Bonjour. Mabuhay.

There is a new law signed by the president concerning Food and Safety for every Filipino. It is a long and exhaustive list of points so I tried to consolidate the finer important points here, as per my own judgement.

Take time to read it.

food safety

You can also see the full law at : http://www.gov.ph/2013/08/23/republic-act-no-10611/

Republic Act No. 10611

 AN ACT TO STRENGTHEN THE FOOD SAFETY REGULATORY SYSTEM IN THE COUNTRY TO PROTECT CONSUMER HEALTH AND FACILITATE MARKET ACCESS OF LOCAL FOODS AND FOOD PRODUCTS, AND FOR OTHER PURPOSES

ARTICLE I

DECLARATION OF POLICY AND OBJECTIVES

Section 15, Article II of the 1987 Philippine Constitution declares that the State shall protect and promote the right to health of the people and instil health consciousness among them. Furthermore, Section 9, Article XVI provides that the State shall protect consumers from trade malpractices and from substandard or hazardous products. Toward these ends, the State shall maintain a farm to fork food safety regulatory system that ensures a high level of food safety, promotes fair trade and advances the global competitiveness of Philippine foods and food products.

Objectives. – To strengthen the food safety regulatory system in the country

ARTICLE II

DEFINITION OF TERMS

Food safety regulatory agencies (FSRAs) refer to the following national government agencies:

Under the Department of Agriculture (DA) – the Bureau of Animal Industry, the National Meat Inspection Service, the Bureau of Fisheries and Aquatic Resources, the Bureau of Plant Industry, the Fertilizer and Pesticide Authority, the Philippine Coconut Authority, the Sugar Regulatory Administration and the National Food Authority.

Under the Department of Health (DOH) – the Food and Drug Administration, the Center for Food Regulation and Research and the Bureau of Quarantine.

Hazard Analyses at Critical Control Points (HACCP) refer to a science-based system which identities, evaluates and controls hazards which are significant for food safety at critical points during a given stage in the food supply chain.

ARTICLE III

BASIC PRINCIPLES OF FOOD SAFETY

To ensure food safety

ARTICLE IV

GENERAL PRINCIPLES

Food Law Objectives. Food law shall aim for a high level of food safety, protection of human life and health in the production and consumption of food. It shall also aim for the protection of consumer interests through fair practices in the food trade.

Protection of Consumer Interests. The protection of consumer interest shall be geared towards the following:

(a) Prevention of adulteration, misbranding, fraudulent practices and other practices which mislead the consumer; and

(b) Prevention of misrepresentation in the labelling and false advertising in the presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged, the setting in which they are displayed, and the product description including the information which is made available about them through whatever medium. Where relevant, the presentation of goods shall provide consumers a basis to make informed choices in relation to the food they purchase.

ARTICLE V

RESPONSIBILITIES ON FOOD SAFETY

Principal Responsibility of Food Business Operators. – Food business operators shall ensure that, food satisfies the requirements of food law relevant to their activities in the food supply chain and that control systems are in place to prevent, eliminate or reduce risks to consumers.

Specific Responsibilities of Food Business Operators. Food business operators shall have the following responsibilities under this Act:

(a) Food business operators shall be knowledgeable of the specific requirements of food law relevant, to their activities in the food supply chain and the procedures adopted by relevant government agencies that implement the law. They shall adopt, apply and be well informed of codes and principles for good practices. Micro and small industries shall be assisted to facilitate their adoption of such practices;

(b) If a food business operator considers or has reason to believe that a food which it produced, processed, distributed or imported is not safe or not in compliance with food safety requirements, it shall immediately initiate procedures to withdraw the food in question from the market and inform the regulatory authority;

(c) Food business operators shall allow inspection of their businesses and collaborate with the regulatory authorities on action taken to avoid risks posed by the food product/s which they have supplied, and

(d) Where the unsafe or noncompliant food product may have reached the consumer, the operator shall effectively and accurately inform the consumers of the reason for the withdrawal, and if necessary, recall the same from the market.

Principal Responsibilities of Government Agencies. – The DA, the DOH, the DILG and the LGUs shall have the following responsibilities:

(a) The DA shall be responsible for food safety in the primary production and post harvest stages of food supply chain and foods locally produced or imported in this category;

(b) The DOH shall be responsible for the safety of processed and prepackaged foods, foods locally produced or imported under this category and the conduct of monitoring and epidemiological studies on food-borne illnesses;

(c) The LGUs shall be responsible for food safety in food businesses such as, but not limited to, activities in slaughterhouses, dressing plants, fish ports, wet markets, supermarkets, school canteens, restaurants, catering establishments and water refilling stations. The LGU shall also be responsible for street food sale, including ambulant vending;

(d) The DILG, in collaboration with the DA, the DOH and other government agencies shall supervise the enforcement of food safety and sanitary rules and regulations as well as the inspection and compliance of business establishments and facilities within its territorial jurisdiction;

 

ARTICLE VI

FOOD SAFETY REGULATION COORDINATING BOARD (FSRCB)

Powers and Functions. – There is hereby created a Food Safety Regulation Coordinating Board, hereinafter referred to as the Board, with the following powers and functions:.

Accountability for Food Safety Regulation. – The FSRAs of the DA and the DOH, in coordination with the LGUs, shall be responsible in ensuring food safety at various stages of the food supply chain within their specified mandates.

ARTICLE VII

CRISIS MANAGEMENT

Rapid Alert System. – A rapid alert system for the notification of a direct or indirect risk to human health due to food shall be established by the FSRCB.

ARTICLE VIII

IMPLEMENTATION OF FOOD SAFETY REGULATIONS

Policies on Official Controls. – Official controls are established to verify compliance with food laws and regulations and shall be prepared by each agency. The following shall govern the exercise of official controls:

*Licensing, Registration of Establishments.

*Inspection of Food Business Operators

ARTICLE IX

TRAINING AND CONSUMER EDUCATION

Training. – Skills training and other instructional/educational activities shall be regularly provided to food business operators, food handlers and to government personnel as follows:

be trained on HACCP, on the codes of good practice and on technologies that will enable them to comply with regulations;

Consumer Education. – A consumer education program shall be developed by the DA, the DOH and the LGUs in partnership with the Department of Education, the implementation of which shall be carried out by the latter.

Funding. – Funds shall be provided for the development and implementation of training and consumer education programs.

ARTICLE XI

POLICY ON FEES

Collection of Fees. – The DA, the DOH and the LGUs, where applicable, shall be allowed to collect fees for the inspection of food products, production and processing facilities, issuance of import or export certificates, laboratory testing of food samples and other fees as may be deemed necessary.

ARTICLE XII

PENALTIES AND SANCTIONS

Penalty

Penalty

Other sanctions

first conviction >50,000 but not more than 100,000 suspension of appropriate authorization for one (1) month shall be imposed;

 

second conviction >100,000 but not more than 200,000 suspension of appropriate authorization for three (3) months shall be imposed;

 

third conviction 200,000 but not more than 300,000 suspension of appropriate authorization for six (6) months shall be imposed
violation resulting in slight physical injury of a person >200,000 but not more than 300,000 suspension of appropriate authorization for six (6) months shall be imposed

* offender shall also pay the hospitalization and rehabilitation cost of a person

violation resulting in less serious or serious physical injury of a person >200,000 but not more than 300,000 suspension of appropriate authorization for one (1) year shall be imposed

* offender shall also pay the hospitalization and rehabilitation cost of a person

violation resulting in death of a person

 

imprisonment of not less than six (6) months and one (1) day but not more than six (6) years and one (1) day

>300,000 not more than 500,000

permanent revocation of appropriate authorization to operate a food business shall be imposed

ARTICLE XIII

FINAL PROVISIONS

SEC. 39. Implementing Rules and Regulations. – The DA and the DOH shall jointly issue the implementing rules and regulations within ninety (90) days after the effectivity of this Act.

SEC. 40. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

SEC. 41. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 42. Effectivity. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.