous foods that need temperature control, keep food at the correct temperatures.
If the food must be kept below 5oC or above 60oC tell the recipient of the necessary temperature.
Where the food will be safe to eat for only a limited time, inform the recipient of that time limit.
Do not donate food that’s close to or past its 'use by' date.
Whether donating or distributing food, follow standard food safety practices.
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