2nd Session, 43rd Legislature

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Bill 230

THE GROCERY STORE FOOD WASTE PREVENTION ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1(1)   The following definitions apply in this Act.

"donation agreement" means an agreement between a food bank and the owner of a grocery store under section 3. (« convention de dons alimentaires »)

"food bank" means a charity, non-profit organization or community group that collects food and distributes it at no cost to persons experiencing food insecurity. (« banque alimentaire »)

"grocery store" means a store that is at least 280 m² in size that

(a) offers for sale a variety of the following types of food products primarily for preparation and consumption outside the store:

(i) canned, dry and frozen foods,

(ii) fresh fruit and vegetables,

(iii) meats, fish and poultry, whether fresh or prepared,

(iv) dairy products,

(v) bakery products, including products baked in-store,

(vi) snack foods; or

(b) meets the criteria set out in the regulations. (« épicerie »)

Interpretation — "usable food"

1(2)   For the purpose of this Act, "usable food" means food that is fit for human consumption. For greater certainty, food remains fit for human consumption if

(a) the food is past a stated "best before" date as long as it has not spoiled or gone rotten;

(b) the food is bruised, irregularly shaped or of an uneven colour; or

(c) the can or packaging containing the food is dented or damaged as long as the food is not affected.

Purpose

2   The purpose of this Act is to require grocery stores to donate unsold usable food that would otherwise be thrown out to food banks.

Request for donation agreement

3(1)   A food bank may make a written request to the owner of a grocery store to enter into an agreement to donate all unsold usable food that would otherwise be thrown out to the food bank.

Requirement to enter into donation agreement

3(2)   The owner of a grocery store who receives a request under subsection (1) must enter into a donation agreement with the food bank unless the owner has already entered into a donation agreement with a different food bank.

Terms of donation agreement

3(3)   The donation agreement must

(a) require the grocery store to notify the food bank when it has unsold usable food to donate;

(b) require the food bank to pick up the unsold usable food from the grocery store at the times and locations set out in the agreement unless the grocery store agrees to deliver it directly to the food bank; and

(c) contain any additional terms or conditions prescribed by regulation.

Duties of grocery store under agreement

4   When a donation agreement is in place, the owner of a grocery store must ensure that

(a) all unsold usable food is donated to the food bank in accordance with the donation agreement; and

(b) no unsold usable food from the grocery store is thrown out unless

(i) the food bank refuses to accept the food when it is donated,

(ii) the food bank fails to pick up the food as required under the donation agreement, or

(iii) the food is thrown out in circumstances specified by regulation.

Offence and penalties

5(1)   The owner of a grocery store who contravenes subsection 3(2) or section 4 is guilty of an offence and is liable on conviction,

(a) in the case of an individual,

(i) for a first offence, to a fine of not more than $5,000, and

(ii) for each subsequent offence, to a fine of not more than $10,000; and

(b) in the case of a corporation,

(i) for a first offence, to a fine of not more than $25,000, and

(ii) for each subsequent offence, to a fine of not more than $100,000.

Corporate officers and directors

5(2)   If a grocery store is owned by a corporation, an officer, director, employee or agent of the corporation who authorized, permitted or acquiesced in the contravention of subsection 3(2) or section 4 is also guilty of an offence and is liable on conviction to the penalty set out in clause (1)(a), whether or not the corporation has been prosecuted or convicted.

Regulations

6   The Lieutenant Governor in Council may make regulations

(a) prescribing criteria for the purpose of clause (b) of the definition "grocery store" in subsection 1(1);

(b) prescribing terms and conditions that must be contained in a donation agreement;

(c) specifying the circumstances when unsold usable food from grocery stores may be thrown out;

(d) specifying the circumstances when donation agreements may be terminated;

(e) exempting specified grocery stores or specified classes or types of grocery stores from the application of this Act;

(f) defining any word or expression used but not defined in this Act;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

C.C.S.M. reference

7   This Act may be referred to as chapter G101 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

8   This Act comes into force on a day to be fixed by proclamation.