Food waste fee: understand the law that bans the charge

Reducing food waste is — or should be — a concern for every restaurant manager, whether out of a stance against hunger or to avoid losses to the business.

The way out that is often found is charging a food waste fee.

However, this practice is considered abusive by the Consumer Protection Code (CDC). If you want to understand more about the subject and check out some tips to avoid waste in your restaurant, keep reading this article!

Food waste fee in restaurants: what it is and how it works

The food waste fee is an amount that some restaurants charge customers who do not eat all the food during the meal.

For example: someone who goes to an all-you-can-eat pizza place and orders several flavors to try, but leaves food on the plate. Or goes to an open buffet and sets aside one dish to serve themselves another.

This type of extra charge works like a fine. Ela tem como objetivo coibir o desperdício de alimentos por parte dos clientes e, assim, reduzir os prejuízos do estabelecimento. 

But watch out! The waste fee is not permitted by law and can end up harming the business, as we'll see below.

Is the waste fee legal?

According to the law, restaurants cannot charge customers a waste fee — not even with prior notice. This is an abusive practice, under item V of art. 39 of the Consumer Protection Code:

Art. 39. It is prohibited for the supplier of products or services, among other abusive practices, to:
(…)

V – demand a manifestly excessive advantage from the consumer;

It is understood that the customer has already paid for the meal and has the right to eat as much as they want. The waste fee is an extra charge for the same product, which constitutes a manifestly excessive advantage.

Therefore, if charged, the customer can refuse to pay or contact the Consumer Protection and Defense Program (Procon).

Can all-you-can-eat restaurants charge a waste fee?

Waste tends to be greater at rodízios and, because of that, some people are unsure whether or not it's allowed to charge a waste fee at this type of restaurant.

But the law applies to all business models. After all, the logic is the same: the customer is already paying for the meal, and the waste fee is considered a double charge, and therefore abusive.

Therefore, charging a waste fee at all-you-can-eat restaurants is not allowed.

Leia também: Is a Cover Charge Mandatory? Here's What the Law Says

Is it worth it for the restaurant to charge for waste?

It's still common to see posters or notices on the menu about charging the waste fee. Some restaurant managers even know the practice is illegal, but prefer to take the risk to try to discourage customers and reduce losses.

But is it really worth it?

If the charge is actually applied, the customer has the right to refuse to pay. This causes dissatisfaction, generates conflicts, and ruins the experience. Besides losing customers, the business's image and credibility can be affected.

But that's not all. If the consumer decides to take legal action, the establishment will have to pay a refund (often larger than the fee charged). And finally, by violating Article 39 of the CDC, the restaurant is subject to receiving a fine that can range from R$ 450,000 to R$ 7 million. 

Although it's an illegal practice, behind the waste fee there are also good intentions: encouraging conscious consumption, reducing food waste, and fighting hunger. If that's your case, check out our tips below!

How to reduce food waste in your restaurant?

According to the United Nations (UN), Brazil is the 10th country that wastes the most food in the world. Cada brasileiro joga fora cerca de 60 kg de alimentos em boas condições por ano. 

However, according to a study conducted by MindMiners in partnership with Nestlé, using data from the Brazilian Agricultural Research Corporation (Embrapa), most of the waste happens even before the food reaches the consumer's table:

• 50% in handling and transport
• 30% at supply centers
• 10% in the field
• 10% in retail and households

Despite this, everyone has responsibility and can take action to reduce food waste. At bars and restaurants, some measures that can help are:

Encourage conscious consumption

Promote actions to raise customers' awareness about food waste and encourage conscious consumption.

You can make posts on social media with information such as the UN data we mentioned above, put up posters in the establishment about the importance of reducing waste, or even create campaigns and promotions.

Put an end to order errors

Part of the food waste in restaurants happens because of the return of orders that were wrong due to a mistake by the waiter or the kitchen. Having a POS system that's fast and a KDS that's efficient is a way to put an end to these problems.

Optimize inventory control

It's unacceptable to throw food away because it has passed its expiration date. To prevent this from happening, it's essential to:

• have a good system for controle de estoque
• use the FIFO system (“First In, First Out”) when organizing the items
• have strategies to increase the turnover of products that are close to their expiration date, such as special combos and promotions.

Have good purchasing management

To eliminate waste, you need to buy only what's necessary — no more, no less.

Create product recipe cards and understand your customers' consumption behavior to know the exact amount of ingredients for the day's production. A good restaurant system like EPOC lets you do this easily.

Choose the best suppliers

As we saw earlier, food waste occurs throughout the chain, which is why it's important to choose suppliers who are also concerned about it. Good suppliers also deliver quality products that last longer.

Reduce plate or portion sizes

At all-you-can-eat restaurants and buffets, one measure that can help reduce waste is to decrease the size of the plates and portions. That way, customers don't take so much food at once and are less likely to overdo it and end up not eating everything.

Donate the surplus

Partner with social projects and donate your restaurant's surplus food. They collect the leftover food that's still fit for consumption at restaurants and distribute it to people who are going hungry.

So, what did you think of the tips? Start improving your restaurant's processes and put an end to waste. If you'd like to better understand how EPOC's solutions can help your business, talk to our specialists!