Food vendors are obliged to engage in measures to prevent waste. They're supposed to make sure that over-programming amounts of useful food don't end up in the trash, but in the hands of the needy. Educational activities, as well as cooperation between the private sector and associations or foundations, are to help.
Day 18 September This year's entry into force first part of the provisions of the Act of 19 July 2019 combating food waste (Journal of Laws of 2019, item 1680). The legislature provided for the financial consequences of non-compliance with the provisions of the Act, with the exception that they would enter into force only on 1 March 2020 with second Part of the provisions i.e. Article 5-14 Act.
Another commitment for food sellers under the provisions of the Food Waste Prevention Act is to conduct educational and information campaigns of all kinds in the unit of trade on food efficiency and food waste prevention
Enhancing the link between business and sector III
Under the new law, each food seller is obliged to enter into a contract with a NGO of his choice. The agreement in written or electronic form is intended to cover the free transfer of food complying with food law, but not intended for sale for any reason. The reason why the products could not be qualified for normal sale is, inter alia, the defect in the appearance of the product, including the defect in packaging, except as specified in the Act for alcoholic and non-alcoholic beverages.
The agreement concluded between the food vendor and the non-governmental organisation should include in particular provisions concerning:
- • the time and manner of transmission of food to a non-governmental organisation and the type of food to a non-governmental organisation for the purpose of carrying out its tasks within the scope laid down in other provisions of the Act;
- • the allocation of the costs of receiving and distributing food between the parties to the contract;
- • cases where a non-governmental organisation may resign or refuse to accept food;
- • the duration of the contract and the liability of the parties for failure to comply with the terms of the contract, including the terms of notice.
In the event of termination of the contract, the food seller shall enter into a new contract with another non-governmental organisation selected, within the time limit 14 days from the date of termination of the contract. This is a specific motivation for the food seller to comply with the statutory obligation as soon as possible, without having to increase the amount of food unfit for sale and ready for delivery.
Obligation to conduct an information campaign
Another commitment on food sellers under the provisions of the Food Waste Prevention Act is to conduct educational and information campaigns of all kinds in the unit of trade on food efficiency and food waste management. Campaigns must be organised at least once a year by two the next weeks, with the co-operation chosen by the food seller of a non-governmental organisation.
Despite such a new bill, which imposes on the food seller a number of new obligations which have been unknown to him to date, the legislature has proposed a transitional solution, so that everyone required can implement new regulations without haste.
In particular, the concept of ‘food seller’, namely, by first two years from the date of entry into force of this Act by the ‘food seller’ shall mean a retail or wholesale operator of food products on the surface above 400 m2, in which revenue from the sale of foodstuffs is not less than 50% revenue from the sale of all goods offered. This definition differs from that indicated at the beginning of the Act, which will apply after the expiry of the indicated two years after the entry into force of the Act.
In addition, for the conclusion of first contracts with a non-governmental organization food seller gained five months after the entry into force of the Act.
The rationale and effectiveness of the solutions contained in this Act cannot be demonstrated at this moment, but will be dealt with by the Chief Inspector of Environmental Protection after the end of 18 months after the entry into force of the Act.
Written by Nikol Małaszewska-Dąbrowska
Manager at the Legal Department. From 2011 It provides advice to leading companies from various sectors of the economy. He has extensive experience in conducting comprehensive projects in the field of national and international law. It participates in legal and tax reviews conducted to identify risks. He is also the author of numerous articles on tax issues, published in the industry press.