Peru: Policy Highlights and Opportunities
While Peru has not published official food loss and waste data, estimates suggest that the country loses or wastes 9 million tons of food each year. At the same time, more than 3.1 million people were suffering from food insecurity prior to the novel coronavirus (COVID-19) pandemic.
Atlas Research: Peru
Peru research was published in February 2021 and was made possible with the advice and support of our on-site partners, including Banco de Alimentos Perú.
Food Safety for Donations
Food donors in Peru express some uncertainty as to which food safety standards apply to donated food. The national government should offer clarification by
amending the regulation of the Food Safety Act to further detail the food sanitary standards to which donated food is subject.
Liability Protection for Food Donations
Peru limits potential liability that may be imposed on food donors and food recovery organizations in the event that a beneficiary is harmed. Under the Food Donation Law,
food donors are only held civilly or criminally liable for damages if there is proof of gross negligence or fraud (willful misconduct) associated with the delivery of the donated food.
Policy Opportunities and Recommendations
Peru’s date labeling scheme fails to provide food donors and food recovery organizations with clear direction on the proper meaning and application of available date labels.
The Peruvian government should establish a dual date labeling system that clearly distinguishes between safety-based and quality-based date labels.
Tax Incentives and Barriers
The Food Donation Law introduces a tax scheme that allows donors to claim a benefit for food donations that have lost commercial value and for associated costs such as storage and transportation.
However, the national government should further adjust the tax benefit regime to more effectively incentivize food donations.
Donation Requirements or Food Waste Penalties
Peru introduced a donation requirement imposed on food storage facilities and supermarkets as part of the Food Donation Law. This requirement was intended to go into effect in August 2019, three years after the Law’s enactment.
At the time of writing, however, the government had not yet issued final regulations defining the application and enforcement of the requirement.