--- title: Reduce Food Waste in Supply Chain date: 2024-08-22T09:58:41Z modified: 2025-07-23T11:29:44Z permalink: "https://chancerylaneproject.org/clauses/reduce-food-waste-in-supply-chain/" type: clause status: publish excerpt: "" wpid: 5841 jurisdiction: - USA maintenance-status: - Not maintained practice-area: - Commercial - Supply chain sector: - Agriculture - Consumer goods, services and retail clause_child_name: "Antonio's Clause" clause_summary: "

Clause to redress the balance in the food chain by promoting fairness for the producer whilst supporting the customer to ensure produce is not wasted at any point throughout the supply chain.

" clause_last_updated_date: 2024-09-10 related_clauses: false --- ## Child’s name Antonio’s Clause ## Summary Clause to redress the balance in the food chain by promoting fairness for the producer whilst supporting the customer to ensure produce is not wasted at any point throughout the supply chain. ## What this clause does A clause to help reduce food waste in the supply chain. This can help businesses achieve their sustainability goals, including reducing greenhouse gas (GHG) emissions. The financial benefits of properly considering food waste in the supply chain are considerable. ## Clause Content _\[Drafting note: Capitalized terms relate to either a defined term in this clause or a defined term in the main agreement that this clause is designed to be inserted into.\]_ 1\. Each of the parties agrees to use \[all\] reasonable endeavors, and cooperate in good faith with the other party and its contractors, to minimize and reduce the Total Food Waste. 2\. Each party shall: 2.1. so far as reasonably practicable, measure and record any Food Waste related to this Agreement that it generates, describing its extent and stating its cause (if known) and provide such measurement to the other party each year \[and more frequently as the other party may reasonably request, providing that such request is not exercised more than \[once per quarter\]\]; 2.2. keep up to date complete written records of the Food Waste reduction activity it undertakes and any associated data and provide the same to the other party each year \[and more frequently as the other party may reasonably request, providing that such request is not exercised more than \[once per quarter\]\]; 2.3. attend regular meetings (at least once every \[●\] months) with the other party’s sustainability manager or other designated representative to present, to consider and discuss their respective plans and current progress towards achieving the Food Waste Reduction Target; 2.4. so far as reasonably practicable, avoid any act or failure to act that may result in Food Waste; 2.5. work with the other party to ensure that the Customer’s requirements and orders for the Goods are fulfilled by the Supplier in such as a way as to minimize any Food Waste;\* 2.6. ensure that any Rejected Goods will be rejected in a timely manner to allow the Supplier to attempt to avoid the risk of the Goods becoming Food Waste (including by the sale of Goods to a third party). 3\. The parties agree that the Projected Total Food Waste related to this Agreement will be quantified in the Initial Food Waste Report and then (together with the Total Food Waste) in the subsequent Annual Food Waste Reports. 4\. The Supplier shall, subject to \[reasonable\] access to the Customer’s Food Waste data in accordance with clauses \[2.1 and 2.2\]:\*\* 4.1. collate its own data and the Customer’s data on Food Waste, and analyze that data as required in order to produce the Initial Food Waste Report and the Annual Food Waste Reports; 4.2. provide the Customer with the Initial Food Waste Report within \[60 (sixty)\] days of the Commencement Date and the Annual Food Waste Reports by the applicable Food Waste Report Date; and 4.3. arrange, at the Customer’s \[reasonable\] request and \[sole\] cost, for a Food Waste Consultant to undertake an independent assessment and verification of the Initial Food Waste Report and the subsequent Annual Food Waste Reports, and make a copy of the results of that assessment and verification available to the Customer as soon as reasonably practicable after receipt. 5\. The \[Supplier shall\] \[OR\] \[parties shall work together to\] develop and implement a plan of continuous improvement with the objective of reducing Food Waste throughout the term of this Agreement \[by \[_set percentage reduction target_\] per Food Waste Reporting Period\] (the Food Waste Reduction Target). 6\. Each party warrants and agrees that: 6.1. all Food Waste data and reports it provides to the other party (including, without limitation, the Initial Food Waste Report and the Annual Food Waste Reports) are and will be, to the best of their knowledge and belief, in all material respects complete, accurate and not misleading and will be promptly updated or corrected if a party determines that any such data or report contains a material error\[; and 6.2. it will not offer preferential terms to third parties who do not require a Food Waste reduction target or similar obligations in their contracts.\]\*\*\* 7\. All information, data and reports shared by the parties pursuant to clauses \[1 to 6 above\] shall be deemed to be \[Confidential Information\] for the purposes of this Agreement. _\* \[Drafting note: This is drafted only to cover food waste, however users may wish to combine it with other TCLP supply clauses to include consideration of carbon emissions.\]_ _\*\* \[Drafting note: This obligation may be given to the Customer or to both parties jointly. It is possible that either a discount or increase in price may be necessary to cover the additional expense in creating the necessary reports.\]_ _\*\*\* \[Drafting note: Do not use the bracketed text at clause from the end of clause 6.1 and at clause 6.2 without first obtaining antitrust and consumer protection law advice, as applicable, to ensure that this provision is not at risk of being considered a restraint of trade.\]_ ## Topics **Jurisdictions:** [USA](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/jurisdiction/usa.md) **Maintenance status:** [Not maintained](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/maintenance-status/not-maintained.md) **Practice Areas:** [Commercial](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/practice-area/commercial.md), [Supply chain](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/practice-area/supply-chain.md) **Sectors:** [Agriculture](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/sector/agriculture.md), [Consumer goods, services and retail](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/sector/consumer-goods-services-and-retail.md)