New Senate Study Assesses Brazilian Legislation on Food Loss and Waste, Urging Robust National Policy
Prof.ssa Fabiana de Menezes Soares
Prof. of Law of l’Universidade Federal de Minas Gerais (UFMG) e cordinator LegisLab
Project collaborator Food4Future
BRASILIA, September 2025 — A new working paper from the Legislative Consultancy Studies and Research Center (Núcleo de Estudos e Pesquisas da Consultoria Legislativa) of the Federal Senate of Brazil shines a critical light on the country's legislative efforts to combat. The study, titled "Beyond Donation: How Brazilian Legislation to Reduce Food Loss and Waste Could Impact Food and Nutritional Security and Public Health" , argues that Brazil must move past a singular focus on food donation to implement a comprehensive national policy. The paper was co-authored by Legislative Consultant Marcus Peixoto and Federal University of Minas Gerais (UFMG) Full Professor of Law Fabiana de Menezes Soares.
The context for the study is the persistent global challenge of achieving the Sustainable Development Goal (SDG) 2, Zero Hunger, by 2030. Although global undernourishment is projected to decrease slightly, over 512 million people are still expected to face hunger by 2030, with nearly 60% of them in Africa. In Brazil, while recent data shows a significant drop in severe food insecurity (fome), the issue of food and nutritional security remains deeply connected to socioeconomic development and adequate income distribution. The paper stresses that mitigating food loss and waste is a strategic action for promoting food and nutritional security, as inefficiencies in the supply chain and consumer habits affect both food prices and environmental sustainability.
The main focus of the analysis is Law No. 14.016 of 2020 , which was rushed through Congress during the initial phase of the COVID-19 pandemic to encourage the donation of surplus food. This law, which was formally revoked, yesterday, on September 30th by Law No. 15224 of 2025. The law stemmed from Bill No. 2.874 of 2019. Notwithstanding its innovation, the new act also failed to address the issue of imminent food expiration and will depend on a federal and municipal regulatory agenda.
The law formally establishes the Brazilian National Policy to Combat Food Loss and Waste changes the Food Donor Seal (Selo Doador de Alimentos), and governs the donation system, overriding previous legislation. The Brazilian National Policy to Combat Food Loss and Waste is designed to observe principles articulated in key existing statutes related to food security, environmental policy, and waste management. Its core objectives are to mitigate food waste to reduce food insecurity, promote a culture of donation (prioritizing human consumption, then animal, and finally composting/biomass), and provide educational and fiscal incentives, demonstrating a shared responsibility across the food supply chain, from production to final consumption and disposal.
Article 3 provides the essential legal definitions that structure the Policy and the donation system. Crucially, it distinguishes between Food Loss (perda de alimentos), which is defined as the reduction in food availability primarily during the early phases of the supply chain—production, post-harvest, and processing—and Food Waste (desperdício de alimentos), which occurs at the chain's end, specifically in retail, restaurants, and households due to consumer behavior. The statute also legally defines the actors: the food donor (any donating entity); the beneficiary (the final consumer); the food bank (a logistics structure for collection and distribution); and both non-profit and for-profit recipient institutions (instituições receptoras), which act as intermediaries. These definitions are fundamental as they determine the scope of liability provisions, which significantly reduce the civil responsibility of donors and intermediaries to cases of willful misconduct (dolo).
Food donation, under the terms of the newest enactment is exempt from the strict liability provisions established by Article 931 of Law No. 10,406/2002 (the Civil Code), and by Articles 12 and 13 of Law No. 8,078/1990 (the Consumer Defense Code)
The study critiques the Law No. 14.016 of 2020 pointing out significant technical flaws and legal ambiguities that generate insecurity for donors and limit the law’s effectiveness. Its major impediment to effective food donation in Brazil was the legal conflict between donation and the objective liability established in the Civil Code (Law No. 10.406/2002) and the Consumer Protection Code (Law No. 8.078/1990) Currently, the law implies that products past their sell-by date are inherently unsuitable for use and consumption, even if they remain safe. The paper argues that true legal safety for donors—exempting them from civil and administrative liability unless there is proven intentional harm (dolo)—must be achieved through explicit amendments to these core legal codes, rather than through isolated legislation like the 2020
The study surveys over 30 legislative proposals currently pending in the National Congress, most of which focus predominantly on food donation. A notable exception is Bill No. 2.874 of 2019, which seeks to establish a comprehensive National Policy for Combating Food Loss and Waste. Although the substitutive bill approved in the Chamber of Deputies advances the debate by defining concepts and instituting policy instruments, it was contentious on two key fronts: the principle of mandatory donation (deemed unconstitutional as donation is an act of liberality) and the exclusion of tax incentives for donating food past its sell-by date, due to interpretation of the Consumer Code.
To inform the brazilian debate, the study draws lessons from international models. France, with its pioneering Garot Law (2016) and EGalim Law (2018), established a comprehensive legal hierarchy for combating waste, mandating donation from large retailers and extending obligations to the collective catering sector. The United Kingdom employs a different, integrated approach under the Environment Act 2021, focusing on mandatory separate food waste collection for businesses and households, supported by voluntary industry goals set by organizations like WRAP. Both models highlight the effectiveness of proactive Legislative Impact Assessments, a methodology absent in the Brazilian process for the 2020 Law, which helped anticipate consequences and build consensus.
A critical gap identified in the pending Brazilian bills is the failure to fully integrate the issue of food loss and waste with public health. Such a situation is replicated in Law No. 15.224 of 2020. Health research has frequently, in recent years, consistently links the consumption of ultra-processed foods (UPFs)—often cheaper and more accessible to low-income populations—with rising rates of obesity, cardiovascular diseases, and qualitative hunger. Reducing food loss and waste through better distribution of in natura foods is essential, as dietary patterns rich in plant-based foods are associated with lower adiposity indicators. The authors argue that any national policy on food loss and waste must also promote food and nutritional education to address consumer behaviour and the “indignidade alimentar” (food indignity) associated with the persistent lack of access to quality food.
The study underscores that Food and Nutritional Security is guaranteed as a social right under Article 6 of the Federal Constitution, alongside education, health, and work. Recent governmental efforts, such as the institution of the Plano Brasil Sem Fome (Brazil Without Hunger Plan) and the establishment of the National Food Supply Policy, show a renewed commitment to Food and Nutritional Security and to implementing measures for food loss and waste reduction and integral food use. However, the historical lack of integration and the superficial treatment of food loss and waste in national plans demonstrate a systemic misunderstanding of the issue's complexity.
The analysis concludes that Brazil faces a challenging road ahead to create an effective and unified national policy on food loss and waste. The path requires accelerated legislative debate to overcome the flaws of the 2020 Law and resolve the legal conflict with the Civil and Consumer Codes. The new legal framework must provide clear incentives, ensure legal certainty for all actors, and move beyond donation to address losses across the entire supply chain.
It is fundamental that the Parliament, the Government, and civil society coordinate their efforts to ensure the resulting legal framework is comprehensive, clear, and evidence-based, thereby contributing significantly to eradicating hunger and building a more just, efficient, and sustainable food system for all Brazilians.