Nourished to Nil takes food safety seriously. We do our best to ensure all donated food is fit for consumption.
Good Samaritan Clause
No one likes to throw away perfectly good food, but inevitably there will be days when a foodservice business has food left over at the close of business. What can be done with it? Business owners may not be aware of it but donating unsold food to food rescue groups or other social agencies is a viable option.
Many cafes are reluctant to donate their unsold food due to food safety risks. However, the New Zealand Food Act 2014 specifically permits businesses to donate unsold food. Known colloquially as the ‘Good Samaritan Clause’, clause 352 clearly states that companies can donate or give away unsold food and are protected from any liability provided the food is safe and suitable to eat.
What does this mean for a café? If there is any cold food, such as sandwiches, muffins or salads, left over at the end of the day, the items can be donated provided that firstly they are safe to eat, and secondly that the person knows when the food needs to be consumed by.
Donations of hot food such and pies and sausage rolls can be trickier as the shelf life is shorter and the temperature of the food needs to be taken into account. However, hot food can still be donated provided that it is kept at the correct temperature and the recipient is aware of when it needs to be eaten.
Clause 352 stipulates that businesses who donate food can’t be found liable if someone becomes ill. As soon as the food is donated the responsibility falls on the organisation which collects the food.