The Consumer Act of the Philippines (RA Act No. 7394) aims to protect consumer interests and welfare by establishing standards for business conduct and ensuring consumer rights, including safety, information, and redress. It outlines the roles of various government agencies in implementing the Act and provides guidelines for labeling and safety of consumer products. Additionally, the Food Safety Act of 2013 strengthens the food safety regulatory system to protect public health and facilitate market access for local foods.
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0 ratings0% found this document useful (0 votes)
8 views13 pages
Reviewer
The Consumer Act of the Philippines (RA Act No. 7394) aims to protect consumer interests and welfare by establishing standards for business conduct and ensuring consumer rights, including safety, information, and redress. It outlines the roles of various government agencies in implementing the Act and provides guidelines for labeling and safety of consumer products. Additionally, the Food Safety Act of 2013 strengthens the food safety regulatory system to protect public health and facilitate market access for local foods.
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 13
RA Act No. 7394 - This Act shall be known as the manufacturer.
In case of imported products, the
"Consumer Act of the Philippines.“ manufacturer's representatives or, in his absence, the Effectivity - thirty (30) days from the date of its importer, shall be deemed the manufacturer. publication in the Official Gazette. Objectives Approved: April 13, 1992 A) Protection Against Hazards To Health And Safety; Purpose - Protect consumer interests and promote B) Protection Against Deceptive, Unfair And welfare. Unconscionable Sales Acts And Practices; Importance- Establishes standards for business conduct. C) Provision Of Information And Education To Facilitate Sound Choice And The Proper Exercise Of Rights By The Definition of Terms Consumer; Consumer - natural person who is a purchaser, lessee, D) Provision Of Adequate Rights And Means Of Redress; recipient or prospective purchaser, lessor or recipient of And consumer products, services or credit. E) Involvement Of Consumer Representatives In The Food - any substance, whether processed, semi-processed Formulation Of Social And Economic Policies. or raw, intended for human consumption. Article 148: This article establishes the National Manufacture - any and all operations involved in the Consumer Affairs Council, aimed at enhancing the production, including preparation, propagation, management, coordination, and effectiveness of processing, formulating, filing, packing, repacking, consumer programs. altering, ornamenting, finishing or otherwise changing the Article 149: Composition: The Council is composed of container, wrapper or labeling of a consumer product in representatives from various government departments and the furtherance of the distribution of the same from the consumer organizations. Specifically, it includes: original place of manufacture to the person who makes the Government Agencies: Department of Trade and final delivery or sale to the ultimate consumer. Industry, Department of Education, Culture and Manufacturer - any person who manufactures, Sports, Department of Health, Department of assembles or processes consumer products, except that if Agriculture. the goods are manufactured, assembled or processed for Consumer Organizations: Four representatives selected another person who attaches his own brand name to the by the President.Business Sector: Two representatives consumer products, the latter shall be deemed the from business/industry, also chosen by the President. Consumer Rights • Right to Redress • Right to Safety • Right to Representation • Right to Information • Right to Education • Right to Choose • Right to a Healthy Environment What government agencies implement the Consumer DEPARTMENT OF TRADE AND INDUSTRY (DTI) Act? What are their areas of concern? • Consumer Product Quality & Safety • Price Tag • Deceptive, unfair and unconscionable sales act • Labeling and Packaging and practices • Liability foe Products and Services • Weights and measures (metrication) • Services and repair shops • Consumer Products and Service Warranties • Advertising and sales promotion Department of Agriculture (DA) • Labeling and packaging • Agricultural Products Department of Education, Culture and Sports (DECS) • Quality and safety • Consumer education and information Department of Health (DOH) When is the Consumer Act applicable? • Food, drugs, cosmetics and devices and If the COMPLAINT is a natural person; hazardous substance If the SUBJECT of the violation is a consumer • Quality and safety product or service; and • Labeling and Packaging If the NATURE of the complaint is regarding any of • Advertising and Sales Promotion the aforementioned concerns • Price Tag What is a consumer product or service? • Bangko Sentral ng Pilipinas (BSP) Consumer product or service means goods, service • Consumer Credit Transactions extended by banks credits, debts or obligations which are primarily for and other financial intermediaries personal, family, household or agricultural purpose, which shall include, but not limited to food, drugs, • Securities & Exchange Commission (SEC) cosmetics and devices. • Credit facilities extended to consumer by financing companies What can the consumer do if he has a complaint? • Complainant need not undergo the rigors and • Identify the problem -Identify the problem expense of a court case and what you believe would be a fair settlement. Food Labelling Law (Administrative Order No. o Do you want you money back? (Refund) 2014-0030) o Would you want the product repaired? Issuing Authority: Department of Health, (Repair) Philippines o Will Exchange do ? (Replace) Effectivity: This regulation shall take effect • Gather documentation -Gather immediately upon approval and publication in two (2) documentation which will support the newspapers of general circulation complaint and help the company solve your Purpose: To regulate the labeling of prepackaged problem. food products. Sales receipt Importance: Helps consumers understand product o repair orders contents, shelf life, and nutritional value o warranties Rationale o cancelled checks • Aims to enhance food safety standards and o contract consumer protection in the Philippines. • Return to the establishment where you made • To address the growing trade in prepackaged the purchase foods by ensuring that food products are • Write a formal letter labeled accurately. Where can a consumer complaint be filed? • The law promotes transparency and allows The administrative complaint shall be filed in the consumers to make informed choices duplicate with the Provincial Office of the Department regarding the food they purchase. having jurisdiction over the subject of the complaint. In • It aims to prevent misleading advertisements areas where there are no Provincial Offices, the complaint and offers essential information about food shall be filed in the Regional Office. contents, shelf life, and traceability. In case where the complainant and respondent are situate • This legislative framework seeks to in deferent provinces, the complainant has the option to safeguard public health and promote quality choose the place where to file the complaint. assurance within the food supply. The civil/ criminal action shall be filed with the Objectives appropriate regular courts (Municipal Trial Court / A. To promulgate rules and regulations on the revised Regional Trial Court) labeling guidelines of prepackaged food products: What remedies are available to the consumers? Protect consumers against hazards to health and safety. A. For Administrative proceedings: Provide necessary information and education to facilitate • Replacement or repair of product or services informed choices. • Refund of payment made B. To establish provisions on the exemption to the • Restitution or rescission of contract requirements of labeling of prepackaged food products: • Reimpursement to complainant of amount spent Allow for exceptions based on trade practices, in pursuing the complaint particularly for products that are processed, labeled, or B. For civil / criminal action : repacked in substantial quantities at different Civil action establishments than where they were originally processed • Award of damages or packed. • Replacement or repair of product or service Scope: This Order covers the labeling of all prepackaged • Refund of payment made food products, including food supplements, whether • Restitution or rescission of contract locally manufactured or imported into the Philippines. • Reimbursement to complainant of amount spent Definition of Terms in pursuing the complaint Label: Refers to any tag, brand, mark, picture, or graphic that is attached to or accompanies a food Criminal action - defendant, if found quilty by the court product. The label provides essential information be sentenced to imprisonment or payment of the fine or regarding the product. both, at the discretion of the court. What are the disadvantages of filing the complaint Labelling: Means all written, printed, or graphic matter before the Implementing Agencies (Administrative on the label or any other accompanying material or Proceedings) information. This is aimed at providing consumers with vital details about the food product. • Mediation / arbitration is more economical and General Rules and Regulations time–saving. A. Labels must not be false, misleading, or deceptive in Prepackaged foods in multi-unit retail packages (e.g., character. candies with a surface area less than 10 cm²) may be B. Labels should not create confusion with other exempt from lot identification if sold with primary products, either by direct or indirect references. packaging. C. Required information must be displayed prominently 7. Storage Condition For products that need on the label. special storage conditions other than normal D. All text must be legible and easily understood by room temperature, the storage condition shall be consumers. printed clearly, conspicuously, and indelibly on E. For small packages, reduced lettering may be used if all product labels or labeling. the required information remains visible. 8. Expiry or Expiration Date Expiration/expiry F. Nutrition and health claims must adhere to established date shall be printed clearly, conspicuously, and guidelines (Codex and Bureau Circular). legibly on all product labels (except alcoholic G. Other claims not covered by guidelines must be beverages) in the following order: Day, Month, substantiated with evidence. Year. This date signifies the end of the estimated Specific Rules and Regulations period under any stated storage condition, after A. Mandatory Label Information which the product will not have the quality 1. Product Name/Name of the Food: The product attributes normally expected by the consumers. name must be specific and not generic, indicating After this date, the food should not be regarded as the true nature of the food. marketable. • Use the established name from Food 9. Food Allergen Information Standards if available. a. Food allergen information on the label of products • If no established name exists, use a common containing ingredients known to cause hypersensitivity or usual name. If that’s not available, use a must be indicated clearly, conspicuously, and indelibly, clear and descriptive name that isn’t located directly below the List of Ingredients. misleading. 10. Direction/Instruction(s) for Use 2. Use of Brand Name and/or Trademark a. Directions or instructions for use shall be printed, where • Registered brand names or trademarks must applicable or as necessary to ensure correct utilization of be correctly indicated on product labels, the food. except for products intended for further 11. Nutrition Facts/Nutrition processing Information/Nutritive Value 3. Complete list of ingredients a. The nutrition facts shall be presented in tabulated form • A complete list of ingredients must be and should include the declaration of protein, declared on the label, excluding single carbohydrates (including dietary fiber and sugar), fat ingredient foods. (including saturated fat, trans fat, and cholesterol), 4. Net Contents and Drained Weight sodium, energy value or calories. • The net content shall be declared using the • Carbohydrates, protein, fats (cholesterol metric system of measurement or "SI" expressed in mg), sugar, and dietary fiber (International System of Units) on either the shall be expressed in the nearest gram (g). principal display panel or the information • Energy values shall be expressed in Calories panel and in parallel to the base of the (kcal). Sodium shall be declared in mg. package. The declaration shall be made in the • Vitamins and minerals shall be expressed in following manner: milligrams (mg) or micrograms (mcg). 1. For liquid foods, by volume; International units (I.U.) shall be used for 2. For solid foods, by weight, except that when such Vitamins A, D, and E. foods are sold by number, a declaration of count shall be made. CODEX GUIDELINES ON NUTRITION 5. Name and Address of Manufacturer, LABELLING Repacker, Packer, Importer, Trader, and Purpose Distributor • Provide consumers with information for making • The label must include the name and address wise food choices. of the manufacturer, repacker, packer, • Convey nutrient content effectively. importer, trader, or distributor for locally • Encourage sound nutrition principles in food manufactured products. formulation. 6. Lot Identification • Prevent false or misleading claims. A lot identification code must be permanently marked on Nutrient Declaration: Provide consumers with a suitable immediate packages or containers. profile of nutrients contained in the food. Supplementary Nutrition Information: Variability 2. Provide a mechanism for coordination and based on country and target population. accountability in the implementation of regulatory Nutrition Labelling: Avoid implying that a labelled food functions has a nutritional advantage over a non-labelled food. 3. Establish policies and programs for addressing food SCOPE safety hazards and developing appropriate standards and • These guidelines recommend procedures for the control measures nutrition labelling of foods. 4. Strengthen the scientific basis of the regulatory system • These guidelines apply to the nutrition labelling 5. Upgrade the capability of farmers, fisherfolk, of all foods. For foods for special dietary uses, industries, consumers and government personnel in more detailed provisions may be developed. ensuring food safety DEFINITIONS Major Stakeholders For the purpose of these guidelines: • Food business operators • Nutrition labelling is a description intended to • Government agencies inform the consumer of nutritional properties of a • Other stakeholders food. • Nutrition labelling consists of two components: Stakeholders involve (a) nutrient declaration • Food business operators (FBO in Food Safety ) (b) supplementary nutrition information. Principal Responsibility (Sec. 13) SUMMARY Food satisfies the requirement of food Purpose: Ensure effective nutrition labelling for law informed consumer choices and public health benefits. Control systems in place Principles: Mandatory nutrient declaration, variability in • Specific Responsibilities (Sec. 14) supplementary information, and no misleading claims. a) Knowledge of the specific requirements of Definitions: Nutrition labelling informs about nutritional food law properties; includes nutrient declaration and b) Voluntary withdrawal of the food in question from the supplementary information. market and inform the regulatory authority Mandatory Requirements: Energy value, protein, c) Allow inspection of their businesses and carbohydrates, fat, and relevant nutrients must be collaborate on action taken to avoid risks declared. d) Effective and accurate information to consumers of the Periodic Review: Regular updates to maintain relevance reason for withdrawal and recall of products from the with public health facts and consumer education. market • All food businesses shall designate a Food Safety Compliance Officer (FSCO) who has passed a Republic Act No. 10611 prescribed training course for FSCO recognized The Food Safety Act of 2013 by the DA and/or the DOH. • An Act To Strengthen The Food Safety Specific Requirements Regulatory System In the Country To Protect • MICRO AND SMALL ENTERPRISES, the owner Consumer Health And Facilitate Market Access may Of Local Foods And Food Products, And For serve as the FSCO or a consultant FSCO may be Other Purposes employed on part-time or full-time basis. • “Philippine Food Safety Act of 2013” • LARGE- AND MEDIUM- SCALE FOOD Objective of the Safety Act of 2013 BUSINESSES shall designate an FSCO who is • Public protection from food and water-borne preferably a graduate of food-related courses illnesses and unsanitary, unwholesome, Upon the occurrence of any food safety incident, FBOs misbranded or adulterated foods shall immediately implement appropriate control • Enhance confidence in the food regulatory measures. FBOs shall immediately report to the system concerned FSRA any food safety incident which has • Achieve economic growth and development by caused or contributed to the death, serious illness or promoting fair trade practices and sound serious injury of any person. Thereafter, subject to Rule regulatory foundation for domestic and 12.1.7, the FBO shall be summoned by the concerned international trade FSRA to attend a technical conference to resolve any Food Safety Road Map food safety issue or determine whether or not a death, 1. Delineate and link the mandates and responsibilities of serious illness or serious injury suffered by a consumer the government agencies involved. is attributable to a food safety issue. Major Stakeholders- Responsibilities • Department of Agriculture Principal Responsibility [Sec15(a)]: ii. Foods locally produced or imported under this category i. Primary production iii.Conduct of monitoring and epidemiological studies on ii. Post harvest stages of food supply chain and foodborne illnesses iii.Foods locally produced or imported in this category Processing refers to any action that substantially alters Primary production (under DA) refers to the the initial raw materials or product or ingredients production, rearing or growing of primary including, but not limited to, heating, smoking, curing, products including harvesting, milking and maturing, drying, marinating, extraction, extrusion and a farmed animal production up to slaughter; and combination of those processes intended to produce food. the rearing and growing of fish and other seafood in aquaculture ponds. It also includes Specific Responsibilities of DOH (Sec 18) fishing and the hunting and catching of wild • Ensure the safety of all food processing and products. product packaging activities • Post harvest stages (under DA) refer to the • FDA-CFRR – responsible for implementing a stages in the food supply chain involving the performance-based food safety control minimal transformation of plant and animal management system which shall include: foods after primary production such as • Development of food standards and regulations; removal of field heat for fruits, slaughter of FDA-CFRR – responsible for implementing a animals, sorting, grading and cutting of fresh performance-based food safety control management plant and animal foods, icing and freezing, and system which shall include: the milling and storage of grain. • Post marketing surveillance; Specific Responsibilities of DA (Section 16) • Enforcement of HACCP and other riskbased food • Bureau of Animal Industry (BAI) control measures; -For food derived from animals including eggs and honey • Strong participation in Codex and other production international standard setting bodies; • National Dairy Authority (NDA) • Communication of risk and development of -For milk production and post harvest handling interactive exchange among stakeholders; • National Meat Inspection Service (NMIS) • Establishment of laboratories for food safety and - For meats strengthening the capabilities of existing • Bureau of Fisheries and Aquatic Resources laboratories; (BFAR) • Development of database of food safety hazards - For fresh fish and other seafoods including those grown and food-borne illness from epidemiological by aquaculture data; • Bureau of Plant Industry (BPI) • Strengthening R&D capabilities on product - For plant foods • safety and quality; and • Fertilizer and Pesticide Authority (FPA) • Certification of food safety inspectors. -For pesticides and fertilizers used in the production of Bureau of Quarantine –sanitation and food safety plant and animal food in in both domestic and international ports and • Philippine Coconut Authority airports of entry - For fresh coconut • National Epidemiology Center (NEC), Research • Sugar Regulatory Administration Institute of Tropical Medicine (RITM) and the National - For sugar cane production and marketing Center for Disease Prevention and Control (NCDPC)– • National Food Authority (NFA) conduct and document epidemiological monitoring - For rice, corn, and other grains studies on foodborne illnesses • Bureau of Agriculture and Fisheries Standards • National Center for Health Promotion – (BAFS) advocates food safety awareness,binformation -Develop food safety standards for fresh plant, and education to the public animal, fisheries and aquaculture foods • NCDPC –help ensure safety of food, risk • Food Development Center (FDC) of the NFA reduction in food contamination and food borne - Provide scientific support in testing, research and diseases training Shared Responsibilities of Government Agencies • The DILG, in collaboration with DA, DOH Department of Health -enforcement of food safety and sanitary rules and -Principal Responsibility [Sec 15(b)]: regulations within its territorial jurisdiction i. Processed and pre-packaged foods • The LGUs (as needed by the DOH and DA) - to that the State shall protect and promote the right of assist in the implementation of food laws, other health of the people and instill relevant regulations health consciousness among them. • The DA and the DOH State recognizes that nutritional deficiency problems -shall capacitate the DILG and LGUs through in the Philippines, based on provision of the necessary technical assistance in nutrition surveys, include deficiency in energy, iron, the implementation of their food safety functions vitamin A, iodine, thiamin and under their jurisdiction riboflavin. To a minor extent, the Filipino diet is also -shall periodically assess the effectiveness of these deficient in ascorbic acid, training programs in coordination with the DILG calcium and folate. • The DA and the DOH (in cooperation with the LGUs) Definition of Terms. - For purposes of this Act, the -monitor the presence of contaminants in food to following terms shall determine food safety hazards in the food supply chain mean: FOOD SAFETY REGULATION COORDINATING (a) BFAD - the Bureau of Food and Drugs of the BOARD Department of Health. Power and Functions (b) DOH - the Department of Health. • Monitor and coordinate the performance and (c) Fortification - the addition of nutrients to implementation of the mandates of the DA, the DOH, the processed foods or food products at levels above the DILG and the LGUs in food safety regulation; natural state. As an approach to control • Identify the agency responsible for enforcement based micronutrient deficiency, food fortification is on addition of a micronutrient, deficiency in the diet, to their legal mandates when jurisdiction over specific areas a food which is widely consumed by a specific at-risk overlap; groups. • Coordinate crisis management and planning during food (d) Fortificant - a substance, in chemical or natural safety emergencies; form, added to food to • Establish the policies and procedures for coordination increase its nutrient value. among agencies involved in food safety (e) Micronutrient - an essential nutrient required by IMPLEMENTATION OF FOOD SAFETY the body in very small REGULATIONS quantities; recommended intakes are in milligrams or o Policies on Official Controls (Sec 26) micrograms. o Traceability (Sec 27) (f) Manufacturer - the refinery in case of refined o Licensing; and Registration of Establishments sugar or cooking oil, the (Sec 28) miller in case of flour or rice, or the importer in case o Inspection of Food Business Operators (Sec 29) of imported processed o Food Testing Laboratories (Sec 30) foods or food products, or the processor in case of TRAINING AND CONSUMER EDUCATION other processed foods or • Skills training of food business operators foods products. • Mandatory training on safe food handling and (g) NCC - the Governing Board of the National similar courses Nutrition Council. • Training on the scientific basis and conduct of (h) Nutrient - any chemical substance needed by the official controls body for one or more of • DA, DOH, LGUs DepEd partnership these functions; to provide heat or energy, to build (Consumers) and repair tissues, and to regulate life processes. Although nutrients are found REPUBLIC ACT NO. 8976 chiefly in foods, some “THE PHILIPPINE FOOD FORTIFICATION ACT can be synthesized in the laboratory like vitamin and OF 2000” mineral supplements or An Act Establishing The Philippine Food Fortification in the body through biosynthesis. Program And For (i) Nutrition Facts - a statement or information on Other Purposes. food labels indicating the Section 1. Title. - This Act shall be known as the nutrient(s) and the quantity of said nutrient found or "Philippine Food Fortification Act added in the processed of 2000." foods or food products. Sec. 2. Declaration of Policies. - Section 15 of Article II (j) Nutrition labeling - a system of describing of the Constitution provides processed foods or food products on the basis of their selected nutrient (2) Wheat flour 0 with vitamins A and Iron; content. It aims to provide accurate nutrition (3) Refined sugar - with vitamin A; information about each food. This is printed in food (4) Cooking oil - with vitamin A; and labels as "Nutrition Facts." (5) Other staple foods with nutrients as may later (k) Processed food or food products - food that has required by The NCC. been subjected to some degree of processing like milling, drying, concentrating, canning, or addition The National Nutrition Council (NCC) shall require of some ingredients which changes partially or other processed foods or food products to be fortified completely the physicochemical and/or sensory based on the findings of nutrition surveys. Such characteristics of the food's raw material. requirement shall be promulgated through regulations (l) Recommended Dietary Allowances (RDA) - to be issued by the Department of Health (DOH) levels of nutrient intakes which are considered through the Bureau of Food and Drugs (BFAD) and adequate to maintain health and provide reasonable other concerned agencies. levels or reserves in body tissues of nearly all health persons in the population. (m) Sangkap Pinoy Seal Program (SPSP) - a Sec. 7. Quality Assurance. - The agencies charged strategy to encourage food manufacturers to fortify with the implementation of this Act shall establish a processed foods or food products with essential quality assurance system. Likewise, the nutrients at levels approved by the DOH. The manufacturers and importers of processed foods or fundamental concept of the program is to authorize food products shall also establish their own quality food manufacturers to use the DOH seal of assurance system in accordance with the quality acceptance for processed foods or food products, after assurance system of the implementing agencies these products passed a set of defined criteria. The seal is a guide used by consumers in selecting [ REPUBLIC ACT NO. 8172 ] nutritious foods. AN ACT PROMOTING SALT IODIZATION (n) Unprocessed food - food that has not undergone NATIONWIDE AND FOR RELATED any treatment that results in substantial change in the PURPOSES original state even if it may have been divided boned, Be it enacted by the Senate and House of skinned, peeled, ground, cut cleaned, trimmed, fresh- Representatives of the Philippines in Congress frozen or chilled. assembled. SECTION 1. Title. This Act shall be known as “An Sec. 4. The Philippine Food fortification Program. Act for Salt Iodization Nationwide (ASIN)”. - The Philippine Food fortification Program, SECTION 2. Declaration of Policy. It is hereby hereinafter referred to as the Program, shall cover all declared the policy of the state to imported or locally processed foods or food products protect and promote the health of the people, to for sale or distribution in the Philippines; Provided, maintain an effective food regulatory That, dietary supplements for which established system and to provide the entire population especially standards have already been prescribed by the DOH women and children with proper through the BFAD and which standards include nutrition. For this purpose, the State shall promote the specifications for nutrient composition or levels of nutritional fortification of food fortification shall not be covered by this Act. and combat micronutrient malnutrition as a priority The program shall consist of (1) Voluntary Food health program for the nation. Fortification and (2) Mandatory Food Fortification. SECTION 3. Purposes. The purposes of this Act are to: Sec. 5. Voluntary Food Fortification. - Under the a) contribute to the elimination of the micronutrient Sangkap Pinoy Seal Program (SPSP), the Department malnutrition in the country, particularly iodine shall encourage the fortification of all processed deficiency disorders, through cost-effective foods or food products based on rules and regulations preventive measure of salt iodization; which the DOH through the BFAD shall issue after b) require all producers/manufacturers of food-grade the effectivity of this act. salt to iodize the salt that they produce, manufacture, import, trade or distribute; Sec. 6. Mandatory Food Fortification. - (a) the c) require the Department of Health (DOH) to fortification of staple foods based on standards sets by undertake the salt iodization program and for its the DOH through the BFAD is hereby made Bureau of Food and Drugs (BFAD) to set and enforce mandatory for the following: (1) Rice - with Iron; standards for food-grade iodized salt and to monitor h) Manufacturer - one who produces , imports trades compliance thereof by the food-grade salt and distributes salt. manufacturers; i) Subsistence producer/manufacturer - one who d) require the local government units (LGU), through produces, trades in or distributes salt not exceeding their health officers and nutritionist/dietitians, or in two metric tons (2m.t.) of salt per year. their absence through their sanitary inspectors, j) Small producer/manufacturer - one who to check and monitor the quality of food-grade salt produces, imports trades in or distributes salt ranging being sold in their market in order to ascertain that from more than two metric tons (2m.t.) to three metric such salt is properly iodized; tins (3m.t.) per year. e) require the Department of Trade and Industry k) Medium producer/manufacturer - one who (DTI) to regulate and monitor trading of iodized salt; produces, imports trades in, or distributes salt ranging f) direct the Department of Science and Technology from more than three hundred metric tons (300m.t.) (DOST) in collaboration with the Technology and to two thousand metric tons (2,000m.t.) per year. livelihood Resource Center (TLRC) to initiate, l) Large producer/manufacturer - one who promote, and cause the transfer of technology for salt produces, imports trades in, or distributes salt iodization; exceeding two thousand metric tons (2,000m.t.)per g) authorize the National Nutrition Council (NNC) year the policy-making and coordinating body in nutrition, to serve as the advisory board on salt iodization; SECTION 6. Support to the Salt Industry. - The h) provide mechanisms and incentives for the salt following agencies and institutions shall support the industry in the production, marketing and salt iodization program through their respective distributi0on of iodized salt; and internal programs: i) ensure the sustainability of the salt iodization a) The DTI is hereby required to assist and support program. local salt producers/manufacturers in upgrading their SECTION 4. Definition of Terms. For purposes of production technologies to include iodization by this Act, the following terms shall mean: helping them obtain soft loans and financial a) Micronutrient malnutrition - a disorder resulting assistance for the procurement of salt iodization from deficiencies in Vitamin A, iron, iodine and other machines, packaging equipment and technology and micronutrients which the body needs in minute fortificant; and by ensuring systematic distribution of quantities everyday. the iodized salt in the market; b) Iodine deficiency disorders - a broad spectrum of b) the Cooperative Development Authority (CDA) deficiencies resulting from lack of iodine in the diet shall assist the formation of cooperatives of local salt which leads to the reduction of intellectual and producers/manufacturers in order that they can physical capacity affecting everyone who is iodine economically engage in salt iodization and deficient and may manifest as goiter, mental distribution of iodized salt; retardation, physical and mental defects, and c) the DOST, in collaboration with the TLRC, shall cretinism. develop and implement comprehensive programs for c) Food fortification - the addition of nutrients to the acquisition of design and manufacture of salt processed foods at levels above the natural state. iodization machines and transfer of salt iodization d) Salt iodization - the addition of iodine to salt technology to small and subsistence local salt intended for human or animal consumption in producers/manufacturers; and accordance with specifications as to form, fortificant, d) the Department of Environment and Natural methods, manner and composition as may be Resources (DENR) and other appropriate prescribed by the BFAD. government agencies shall identify areas that are e) Food-grade salt - salt for human and animal suitable for use as salt farms with the purpose of consumption as distinguished protecting such areas from environmental risks to from industrial salt. ensure sustainability of iodized salt production. f) Regulatory requirements - the provision of all applicable laws, regulations, executive orders, and [ Republic Act No. 11985] other enactments related to food quality and safety, AN ACT STRENGTHENING AND purity, nutritional composition and other aspects of REVITALIZING food regulation or control. THE SALT INDUSTRY IN THE PHILIPPINES, g) Industrial salt - salt used in the treatment, APPROPRIATING FUNDS THEREFOR processing and/ormanufacture of non-food Be it enacted by the Senate and House of commercial products. Representatives of the Philippines in Congress assembled: Section l. Short Title. - This Act shall he known as trade and distribution of salt ranging from more than the “Philippine Salt Industry Development Act”. two (2) MT to three hundred (300) MT per year; Sec. 2. Declaration of Policy. - It is the pohcy of the (3) Medium producer/manufacturer - a person, State to promote rural development based on sound corporation, or association engaged in the production, agricultural productivity, increase in rural income trade, and distribution of salt ranging from more than through enterprises that make full and efficient use of three hundred (300) MT to two thousand (2,000) MT human and natural resources, and which are per year; or competitive in both domestic and foreign (4) Large producer/manufacturer - a person, Markets. corporation, or association engaged in the production, trade, and distribution of salt exceeding two thousand Sec. 3. Definition of Terms. - For purposes of this (2,000) MT per year; and Act: (i) Salt production refers to the process of generating (a) Artisanal salt refers to locally produced unrefined salt from salt water utdizing solar evaporation or salt, cooking and other acceptable methods. derived directly from a living sea or ocean, using traditional Functions of the Salt Council. - The Salt methods. It retains natural traces of minerals coming Council shall have the following powers and from functions: sea water, and is produced by traditional or (a) Formulate the five (5)-year Salt Roadmap, which community-based shall contain the short-term, medium-term, and long- enterprises; term development plan (Development Plan) for the (b) Artisanal salt producer refers to one who utilizes industry, which shall be updated yearly, or earlier, as traditional methods of production using non- determined by the Salt Council; mechanized means; (b) Identify specific and priority programs and (c) Food-grade salt refers to salt for human projects in support of, and in line with, the Salt consumption; Roadmap; (d) Industrial salt refers to salt used in the treatment, (c) Provide development funds and technical processing, and/or manufacture of non-food assistance to salt farmers and the industry. The commercial products; support shall be commensurate to the size of the salt (e) Iodized salt refers to ordinary salt with fortificant farm; potassium iodate (KIOg); (d) Implement the mechanization of salt production (f) Salt refers to an unrefined salt derived directly process through the provision of machinery and from a living sea or ocean, harvested through the equipment such as, but not hmited to, harvesters, and process of cooking, smoking or solar evaporation. motorized pumps to reduce operational cost; Regardless of the manner of production, it retains (e) Identify sources of financing and facilitate credit natural traces of minerals coming from sea water; windows with government banks and the Agricultural (g) Salt farms refer to areas of land, shorelines, or Credit Policy Coimcil (ACPC) to expand the salt coastal areas, including their buildings, machineries, industry development; and equipment, used in salt production. Salt farms (f) Increase production of local salt by increasing land may be classified as: area devoted to salt and improving farm productivity; (1) Individual salt farm - salt farm of not more than (g) Institutionalize capacity building for salt farmers fifty (50) hectares; or through the BFAR provincial offices under the (2) Corporate or cooperative/association salt farm Fisheries Post-Harvest Technology Division – salt farm of not more than two hundred fifty (250) (FPHTD); salt; hectares; (h) Strengthen market hnkage and promotion of (h) Salt producer refers to an individual, corporation, Philippine cooperative or association involved in the production (i) Conduct continuing R&D on innovation and of salt. modernization of the salt industry; Local salt producers shall he categorized as follows: (j) Establish an agri-insurance program for salt (1) Subsistence producer/manufacturer — a producers; person or association engaged in the production, (k) Submit annual reports, not later than June 30, to trade, and distribution of salt not exceeding two (2) the Office of the President and to each House of metric tons (MT) per year; Congress, on the status of the implementation of the (2) Small producer/manufacturer — a person, Salt Roadmap and the salt industry development in corporation, or association engaged in the production, the country; (l) Recommend to the Department of Budget and Management (DBM) the required yearly RA 9711: Food and Drug Administration Act of 2009 appropriations for the plan and implementation of the salt development programs; Republic Act No. 9711, also known as the Food and (m) Promulgate such rules and regulations, and Drug Administration Act of 2009, was enacted to exercise such other powers and functions, as may be strengthen the regulatory capacity of the FDA to necessary to carry out the objectives of this Act; and ensure the safety, quality, and efficacy of food, drugs, (n) Constitute the staffing complement of the cosmetics, medical devices, and other health Program Management Office Secretariat with the products. power to create and abolish positions Objectives of RA 9711 Salt as an Aquatic Resource Product. — Salt, 1. Protect public health by ensuring the safety, unprocessed or processed, is hereby classified as an efficacy, and quality of health products. aquatic resource product and shall he exempt from all 2. Strengthen the regulatory capacity of the FDA. taxes 3. Ensure compliance with international standards and best practices. Salt Production Tenurial Instrument (SPTI). An application for an SPTI on a public land for salt farm Key Provisions production shah be submitted to BEAR. BEAR shall • Expansion of FDA's regulatory authority to cover issue the SPTI to qualified salt producers, which shah health products and establishments. indicate, interalia, the following: • Creation of FDA centers for specific product (1) Name and other relevant information about the categories. grantee; • Strengthened inspection, licensing, and (2) Terms and conditions in the use of the salt farm; monitoring mechanisms. (3) Period of use of the pubhc land on which the salt Implementation and Enforcement farm is located; • The FDA operates under the DOH to enforce the (4) Conditions for termination, which shah include an provisions of RA 9711. undertaking to start salt farm construction and • Licensing, registration, and certification operation within one (1) year from the approval and processes are strictly regulated. granting of the SPTI and to protect and preserve • Local government units (LGUs) assist in critical habitat for marine life in the area; and monitoring compliance at the community level. (5) Metes and bounds of the salt farm Benefits and Impact • Enhanced consumer confidence in food, drugs, Qualification of Salt Producers Applying for and health products. SPTI. • Reduction in health risks associated with unsafe The BFAR shall approve apphcation for SPTI on the or counterfeit products. bases of • Alignment with international health and safety only the following three (3) requirements: standards. (1) Certificate of Registration as a salt producer, Challenges and Issues secured under Section 13 of this Act; • Limited resources and manpower for nationwide (2) The applicant has an outstanding track record of enforcement. engaging in salt farm business or other related • Non-compliance among certain businesses and business for at least three (3) years, or has an actual establishments. experience in salt production for at least three (3) • Increasing challenges with online sales of years: Provided, That regulated products. cooperatives/associations of subsistence and small Conclusion salt producers/farmers may present certification and • RA 9711 is essential for safeguarding public endorsement from the local government units (LGUs) health through the regulation of food, drugs, within which their intended salt farm will be and health products. established of their capabihty to • Strengthening enforcement, improving manage and operate a salt farm, in heu of the three public awareness, and addressing new (3)-year period requirement; and challenges are vital for sustaining its benefits. (3) Payment of rental fee for the use of said pubhc land in the amount equal to current rates exacted by Reference: Republic Act No. 9711, Official Gazette BFAR on the use of these pubhc lands (2009) Republic Act No. 11052 (The Philippine Food • Covers teaching food technology subjects and Technology Act) ensuring compliance with food laws. AN ACT REGULATING THE PRACTICE OF • Includes implementing quality management FOOD TECHNOLOGY IN THE PHILIPPINES, systems and assisting in waste management. CREATING FOR THE PURPOSE THE BOARD OF • Provides consultation services related to food FOOD TECHNOLOGY, AND APPROPRIATING technology functions. FUNDS THEREFOR • The Act is officially known as the "Philippine THE PROFESSIONAL REGULATORY BOARD OF Food Technology Act." FOOD TECHNOLOGY • It emphasizes the significance of professional CREATION OF THE PROFESSIONAL food technologists in nation-building and REGULATORY BOARD OF FOOD development. TECHNOLOGY • The State aims to cultivate competent and • Establishes a Professional Regulatory Board of ethical food technologists through credible Food Technology under the PRC's supervision. licensure examinations and regulatory • The Board shall be composed of a Chairperson programs. and two (2) members who shall be appointed by • The focus is on fostering professional the President of the Republic of the Philippines growth, social responsibility, and from a list submitted by the PRC of three (3) development nominees for each position from a list of five (5) DEFINITION OF TERMS nominees for each position, chosen and ranked by • Food is any substance or product whether the integrated and accredited professional processed, partially processed or unprocessed organization (APO) of food technologists. that is intended for human consumption. It • The Board shall beorganized not later than six (6) includes drinks, chewing gum, water and other months after the effectivity of this Act. substances, which are intentionally incorporated POWERS AND FUNCTIONS OF THE BOARD into such substances or products during the • The Board is responsible for promulgating and process of manufacturing, preparation, and enforcing rules for the Act's implementation. treatment; • It supervises the registration and licensure of food • Food Technology refers to the application of the technologists. physical, biological, and behavioral sciences to • The Board can issue special permits and the conversion of raw materials into safe, stable, certificates for advanced studies. palatable, and nutritious foods. It includes the • It ensures educational institutions comply with processes of handling, storage, processing, CHED standards. packaging, distribution, and utilization of food; • The Board prepares syllabi for licensure • Food Technologist refers to a person qualified to examinations and adopts a CPD program. practice food technology as provided in this Act • It monitors the practice conditions and maintains and who is a holder of a valid certificate of professional standards. registration and a valid professional license to • The Board can investigate violations and issue practice issued by the Professional Regulatory summons for hearings. Board of Food Technology and the Professional QUALIFICATIONS OF THE MEMBERS OF THE Regulation Commission (PRC); and BOARD • Microbiological Certification refers to a • Members must be citizens and residents of the certification of the microbiological, physical, Philippines for at least five years. chemical, sensory, and functional properties of • They must hold a Bachelor’s Degree in Food food. Technology from a recognized institution. SCOPE OF THE PRACTICE OF FOOD • Members must be registered food technologists TECHNOLOGY with at least five years of active practice. • Involves identifying specifications for raw • They should be in good standing with the materials and supervising procurement. integrated professional organization of food • Includes supervision of food processing technologists. operations and evaluation of food properties. • Members must not have any conflicts of interest • Encompasses certification of food analysis and or convictions involving moral turpitude. technical transactions related to food production. • Involves conducting research for food safety and quality improvement. TERM OF OFFICE OF THE MEMBERS OF THE food technologists, affiliated associations, and other BOARD concerned sectors. A CPD Council shall be created. • Members serve a three-year term, with the - All food technologists shall be integrated into one possibility of reappointment for one additional national organization recognized by the Board and PRC term. as the integrated and APO of food technologists. • The first Board will have staggered terms to - Foreign food technologists shall be admitted to the ensure continuity. licensure examination or granted registration and license • Members must take an oath of office before only if their country permits Filipino food technologists assuming their roles. to practice under the same conditions (reciprocity). COMPENSATION AND ALLOWANCE OF THE - Food technologists shall indicate their license and BOARD privilege tax receipt number, professional number, and • Board members receive compensation and certificate validity dates on documents they sign or issue. allowances comparable to other regulatory boards - Prohibited acts include practicing or representing under the PRC. oneself as a food technologist without a valid license or REMOVAL OR SUSPENSION OF MEMBERS OF permit, allowing another person to use one's license or THE BOARD permit, and using another food technologist's license or • Members can be suspended or removed by the permit. President upon PRC's recommendation for various misconducts. Final Provisions (Sections 31-36): • The rights of the accused to a fair hearing and - Violation of the Act or its implementing rules and legal representation are protected. regulations shall be punished by a fine of not less than LICENSURE EXAMINATION REQUIREMENT ₱40,000 but not more than ₱150,000, or imprisonment of • Applicants must pass a licensure examination to not less than six months but not more than four years, or practice food technology, as designated by the both. PRC - The implementation of this Act shall be included in the QUALIFICATIONS OF AN APPLICANT FOR THE PRC's program and funded through the annual General LICENSURE EXAMINATIONS Appropriations Act. • Applicants must be Philippine citizens or citizens - The Board shall promulgate the implementing rules and of countries with reciprocity agreements. regulations and the Code of Ethics for food technologists • They must possess good moral character and a within 30 days after the Act's effectivity. relevant Bachelor’s Degree. - Separability clause: If any section is declared invalid or • Applicants must not have any convictions unconstitutional, it shall not invalidate the other sections. involving moral turpitude. - Repealing clause: All laws, decrees, orders, issuances, or parts thereof inconsistent with this Act are repealed or Scope of Examination modified accordingly. (a) Physical, Chemical, Biological, and Microbiological - The Act shall take effect 15 days after its publication in Principles: the Official Gazette or a newspaper of general circulation. (b) Food Processing, Preservation, and Food Engineering; (c) Quality Sensory Evaluation of Food; and (d) Food Laws and Regulations. The Meat Inspection Code of the Philippines REPUBLIC ACT NO. 9296 RATINGS IN THE EXAMINATION • A passing rating of 75% is required in each The Meat Inspection Code of the Philippines also known subject. as Republic Act No. 9296. The RA 9296 aims to ensure • Candidates with scores between 60% and 75% the safety and quality of meat and meat products for may take a removal examination for subjects not human consumption. passed. Meat Inspection System Report of Rating • A system to ensure the safety and quality of meat The Board and PRC must release examination results and meat products for human food including but within ten days of the exam. not limited to humane handling of slaughter animals, ante-mortem and post-mortem Practice of Food Technology (Sections 26-30): inspection, Quality Assurance Program, Hygiene - The PRC shall prescribe and promulgate CPD guidelines and Sanitation Program, Good Manufacturing in consultation with the Board, integrated and APO of Practices, Sanitation Standard Operating Procedures, Hazard Analysis Critical Control Point Program and Residue Control Program, of relative to their implementation of GMP and a country. SSOP programs. • National Meat Inspection Service (NMIS) is the national authority for meat inspection in the The National Meat Inspection Commission renamed as Philippines while Provincial Meat Inspect the National Meat Inspection Service (NMIS) shall serve Service (PMIS) is responsible for meat as the sole national controlling authority on all matters inspection at the provincial level. pertaining to meat and meat product inspection and meat hygiene. Interference in the Conduct of Inspection • It shall be unlawful for any person, firm or The Meat Inspection Board corporation to resist, harass, intimidate, assault, Shall assist in the formulation of policies and guidelines impede or interfere with any inspector during the and advise the chairperson on all matters pertaining to performance of his duties as prescribed under this meat inspection and meat hygiene. Act. The Board shall be composed of the following or their duly designated representatives: Unlawful Trading 1. The Secretary of the Department of Agriculture, as • It shall be unlawful for any person employed by Chairperson; the NMIS or person employed by the local 2. The Executive Director of the National Meat Inspection government unit for the purpose of meat Service; inspection work, to engage directly or indirectly 3. The Director of the Bureau of Animal Industry; in the business of buying, selling and trading or 4. The Executive Director of the Bureau of Food and otherwise negotiating purchases or sales of meat Drugs; and meat products for his own account or as an 5. The Director of the Bureau of Local Government employee of another person, firm or corporation. Development; Any person employed for the purpose of meat 6. Representative from a consumer organization duly inspection work, found directly or indirectly recommended by the National Consumer Affairs Council; violating this section shall be charged under 7. The Director of the Bureau of Agriculture and Fisheries applicable laws, rules and regulations. Product Standards. Unlawful Shipment ANTE-MORTEM INSPECTION • It shall be unlawful for any shipping line or airline An antemortem inspection shall be made of food animals to accept shipment of meat and meat products for by authorized inspectors before it shall be allowed for export into our country without an accompanying slaughter in any city, municipal or licensed private veterinary quarantine clearance issued by the abattoirs in which the meat or meat products thereof are Philippine Department of Agriculture and to be sold. International Veterinary Certificate issued by the national controlling authority of the exporting Post-Mortem Examination country • The inspectors shall conduct a post-mortem examination and inspection of the carcasses and parts thereof of all food animals prepared at any Implementing Rules and Regulations establishment as articles of commerce which are • The Secretary shall within ninety (90) days from capable of use as human food the effectivity of this Act convene a technical working committee composed of representatives Re-Inspection from the National Meat Inspection Service, The inspectors shall re-inspect carcasses and parts Bureau of Animal Industry, Bureau of Food and thereof when necessary to determine whether the meat has Drugs and one (1) representative each from the become adulterated after the first inspection. If found to League of Cities and the League of Municipalities be adulterated on subsequent examination and inspection, to formulate in consultation with the private the establishment shall destroy for food purposes all sector the necessary implementing rules and carcasses and parts thereof in the presence of the regulations. The implementing rules and inspector. regulations shall be submitted to the Committee on Agriculture of both Houses of Congress for • The NMIS and PMIS shall oversee, monitor and prior approval. evaluate the performance of meat establishments