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8 April 2026
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Laws must unlock food waste value

Thailand throws away food on a massive scale. Yet much of what ends up in the bin could still feed people, animals, or even produce energy. The real problem is not simply waste but a system that makes reuse difficult.

Each person in Thailand generates about 154 kilograms of food waste a year. In 2024 alone, the country produced more than 10.1 million tonnes, almost one-third of all municipal waste nationwide.

The striking thing is how much of this waste still has value. More than 40% of food waste could still be used. Even food that can no longer be eaten as it is does not have to go to waste. It can still be turned into animal feed, fertiliser or energy.

Food waste is often blamed on households. But the issue runs far deeper than the kitchen. Waste occurs throughout the food system—in the way food is produced, distributed, and consumed. It shows up everywhere: in fresh markets, retail shops, hotels, and large urban communities.

It’s clear. Food waste is not simply about consumer habits. It reflects how the entire food system works.

And when so much food is thrown away despite its potential value, the problem goes beyond eating habits or business practices. It also reveals legal and regulatory barriers that make it harder for Thailand to move towards a genuine circular economy.

The problem is particularly clear in how surplus food and food waste are managed. Together they make up a major share of the country’s waste. Public awareness has begun to grow, and some initiatives now redirect surplus food to people in need through charitable organisations.

Yet a major obstacle remains. Thailand still lacks specific legislation to guide the systematic management of surplus food and food waste. There is also no clear lead agency responsible for the issue. Without coordination, efforts are then scattered and difficult to expand.

Surplus food refers to food produced or supplied in excess of demand but still safe and of good quality. This includes food nearing its expiry date or unsold items left on retail shelves.

At present, the Food Act of 1979 focuses mainly on consumer protection and food safety. These safeguards are essential. But the law has no measures to make use of surplus food. 

Another important problem: There is no legal protection for food donors. Even when businesses donate surplus food in good faith, they can still face civil or criminal liability if something goes wrong after the food is eaten. 

With that risk hanging over them, many companies choose to destroy surplus food rather than donate it. Legally speaking, throwing it away feels safer.

Tax rules create another layer of difficulty. Under current regulations, donated goods are still taxed. Businesses are required to include the value of donated food when calculating value-added tax.

There are exemptions for certain fresh foods and agricultural products. But they apply only in limited cases and do not reflect the kinds of surplus food commonly generated in the retail and food industries.

Food donations are also treated as charitable expenses. Companies can claim a deduction of no more than 2% of net profit. For businesses with large volumes of surplus food, that cap means the tax benefit often falls far short of the value of what they donate.

Food waste—surplus food that has deteriorated or expired and can no longer be eaten—presents another set of challenges. Laws such as the 1992 Public Health Act and the 1992 Cleanliness and Orderliness Act focus mainly on sanitation and the safe disposal of waste.

Local administrative organisations are responsible for waste management. In many areas, however, their waste separation systems are still lacking. Food waste is often mixed with general waste, making recovery or reuse far more difficult.

Even when businesses want to turn food waste into fertiliser or energy, regulatory hurdles remain. These activities require strict approval from local authorities. Transporting food waste across administrative boundaries can also involve lengthy approval procedures.

Not surprisingly, such obstacles discourage investment and limit opportunities to put food waste to productive use.

To tackle the problem, Thailand needs to bring its rules into line with the principles of a circular economy. That begins with a change in mindset.

Unsold or uneaten food should not automatically be treated as waste. In many cases it is still a resource—one that can be redistributed for people to eat, used as animal feed, processed into new products, or converted into energy. Only a small portion should ultimately need disposal.

Policies, therefore, need to make food donation safe, practical, and economically sensible for businesses. This means combining clear regulatory standards with meaningful incentives so that donating food becomes a better option than destroying it.

On the regulatory side, the government should establish clear standards for food donations, based on levels of risk. These should cover transportation, storage, and handling. Donors and intermediary organisations should also be registered and required to share information with regulators to ensure safety and accountability.

Tax incentives could also help change behaviour. Food donated through government-approved organisations could be treated in ways that reduce the value-added tax burden on businesses. Additional deductions could support activities such as food separation, donation, and redistribution.

Waste collection fees could also reflect how much food is thrown away. The Pay-As-You-Throw system should be used to make those who discard more waste pay more. The environmental costs will be clearer, giving businesses a financial reason to donate or reuse food instead of throwing it away.

Importantly, there should be a law to protect donors who give food in good faith unless gross negligence or intentional misconduct occurs. Many countries already have this legislation. Such legal protection would lower the risks for businesses and make them more willing to share surplus food instead of throwing it away.

Thailand also needs a clear lead agency to take charge of the issue, better data systems, and closer coordination between central and local authorities. Food waste should be separated from the start, with common standards that local administrations across the country can follow.

Approval procedures for collecting, transporting, and processing food waste should also be streamlined and clarified. That would open the door for businesses and communities to play a bigger role in reducing food waste.

Food waste does not lose its value the moment it is thrown away. What disappears instead is the chance to turn it into something useful.

Many countries are already moving in that direction. The question now is whether Thailand will do the same—or continue letting that value slip quietly into the landfill.

Chanisara Dumkum and Theerat Dejitikul are researchers at the Thailand Development and Research Institute (TDRI). Their policy analyses appear in the Bangkok Post on 8 April 2026.

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