Supplier Code of Conduct

Introduction

A. Mission:

At Daily Harvest, we take care of food so food can take care of you. Taking care of food means taking care of the people who grow and supply our food, taking care of the planet, and taking care of our customers. Taking care of food also means making sure our food is not only produced with the highest quality and flavor but also under the highest ethical standards. This starts with ensuring our supplier partners are committed to doing the same, by adhering to our specific social, environmental and ethical standards. 

Daily Harvest seeks to have a positive economic, environmental and social impact through our company operations. 

Daily Harvest Supplier Code of Conduct (the “Code”), attached, serves to ensure that our ingredient suppliers, our manufacturing partners and other vendors (collectively, “Suppliers”) meet the basic global expectations of doing business as they relate to legal requirements, ethical practices, human rights and environmental standards.  These broad standards are primarily based on the Universal Declaration of Human Rights [1] and the International Labour Organization (ILO) conventions [2].

Provisions listed in the Code represent minimum and not maximum standards. All Suppliers are required to comply with the Code, which supplements but does not replace other requirements, including applicable national, regional and local laws and regulations, and industry best practices.

B. Scope of Application:

B.1 The provisions of this Code constitute the expectations and requirements for all Suppliers. These principles apply to all Suppliers and their employees, affiliated entities, and subcontractors, and Suppliers must communicate this Code to their employees, affiliated entities, and subcontractors in a manner that is understood by all (e.g., in the local language). If a Supplier works with another party that provides services or goods to the Supplier that are part of the services/goods that the Supplier provides to Daily Harvest, that other party must also agree to adhere to this Code. 

B.2 In order for a Supplier to do business with Daily Harvest, the Supplier is required to read and acknowledge that this Code provides the minimum standards expected of all Daily Harvest Suppliers. Each Supplier is responsible for developing and implementing all necessary and appropriate internal business processes to ensure compliance with this Code. Nothing in this Code is intended to limit any other obligation of the Supplier to Daily Harvest, including without limitation any terms, conditions, rights or obligations set forth in any written contract between Daily Harvest and Supplier.

C. Continuous Improvement:

The provisions as set forth in this Code provide the minimum standards expected of suppliers to Daily Harvest. Daily Harvest expects Suppliers, and their suppliers, to strive to excel beyond these minimum standards and continue to adopt industry best practices. Daily Harvest recognizes that maintaining the standards established in this Code is a continual process and encourages Suppliers to improve their workplace conditions accordingly.

D. Management, Monitoring and Evaluation:

Suppliers must adopt or establish a management system to carry out the Responsibilities of this Code. The management system will be designed to ensure Suppliers’ operations: (a) comply with this Code and applicable laws and regulations; (b) conform to these requirements; and (c) identify and mitigate operational risks related to these requirements.

Daily Harvest reserves the right to assess supplier compliance with this Code, either directly or with third parties. These assessments generally include confidential interviews with employees and on-site contract workers. Suppliers also may be required to complete a self-assessment questionnaire relating to all or some of the requirements set forth in this Code, and attest to their compliance.

E. Compliance:

Should a supplier violate any of the substantive provisions, the violation would be deemed a breach of the business agreement and allow Daily Harvest to terminate the business agreement as well as seek recourse (damages, other relief) for the breach.

[1] The Global Compact is a voluntary international corporate citizenship association initiated to advance responsible corporate citizenship and universal social and environmental principles. Daily Harvest strongly encourages all suppliers to actively participate in the Global Compact. The Code of Conduct addresses the issues included in the 10 principles of the Global Compact in the areas of human rights, labor, environment and anti-corruption. More information is available at www.unglobalcompact.org.

[2] The International labor Standards (ILO), are the pillars around much of this Supplier Code of Conduct is based. It is Daily Harvest’s expectation that all suppliers providing goods and services to the company will adhere to the principles concerning International labor Standards as outlined. ILO Conventions and Recommendations can be accessed at: http://www.ilo.org/global/standards/lang--en/index.htm

Human Rights Are Protected

1. Respect Human Rights: 

Daily Harvest Suppliers will support and respect the protection of internationally proclaimed human rights and ensure that they are not complicit, known or unknown, in any human rights abuses [3].

2. Prevent Harassment, Harsh or Inhumane Treatment: 

Physical abuse or discipline, the threat of physical abuse, sexual or other harassment, and verbal abuse, or other forms of intimidation shall be prohibited. 

Daily Harvest Suppliers will not engage in, nor allow their employees to engage in any: threats of violence, verbal or psychological harassment or abuse, and/or sexual exploitation and abuse. 

With respect to the prohibition of sexual exploitation and abuse, such standards include, but are not limited to, the prohibition of: (1) engaging in any sexual activity with any person under the age of 18, regardless of any laws of majority or consent, (2) exchanging any money, employment, goods, services, or other things of value, for sex, and/or (3) engaging in any sexual activity that is exploitive or degrading to any person. 

Daily Harvest also expects its Suppliers to create and maintain an environment that prevents sexual exploitation and abuse. No harsh or inhumane treatment coercion or corporal punishment of any kind is tolerated, nor is there to be the threat of any such treatment.

[3]  Principles derived from the Universal Declaration of Human Rights (UDHR) and are set out in the United Nations Global Compact.

Labor Rights are Respected

3. Protect the Freedom of Association and Collective Bargaining: 

Daily Harvest Suppliers shall recognize the freely-exercised right of workers, without distinction, to organize, further, and defend their interests and bargain collectively, as well as to protect those workers from any action or other form of discrimination related to the exercise of their right to organize, to carry out trade union activities and to bargain collectively. 

Where the right to freedom of association and collective bargaining is restricted under law, the Supplier shall not hinder the development of lawful parallel means for independent and free association and bargaining. Workers’ representatives will not be discriminated against and have access to carry out their representative functions in the workplace. [4]

[4] LO fundamental Conventions, No. 87, Freedom of Association and Protection of the Right to Organise, 1948 and No. 98, Right to Organise and Collective Bargaining, 1949.

4. Prevent Forced or Compulsory Labor: 

Daily Harvest Suppliers shall prohibit forced or compulsory labor in all its forms, including forced, bonded, involuntary prison labor, or human trafficking. If a Supplier recruits foreign contract workers, the Supplier must ensure consistent contract terms are upheld from recruitment to employment. 

Furthermore, no worker shall be employed for any period of time against his or her will and each worker shall maintain possession of his or her travel documents. [5]

[5] ILO fundamental conventions, No. 29, Forced labour, 1930, its Protocol of 2014 and No. 105, Abolition of Forced labour, 1957.

5. Protect Children and Prevent Child Labor: 

Daily Harvest Suppliers shall not employ children below 14 years of age or, if higher than that age, the minimum age of employment permitted by the law of the country or countries where the performance, in whole or in part, of services takes place, or the age of the end of compulsory schooling in that country or countries, whichever is higher.

Suppliers shall develop or participate in and contribute to policies and programs which provide for the transition of any child found to be performing child labor to enable her or him to attend and remain in quality education until no longer a child [6]. Suppliers shall not employ persons under the age of 18 for work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of such persons. 

[6] ILO fundamental Conventions, No. 138, Minimum Age, 1973 and No. 182, Worst Forms of Child labour, 1999 and in United Nations Convention on the Rights of the Child. “Child” defined as Child: Every boy and girl under the age of 18. The UN Convention on the Rights of the Child (1989) says: “For the purpose of this present Convention, a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier” (article 1). 

6. Stop Discrimination: 

Daily Harvest Suppliers shall ensure equality of opportunity and treatment in respect of employment and occupation without discrimination on grounds of race, color, sex, religion, political opinion, sexual orientation, national extraction or social origin, and such other ground as may be recognized under the national law of the country or countries where the performance, in whole or in part, of services takes place. [7]

Daily Harvest expects its Suppliers to take measures to ensure that neither themselves nor their employees, affiliates, or subcontractors are engaged in any gender-based or other discriminatory employment practices, including those relating to recruitment, promotion, training, remuneration, and benefits. 

[7] ILO fundamental Conventions, No. 100, Equal Remuneration, 1951and No. 111, Discrimination (Employment and Occupation), 1958.

7. Provide Responsible Wages, Working Hours, and Other Conditions of Work: 

Daily Harvest expects its Suppliers to ensure the timely payment of wages in legal tender, at regular intervals no longer than one month, in full and directly to the workers. 

Suppliers will keep an appropriate record of payments. Deductions from wages are permitted only under conditions of the applicable law, regulations, or collective agreement. Suppliers should inform the workers concerned of such deductions at the time of each payment. The wages, hours of work, and other conditions of work provided by suppliers should be not less favorable than the best conditions prevailing locally, for work of the same character performed in the trade or industry concerned in the concerned area. [8]

Working hours, excluding overtime, shall be defined by contract, and shall not exceed 48 hours per week. All overtime shall be voluntary.  Overtime shall always be compensated at a premium rate, which is recommended to be not less than 125% of the regular rate of pay.  

Workers shall be provided with at least one day off in every seven day period or, where allowed by national law, two days off in every 14 day period.

[8] ILO Conventions No. 95, Protection of Wages, 1949 and No. 94, labour Clauses (Public Contracts), 1949 and in a number of Conventions addressing working time

8. Promote Health and Ensure Safety: 

Daily Harvest expects its Suppliers to ensure, so far as is reasonably practicable, that: 

(a) the workplaces, machinery, equipment, and processes under their control are safe and without risk to health; 

(b) the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken; and 

(c) where necessary, adequate protective clothing and protective equipment are provided to prevent, so far as is reasonably practicable, risk of accidents or of adverse effects to health. [9] 

Access to clean toilet facilities and to potable water and sanitary facilities for food storage shall be provided. Accommodation, where provided, shall be clean, safe, and meet the basic needs of the workers. 

Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers. Supplier shall monitor the use and storage of chemicals potentially dangerous to human health, such as pesticides and fungicides. 

Lastly, Suppliers shall employ appropriate identification, prevention, and remediation of workplace hazards.

[9] ILO Conventions, Recommendations and Codes of Practice

The Planet is Protected

9. Preserve the Environment: 

Daily Harvest Suppliers shall have an effective environmental policy. Suppliers must comply with existing legislation and regulations regarding the protection of the environment. Supplier shall keep current all environmental permits and registrations as required by environmental laws and regulations.

Suppliers shall seek continuous improvement within pollution prevention, responsible use of raw materials and natural resources, and operationally efficient designs which reduce harmful impacts on the environment. 

Suppliers should support a precautionary approach to environmental matters, undertake initiatives to promote greater environmental responsibility and encourage the diffusion of environmentally friendly technologies implementing sound life-cycle practices. 

10. Combat Climate Change: 

Daily Harvest recognizes that climate change is a serious threat to human populations and believes that it and its Suppliers should all do our part to reduce harmful greenhouse gas (GHG) emissions. 

Suppliers shall acknowledge and implement the goals of the Paris Climate Accord where applicable in their operations.

Daily Harvest expects Suppliers to enact a systematic strategy to address climate change in all aspects of their business, specifically the growing, sourcing, manufacturing, and shipping of ingredients. 

Suppliers shall have a plan to measure performance against each objective to ensure improvement, provide transparency to objectives, quantification, and performance.  Supplier shall obtain independent verification of the above efforts as best possible and provide the information upon request.

11. Minimize Waste, Maximize Recycling: 

Waste of all types, including water, food, and energy, are to be reduced or eliminated at the source or by practices such as modifying production, maintenance, and facility processes, materials substitution, conservation, recycling, composting, and reusing materials. 

12. Control Air Emissions: 

Air emissions of volatile organic chemicals, aerosols, corrosives, particulates, ozone-depleting chemicals, and combustion by-products generated from operations are to be characterized, monitored, controlled, and treated as required prior to discharge or disposal.

13. Manage Chemical and Hazardous Materials: 

Chemical and other materials posing a hazard if released to the environment are to be identified and managed to ensure their safe handling, movement, storage, recycling, or reuse and disposal. 

14. Responsibly Handle Wastewater and Solid Waste: 

Wastewater and solid waste generated from operations, industrial processes, and sanitation facilities are to be monitored, controlled, and treated as required prior to discharge or disposal, in accordance with local regulations.

Ethical Conduct

15.  Provide Product & Service Quality:

Suppliers must meet regulatory quality and safety standards, in addition to our internal quality standards, policies, specifications, procedures, and contract requirements.

16.  Avoid Conflicts of Interest:

Suppliers shall avoid all conflicts of interest or situations giving the appearance of a potential conflict of interest in their dealings with Daily Harvest. Suppliers are expected to report to Daily Harvest, any situations of potential or apparent conflicts between personal interests and the interests of Daily Harvest.

Daily Harvest prohibits giving or accepting gifts or entertainment from any of its Suppliers that are excessive in value or that are not accompanied by business discussions unless applicable law prohibits the giving or accepting of gifts or entertainment, in which case gifts or entertainment is not permitted.

17. Protect Antitrust:

Daily Harvest is committed to complying with laws governing fair competition and expects all Suppliers uphold standards of fair business, advertising and competition.

18. Ensure Documentation:

Suppliers shall honestly and accurately record and report all business information and comply with all applicable laws regarding their completion, accuracy, retention, and disposal of information.

19. Prevent Corruption: 

Daily Harvest Suppliers must adhere to the highest standards of moral and ethical conduct, to respect local laws, and not engage in any form of corrupt practices, including but not limited to extortion, fraud, kickbacks or bribery whether in dealings with public officials or individuals in the private sector.

Suppliers shall not attempt to obtain an improper advantage by misrepresentation of relevant information in dealings with customers.

20. Provide Transparency and Traceability: 

Daily Harvest requires open and transparent dialogue and information exchange with our Suppliers. Suppliers must have full traceability in their sourcing and production of all ingredients originating from all sources, and furnish to Daily Harvest upon request in the event of an incident. Supplier shall under no means falsify such information. 

21. Promote Anti-retaliation: 

Supplier shall prohibit unlawful retaliation against employees who report a compliance or ethical issue learned during the course of work performed on behalf of Daily Harvest, or who cooperate in good faith with the investigation of a complaint. 

Suppliers shall provide an anonymous complaint mechanism for workers to report workplace grievances and Code of Conduct violations in accordance with local laws and regulations.

22. Protect Confidentiality & Intellectual Property:

All Suppliers and their representatives are expected to maintain the confidentiality of information entrusted to them by Daily Harvest, its clients or its customers. 

Suppliers must respect and protect Daily Harvest’s, and its customers’ and clients’, intellectual property rights and maintain the confidentiality of trade secrets and confidential information. Confidential or non-public information should only be used for permissible business purposes and in accordance with any restrictions imposed by Daily Harvest, its clients or customers.

23. Ensure Security & Privacy:

Suppliers will protect the privacy of personal information of everyone with whom they do business, including suppliers, customers, consumers, and workers and will comply with Daily Harvest’s Information Security Policy if they have access to Confidential Client or Personal Information.

Suppliers must take all reasonable measures to secure physical, electronic, or intellectual assets.