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Consumer Act of the Philippines Overview

The Consumer Act of the Philippines (RA Act No. 7394) aims to protect consumer interests and welfare by establishing standards for business conduct and providing rights and remedies for consumers. It includes provisions for consumer safety, information, education, and the establishment of the National Consumer Affairs Council to oversee consumer programs. The Act also outlines the responsibilities of various government agencies in implementing consumer protection measures and regulations, including labeling requirements for food products.

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0% found this document useful (0 votes)
87 views14 pages

Consumer Act of the Philippines Overview

The Consumer Act of the Philippines (RA Act No. 7394) aims to protect consumer interests and welfare by establishing standards for business conduct and providing rights and remedies for consumers. It includes provisions for consumer safety, information, education, and the establishment of the National Consumer Affairs Council to oversee consumer programs. The Act also outlines the responsibilities of various government agencies in implementing consumer protection measures and regulations, including labeling requirements for food products.

Uploaded by

Donkyla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

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
Definition of Terms Rights By The Consumer;
Consumer - natural person who is a purchaser, lessee, D) Provision Of Adequate Rights And Means Of
recipient or prospective purchaser, lessor or recipient of Redress; And
consumer products, services or credit. E) Involvement Of Consumer Representatives In The
Food - any substance, whether processed, semi- Formulation Of Social And Economic Policies.
processed 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 Article 149: Composition: The Council is composed of
the container, wrapper or labeling of a consumer product representatives from various government departments
in the furtherance of the distribution of the same from and consumer organizations. Specifically, it includes:
the original place of manufacture to the person who Government Agencies: Department of Trade and
makes the final delivery or sale to the ultimate Industry, Department of Education, Culture and
consumer. Sports, Department of Health, Department of
Manufacturer - any person who manufactures, Agriculture.
assembles or processes consumer products, except that if Consumer Organizations: Four representatives selected
the goods are manufactured, assembled or processed for by the [Link] Sector: Two representatives
another person who attaches his own brand name to the from business/industry, also chosen by the President.
consumer products, the latter shall be deemed the
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
Act? What are their areas of concern? (DTI)
 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) Department of Education, Culture and Sports
 Agricultural Products (DECS)
 Quality and safety  Consumer education and information
 Labeling and packaging
Department of Health (DOH)  Credit facilities extended to consumer by
 Food, drugs, cosmetics and devices and financing companies
hazardous substance When is the Consumer Act applicable?
 Quality and safety If the COMPLAINT is a natural person;
 Labeling and Packaging If the SUBJECT of the violation is a consumer
 Advertising and Sales Promotion product or service; and
 Price Tag If the NATURE of the complaint is regarding any of
 Bangko Sentral ng Pilipinas (BSP) the aforementioned concerns
 Consumer Credit Transactions extended by What is a consumer product or service?
banks and other financial intermediaries Consumer product or service means goods, service
 Securities & Exchange Commission (SEC) credits, debts or obligations which are primarily for
personal, family, household or agricultural purpose,
which shall include, but not limited to food, drugs, What are the disadvantages of filing the complaint
cosmetics and devices. before the Implementing Agencies (Administrative
Proceedings)
 Mediation / arbitration is more economical and
What can the consumer do if he has a complaint? time–saving.
 Identify the problem -Identify the problem  Complainant need not undergo the rigors and
and what you believe would be a fair expense of a court case
settlement.
o Do you want you money back? (Refund) Food Labelling Law (Administrative Order No.
o Would you want the product repaired? 2014-0030)
(Repair) Issuing Authority: Department of Health,
o Will Exchange do ? (Replace) Philippines
 Gather documentation -Gather Effectivity: This regulation shall take effect
documentation which will support the immediately upon approval and publication in two
complaint and help the company solve your (2) newspapers of general circulation
problem. Purpose: To regulate the labeling of prepackaged
Sales receipt food products.
o repair orders Importance: Helps consumers understand product
o warranties contents, shelf life, and nutritional value
o cancelled checks Rationale
o contract  Aims to enhance food safety standards and
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
and offers essential information about food
complaint 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
 Award of damages
processed 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
Criminal action - defendant, if found quilty by the court
graphic that is attached to or accompanies a food
be sentenced to imprisonment or payment of the fine or
product. The label provides essential information
both, at the discretion of the court.
regarding the product.
Labelling: Means all written, printed, or graphic matter importer, trader, or distributor for locally
on the label or any other accompanying material or manufactured products.
information. This is aimed at providing consumers with 6. Lot Identification
vital details about the food product. A lot identification code must be permanently marked on
General Rules and Regulations immediate packages or containers.
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, After this date, the food should not be regarded
indicating the true nature of the food. as 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,
 Registered brand names or trademarks must where applicable or as necessary to ensure correct
be correctly indicated on product labels, utilization of 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  Vitamins and minerals shall be expressed in
the 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.
 Encourage sound nutrition principles in food regulatory foundation for domestic and
formulation. international trade
 Prevent false or misleading claims. Food Safety Road Map
Nutrient Declaration: Provide consumers with a 1. Delineate and link the mandates and responsibilities of
suitable profile of nutrients contained in the food. the government agencies involved.
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 functions
food has a nutritional advantage over a non-labelled 3. Establish policies and programs for addressing food
food. safety hazards and developing appropriate standards and
SCOPE control measures
 These guidelines recommend procedures for the 4. Strengthen the scientific basis of the regulatory system
nutrition labelling of foods. 5. Upgrade the capability of farmers, fisherfolk,
 These guidelines apply to the nutrition labelling industries, consumers and government personnel in
of all foods. For foods for special dietary uses, ensuring food safety
more detailed provisions may be developed. Major Stakeholders
DEFINITIONS  Food business operators
For the purpose of these guidelines:  Government agencies
 Nutrition labelling is a description intended to  Other stakeholders
inform the consumer of nutritional properties of
a food. Stakeholders involve
 Nutrition labelling consists of two components: • Food business operators (FBO in Food Safety )
(a) nutrient declaration Principal Responsibility (Sec. 13)
(b) supplementary nutrition information. Food satisfies the requirement of food
SUMMARY law
Purpose: Ensure effective nutrition labelling for Control systems in place
informed consumer choices and public health benefits.  Specific Responsibilities (Sec. 14)
Principles: Mandatory nutrient declaration, variability a) Knowledge of the specific requirements of
in supplementary information, and no misleading claims. food law
Definitions: Nutrition labelling informs about nutritional b) Voluntary withdrawal of the food in question from the
properties; includes nutrient declaration and market and inform the regulatory authority
supplementary information. c) Allow inspection of their businesses and
Mandatory Requirements: Energy value, protein, collaborate on action taken to avoid risks
carbohydrates, fat, and relevant nutrients must be d) Effective and accurate information to consumers of
declared. the reason for withdrawal and recall of products from the
Periodic Review: Regular updates to maintain relevance market
with public health facts and consumer education. • All food businesses shall designate a Food
Safety Compliance Officer (FSCO) who has
passed a prescribed training course for FSCO
Republic Act No. 10611 recognized by the DA and/or the DOH.
The Food Safety Act of 2013 Specific Requirements
 An Act To Strengthen The Food Safety • MICRO AND SMALL ENTERPRISES, the owner
Regulatory System In the Country To Protect may
Consumer Health And Facilitate Market Access serve as the FSCO or a consultant FSCO may be
Of Local Foods And Food Products, And For employed on part-time or full-time basis.
Other Purposes • LARGE- AND MEDIUM- SCALE FOOD
 “Philippine Food Safety Act of 2013” BUSINESSES shall designate an FSCO who is
Objective of the Safety Act of 2013 preferably a graduate of food-related courses
 Public protection from food and water-borne Upon the occurrence of any food safety incident, FBOs
illnesses and unsanitary, unwholesome, shall immediately implement appropriate control
misbranded or adulterated foods measures. FBOs shall immediately report to the
 Enhance confidence in the food regulatory concerned FSRA any food safety incident which has
system caused or contributed to the death, serious illness or
 Achieve economic growth and development by serious injury of any person. Thereafter, subject to Rule
promoting fair trade practices and sound 12.1.7, the FBO shall be summoned by the concerned
FSRA to attend a technical conference to resolve any
food safety issue or determine whether or not a death, • Food Development Center (FDC) of the NFA
serious illness or serious injury suffered by a consumer - Provide scientific support in testing, research and
is attributable to a food safety issue. training
Major Stakeholders- Responsibilities
• Department of Agriculture Department of Health
Principal Responsibility [Sec15(a)]: -Principal Responsibility [Sec 15(b)]:
i. Primary production i. Processed and pre-packaged foods
ii. Post harvest stages of food supply chain and ii. Foods locally produced or imported under this
[Link] locally produced or imported in this category
category [Link] of monitoring and epidemiological studies on
foodborne illnesses
Primary production (under DA) refers to the
production, rearing or growing of primary Processing refers to any action that substantially alters
products including harvesting, milking and the initial raw materials or product or ingredients
farmed animal production up to slaughter; and including, but not limited to, heating, smoking, curing,
the rearing and growing of fish and other maturing, drying, marinating, extraction, extrusion and a
seafood in aquaculture ponds. It also includes combination of those processes intended to produce
fishing and the hunting and catching of wild food.
products.
• Post harvest stages (under DA) refer to the Specific Responsibilities of DOH (Sec 18)
stages in the food supply chain involving the • Ensure the safety of all food processing and
minimal transformation of plant and animal product packaging activities
foods after primary production such as • FDA-CFRR – responsible for implementing a
removal of field heat for fruits, slaughter of performance-based food safety control
animals, sorting, grading and cutting of fresh management system which shall include:
plant and animal foods, icing and freezing, and • Development of food standards and regulations;
the milling and storage of grain. FDA-CFRR – responsible for implementing a
Specific Responsibilities of DA (Section 16) performance-based food safety control management
• Bureau of Animal Industry (BAI) system which shall include:
-For food derived from animals including eggs and • Post marketing surveillance;
honey • Enforcement of HACCP and other riskbased
production food control measures;
• National Dairy Authority (NDA) • Strong participation in Codex and other
-For milk production and post harvest handling international standard setting bodies;
• National Meat Inspection Service (NMIS) • Communication of risk and development of
- For meats interactive exchange among stakeholders;
• Bureau of Fisheries and Aquatic Resources • Establishment of laboratories for food safety and
(BFAR) strengthening the capabilities of existing
- For fresh fish and other seafoods including those grown laboratories;
by aquaculture • Development of database of food safety hazards
• Bureau of Plant Industry (BPI) and food-borne illness from epidemiological
- For plant foods data;
• Fertilizer and Pesticide Authority (FPA) • Strengthening R&D capabilities on product
-For pesticides and fertilizers used in the production of • safety and quality; and
plant and animal food • Certification of food safety inspectors.
• Philippine Coconut Authority Bureau of Quarantine –sanitation and food safety
- For fresh coconut in in both domestic and international ports and
• Sugar Regulatory Administration airports of entry
- For sugar cane production and marketing • National Epidemiology Center (NEC), Research
• National Food Authority (NFA) Institute of Tropical Medicine (RITM) and the National
- For rice, corn, and other grains Center for Disease Prevention and Control (NCDPC)–
• Bureau of Agriculture and Fisheries conduct and document epidemiological monitoring
Standards studies on foodborne illnesses
(BAFS)
-Develop food safety standards for fresh plant,
animal, fisheries and aquaculture foods
• National Center for Health Promotion – • DA, DOH, LGUs DepEd partnership
advocates food safety awareness,binformation (Consumers)
and education to the public
• NCDPC –help ensure safety of food, risk REPUBLIC ACT NO. 8976
reduction in food contamination and food borne “THE PHILIPPINE FOOD FORTIFICATION ACT
diseases OF 2000”
Shared Responsibilities of Government Agencies An Act Establishing The Philippine Food Fortification
• The DILG, in collaboration with DA, DOH Program And For
-enforcement of food safety and sanitary rules and Other Purposes.
regulations within its territorial jurisdiction Section 1. Title. - This Act shall be known as the
• The LGUs (as needed by the DOH and DA) - to "Philippine Food Fortification Act
assist in the implementation of food laws, other of 2000."
relevant regulations Sec. 2. Declaration of Policies. - Section 15 of Article II
• The DA and the DOH of the Constitution provides
-shall capacitate the DILG and LGUs through that the State shall protect and promote the right of
provision of the necessary technical assistance in health of the people and instill
the implementation of their food safety functions health consciousness among them.
under their jurisdiction State recognizes that nutritional deficiency problems
-shall periodically assess the effectiveness of these in the Philippines, based on
training programs in coordination with the DILG nutrition surveys, include deficiency in energy, iron,
• The DA and the DOH (in cooperation with the vitamin A, iodine, thiamin and
LGUs) riboflavin. To a minor extent, the Filipino diet is also
-monitor the presence of contaminants in food to deficient in ascorbic acid,
determine food safety hazards in the food supply chain calcium and folate.
FOOD SAFETY REGULATION COORDINATING
BOARD Definition of Terms. - For purposes of this Act, the
Power and Functions following terms shall
• Monitor and coordinate the performance and mean:
implementation of the mandates of the DA, the DOH, (a) BFAD - the Bureau of Food and Drugs of the
the Department of Health.
DILG and the LGUs in food safety regulation; (b) DOH - the Department of Health.
• Identify the agency responsible for enforcement based (c) Fortification - the addition of nutrients to
on processed foods or food products at levels above the
their legal mandates when jurisdiction over specific natural state. As an approach to control
areas micronutrient deficiency, food fortification is
overlap; addition of a micronutrient, deficiency in the diet, to
• Coordinate crisis management and planning during a food which is widely consumed by a specific at-
food risk
safety emergencies; groups.
• Establish the policies and procedures for coordination (d) Fortificant - a substance, in chemical or natural
among agencies involved in food safety form, added to food to
IMPLEMENTATION OF FOOD SAFETY increase its nutrient value.
REGULATIONS (e) Micronutrient - an essential nutrient required by
o Policies on Official Controls (Sec 26) the body in very small
o Traceability (Sec 27) quantities; recommended intakes are in milligrams
o Licensing; and Registration of Establishments or micrograms.
(Sec 28) (f) Manufacturer - the refinery in case of refined
o Inspection of Food Business Operators (Sec 29) sugar or cooking oil, the
o Food Testing Laboratories (Sec 30) miller in case of flour or rice, or the importer in case
TRAINING AND CONSUMER EDUCATION of imported processed
• Skills training of food business operators foods or food products, or the processor in case of
• Mandatory training on safe food handling and other processed foods or
similar courses foods products.
• Training on the scientific basis and conduct of (g) NCC - the Governing Board of the National
official controls Nutrition Council.
(h) Nutrient - any chemical substance needed by the specifications for nutrient composition or levels of
body for one or more of fortification shall not be covered by this Act.
these functions; to provide heat or energy, to build The program shall consist of (1) Voluntary Food
and repair tissues, and to Fortification and (2) Mandatory Food Fortification.
regulate life processes. Although nutrients are found
chiefly in foods, some Sec. 5. Voluntary Food Fortification. - Under the
can be synthesized in the laboratory like vitamin and Sangkap Pinoy Seal Program (SPSP), the
mineral supplements or Department shall encourage the fortification of all
in the body through biosynthesis. processed foods or food products based on rules and
(i) Nutrition Facts - a statement or information on regulations which the DOH through the BFAD shall
food labels indicating the issue after the effectivity of this act.
nutrient(s) and the quantity of said nutrient found or
added in the processed Sec. 6. Mandatory Food Fortification. - (a) the
foods or food products. fortification of staple foods based on standards sets
(j) Nutrition labeling - a system of describing by the DOH through the BFAD is hereby made
processed foods or food mandatory for the following:
products on the basis of their selected nutrient (1) Rice - with Iron;
content. It aims to provide accurate nutrition (2) Wheat flour 0 with vitamins A and Iron;
information about each food. This is printed in food (3) Refined sugar - with vitamin A;
labels as "Nutrition Facts." (4) Cooking oil - with vitamin A; and
(k) Processed food or food products - food that has (5) Other staple foods with nutrients as may later
been subjected to some degree of processing like required by The NCC.
milling, drying, concentrating, canning, or addition
of some ingredients which changes partially or The National Nutrition Council (NCC) shall
completely the physicochemical and/or sensory require other processed foods or food products to be
characteristics of the food's raw material. fortified based on the findings of nutrition surveys.
(l) Recommended Dietary Allowances (RDA) - Such requirement shall be promulgated through
levels of nutrient intakes which are considered regulations to be issued by the Department of Health
adequate to maintain health and provide reasonable (DOH) through the Bureau of Food and Drugs
levels or reserves in body tissues of nearly all health (BFAD) and other concerned agencies.
persons in the population.
(m) Sangkap Pinoy Seal Program (SPSP) - a
strategy to encourage food manufacturers to fortify Sec. 7. Quality Assurance. - The agencies charged
processed foods or food products with essential with the implementation of this Act shall establish a
nutrients at levels approved by the DOH. The quality assurance system. Likewise, the
fundamental concept of the program is to authorize manufacturers and importers of processed foods or
food manufacturers to use the DOH seal of food products shall also establish their own quality
acceptance for processed foods or food products, assurance system in accordance with the quality
after these products passed a set of defined criteria. assurance system of the implementing agencies
The seal is a guide used by consumers in selecting
nutritious foods. [ REPUBLIC ACT NO. 8172 ]
(n) Unprocessed food - food that has not undergone AN ACT PROMOTING SALT IODIZATION
any treatment that results in substantial change in the NATIONWIDE AND FOR RELATED
original state even if it may have been divided PURPOSES
boned, skinned, peeled, ground, cut cleaned, Be it enacted by the Senate and House of
trimmed, fresh-frozen or chilled. Representatives of the Philippines in Congress
assembled.
Sec. 4. The Philippine Food fortification Program. SECTION 1. Title. This Act shall be known as “An
- The Philippine Food fortification Program, Act for Salt Iodization Nationwide (ASIN)”.
hereinafter referred to as the Program, shall cover all SECTION 2. Declaration of Policy. It is hereby
imported or locally processed foods or food products declared the policy of the state to
for sale or distribution in the Philippines; Provided, protect and promote the health of the people, to
That, dietary supplements for which established maintain an effective food regulatory
standards have already been prescribed by the DOH system and to provide the entire population
through the BFAD and which standards include especially women and children with proper
nutrition. For this purpose, the State shall promote c) Food fortification - the addition of nutrients to
the nutritional fortification of food processed foods at levels above the natural state.
and combat micronutrient malnutrition as a priority d) Salt iodization - the addition of iodine to salt
health program for the nation. intended for human or animal consumption in
SECTION 3. Purposes. The purposes of this Act are accordance with specifications as to form,
to: fortificant,
a) contribute to the elimination of the micronutrient methods, manner and composition as may be
malnutrition in the country, particularly iodine prescribed by the BFAD.
deficiency disorders, through cost-effective e) Food-grade salt - salt for human and animal
preventive measure of salt iodization; consumption as distinguished
b) require all producers/manufacturers of food-grade from industrial salt.
salt to iodize the salt that they produce, manufacture, f) Regulatory requirements - the provision of all
import, trade or distribute; applicable laws, regulations, executive orders, and
c) require the Department of Health (DOH) to other enactments related to food quality and safety,
undertake the salt iodization program and for its purity, nutritional composition and other aspects of
Bureau of Food and Drugs (BFAD) to set and food regulation or control.
enforce g) Industrial salt - salt used in the treatment,
standards for food-grade iodized salt and to monitor processing and/ormanufacture of non-food
compliance thereof by the food-grade salt commercial products.
manufacturers; h) Manufacturer - one who produces , imports
d) require the local government units (LGU), trades and distributes salt.
through their health officers and i) Subsistence producer/manufacturer - one who
nutritionist/dietitians, or in their absence through produces, trades in or distributes salt not exceeding
their sanitary inspectors, two metric tons (2m.t.) of salt per year.
to check and monitor the quality of food-grade salt j) Small producer/manufacturer - one who
being sold in their market in order to ascertain that produces, imports trades in or distributes salt ranging
such salt is properly iodized; from more than two metric tons (2m.t.) to three
e) require the Department of Trade and Industry metric tins (3m.t.) per year.
(DTI) to regulate and monitor trading of iodized salt; k) Medium producer/manufacturer - one who
f) direct the Department of Science and Technology produces, imports trades in, or distributes salt
(DOST) in collaboration with the Technology and ranging from more than three hundred metric tons
livelihood Resource Center (TLRC) to initiate, (300m.t.) to two thousand metric tons (2,000m.t.)
promote, and cause the transfer of technology for per year.
salt iodization; l) Large producer/manufacturer - one who
g) authorize the National Nutrition Council (NNC) produces, imports trades in, or distributes salt
the policy-making and coordinating body in exceeding two thousand metric tons (2,000m.t.)per
nutrition, to serve as the advisory board on salt year
iodization;
h) provide mechanisms and incentives for the salt SECTION 6. Support to the Salt Industry. - The
industry in the production, marketing and following agencies and institutions shall support the
distributi0on of iodized salt; and salt iodization program through their respective
i) ensure the sustainability of the salt iodization internal programs:
program. a) The DTI is hereby required to assist and support
SECTION 4. Definition of Terms. For purposes of local salt producers/manufacturers in upgrading their
this Act, the following terms shall mean: production technologies to include iodization by
a) Micronutrient malnutrition - a disorder helping them obtain soft loans and financial
resulting from deficiencies in Vitamin A, iron, assistance for the procurement of salt iodization
iodine and other micronutrients which the body machines, packaging equipment and technology and
needs in minute quantities everyday. fortificant; and by ensuring systematic distribution
b) Iodine deficiency disorders - a broad spectrum of the iodized salt in the market;
of deficiencies resulting from lack of iodine in the b) the Cooperative Development Authority (CDA)
diet which leads to the reduction of intellectual and shall assist the formation of cooperatives of local salt
physical capacity affecting everyone who is iodine producers/manufacturers in order that they can
deficient and may manifest as goiter, mental economically engage in salt iodization and
retardation, physical and mental defects, and distribution of iodized salt;
cretinism.
c) the DOST, in collaboration with the TLRC, shall (f) Salt refers to an unrefined salt derived directly
develop and implement comprehensive programs for from a living sea or ocean, harvested through the
the acquisition of design and manufacture of salt process of cooking, smoking or solar evaporation.
iodization machines and transfer of salt iodization Regardless of the manner of production, it retains
technology to small and subsistence local salt natural traces of minerals coming from sea water;
producers/manufacturers; and (g) Salt farms refer to areas of land, shorelines, or
d) the Department of Environment and Natural coastal areas, including their buildings, machineries,
Resources (DENR) and other appropriate and equipment, used in salt production. Salt farms
government agencies shall identify areas that are may be classified as:
suitable for use as salt farms with the purpose of (1) Individual salt farm - salt farm of not more than
protecting such areas from environmental risks to fifty (50) hectares; or
ensure sustainability of iodized salt production. (2) Corporate or cooperative/association salt
farm – salt farm of not more than two hundred fifty
[ Republic Act No. 11985] (250) hectares;
AN ACT STRENGTHENING AND (h) Salt producer refers to an individual,
REVITALIZING corporation,
THE SALT INDUSTRY IN THE PHILIPPINES, cooperative or association involved in the production
APPROPRIATING FUNDS THEREFOR of salt.
Be it enacted by the Senate and House of Local salt producers shall he categorized as
Representatives of the Philippines in Congress follows:
assembled: (1) Subsistence producer/manufacturer — a
Section l. Short Title. - This Act shall he known as person or association engaged in the production,
the “Philippine Salt Industry Development Act”. trade, and distribution of salt not exceeding two (2)
Sec. 2. Declaration of Policy. - It is the pohcy of the metric tons (MT) per year;
State to promote rural development based on sound (2) Small producer/manufacturer — a person,
agricultural productivity, increase in rural income corporation, or association engaged in the
through enterprises that make full and efficient use production, trade and distribution of salt ranging
of human and natural resources, and which are from more than two (2) MT to three hundred (300)
competitive in both domestic and foreign MT per year;
Markets. (3) Medium producer/manufacturer - a person,
corporation, or association engaged in the
Sec. 3. Definition of Terms. - For purposes of this production, trade, and distribution of salt ranging
Act: from more than three hundred (300) MT to two
(a) Artisanal salt refers to locally produced thousand (2,000) MT per year; or
unrefined salt, (4) Large producer/manufacturer - a person,
derived directly from a living sea or ocean, using corporation, or association engaged in the
traditional production, trade, and distribution of salt exceeding
methods. It retains natural traces of minerals coming two thousand (2,000) MT per year; and
from (i) Salt production refers to the process of
sea water, and is produced by traditional or generating salt from salt water utdizing solar
community-based evaporation or cooking and other acceptable
enterprises; methods.
(b) Artisanal salt producer refers to one who
utilizes Functions of the Salt Council. - The Salt
traditional methods of production using non- Council shall have the following powers and
mechanized means; functions:
(c) Food-grade salt refers to salt for human (a) Formulate the five (5)-year Salt Roadmap, which
consumption; shall contain the short-term, medium-term, and long-
(d) Industrial salt refers to salt used in the term development plan (Development Plan) for the
treatment, industry, which shall be updated yearly, or earlier, as
processing, and/or manufacture of non-food determined by the Salt Council;
commercial products; (b) Identify specific and priority programs and
(e) Iodized salt refers to ordinary salt with projects in support of, and in line with, the Salt
fortificant Roadmap;
potassium iodate (KIOg); (c) Provide development funds and technical
assistance to salt farmers and the industry. The
support shall be commensurate to the size of the salt (4) Conditions for termination, which shah include
farm; an
(d) Implement the mechanization of salt production undertaking to start salt farm construction and
process through the provision of machinery and operation within one (1) year from the approval and
equipment such as, but not hmited to, harvesters, and granting of the SPTI and to protect and preserve
motorized pumps to reduce operational cost; critical habitat for marine life in the area; and
(e) Identify sources of financing and facilitate credit (5) Metes and bounds of the salt farm
windows with government banks and the
Agricultural Credit Policy Coimcil (ACPC) to Qualification of Salt Producers Applying for
expand the salt industry development; SPTI.
(f) Increase production of local salt by increasing The BFAR shall approve apphcation for SPTI on the
land bases of
area devoted to salt and improving farm only the following three (3) requirements:
productivity; (1) Certificate of Registration as a salt producer,
(g) Institutionalize capacity building for salt farmers secured under Section 13 of this Act;
through the BFAR provincial offices under the (2) The applicant has an outstanding track record of
Fisheries Post-Harvest Technology Division engaging in salt farm business or other related
(FPHTD); salt; business for at least three (3) years, or has an actual
(h) Strengthen market hnkage and promotion of experience in salt production for at least three (3)
Philippine years: Provided, That
(i) Conduct continuing R&D on innovation and cooperatives/associations of subsistence and small
modernization of the salt industry; salt producers/farmers may present certification and
(j) Establish an agri-insurance program for salt endorsement from the local government units
producers; (LGUs) within which their intended salt farm will be
(k) Submit annual reports, not later than June 30, to established of their capabihty to
the Office of the President and to each House of manage and operate a salt farm, in heu of the three
Congress, on the status of the implementation of the (3)-year period requirement; and
Salt Roadmap and the salt industry development in (3) Payment of rental fee for the use of said pubhc
the country; land in the amount equal to current rates exacted by
(l) Recommend to the Department of Budget and BFAR on the use of these pubhc lands
Management (DBM) the required yearly
appropriations for the plan and implementation of
the salt development programs; RA 9711: Food and Drug Administration Act of
(m) Promulgate such rules and regulations, and 2009
exercise such other powers and functions, as may be
necessary to carry out the objectives of this Act; and Republic Act No. 9711, also known as the Food
(n) Constitute the staffing complement of the and Drug Administration Act of 2009, was
Program Management Office Secretariat with the enacted to strengthen the regulatory capacity of the
power to create and abolish positions FDA to ensure the safety, quality, and efficacy of
food, drugs, cosmetics, medical devices, and other
Salt as an Aquatic Resource Product. — Salt, health products.
unprocessed or processed, is hereby classified as an
aquatic resource product and shall he exempt from Objectives of RA 9711
all taxes 1. Protect public health by ensuring the safety,
efficacy, and quality of health products.
Salt Production Tenurial Instrument (SPTI). An 2. Strengthen the regulatory capacity of the FDA.
application for an SPTI on a public land for salt farm 3. Ensure compliance with international standards
production shah be submitted to BEAR. BEAR shall and best practices.
issue the SPTI to qualified salt producers, which
shah indicate, interalia, the following: Key Provisions
(1) Name and other relevant information about the • Expansion of FDA's regulatory authority to
grantee; cover health products and establishments.
(2) Terms and conditions in the use of the salt farm; • Creation of FDA centers for specific product
(3) Period of use of the pubhc land on which the salt categories.
farm is located; • Strengthened inspection, licensing, and
monitoring mechanisms.
Implementation and Enforcement that is intended for human consumption. It
• The FDA operates under the DOH to enforce the includes drinks, chewing gum, water and other
provisions of RA 9711. substances, which are intentionally incorporated
• Licensing, registration, and certification into such substances or products during the
processes are strictly regulated. process of manufacturing, preparation, and
• Local government units (LGUs) assist in treatment;
monitoring compliance at the community level. • Food Technology refers to the application of the
Benefits and Impact physical, biological, and behavioral sciences to
• Enhanced consumer confidence in food, drugs, the conversion of raw materials into safe, stable,
and health products. palatable, and nutritious foods. It includes the
• Reduction in health risks associated with unsafe processes of handling, storage, processing,
or counterfeit products. packaging, distribution, and utilization of food;
• Alignment with international health and safety • Food Technologist refers to a person qualified to
standards. practice food technology as provided in this Act
Challenges and Issues and who is a holder of a valid certificate of
• Limited resources and manpower for nationwide registration and a valid professional license to
enforcement. practice issued by the Professional Regulatory
• Non-compliance among certain businesses and Board of Food Technology and the Professional
establishments. Regulation Commission (PRC); and
• Increasing challenges with online sales of • Microbiological Certification refers to a
regulated products. certification of the microbiological, physical,
Conclusion chemical, sensory, and functional properties of
• RA 9711 is essential for safeguarding public food.
health through the regulation of food, drugs, SCOPE OF THE PRACTICE OF FOOD
and health products. TECHNOLOGY
• Strengthening enforcement, improving • Involves identifying specifications for raw
public awareness, and addressing new materials and supervising procurement.
challenges are vital for sustaining its • Includes supervision of food processing
benefits. operations and evaluation of food properties.
• Encompasses certification of food analysis and
Reference: Republic Act No. 9711, Official Gazette technical transactions related to food production.
(2009) • Involves conducting research for food safety and
quality improvement.
• Covers teaching food technology subjects and
Republic Act No. 11052 (The Philippine Food ensuring compliance with food laws.
Technology Act) • Includes implementing quality management
AN ACT REGULATING THE PRACTICE OF systems and assisting in waste management.
FOOD TECHNOLOGY IN THE PHILIPPINES, • Provides consultation services related to food
CREATING FOR THE PURPOSE THE BOARD technology functions.
OF FOOD TECHNOLOGY, AND
APPROPRIATING FUNDS THEREFOR THE PROFESSIONAL REGULATORY BOARD OF
• The Act is officially known as the FOOD TECHNOLOGY
"Philippine Food Technology Act." CREATION OF THE PROFESSIONAL
• It emphasizes the significance of REGULATORY BOARD OF FOOD
professional food technologists in nation- TECHNOLOGY
building and development. • Establishes a Professional Regulatory Board of
• The State aims to cultivate competent and Food Technology under the PRC's supervision.
ethical food technologists through credible • The Board shall be composed of a Chairperson
licensure examinations and regulatory and two (2) members who shall be appointed by
programs. the President of the Republic of the Philippines
• The focus is on fostering professional from a list submitted by the PRC of three (3)
growth, social responsibility, and nominees for each position from a list of five (5)
development nominees for each position, chosen and ranked
DEFINITION OF TERMS by the integrated and accredited professional
• Food is any substance or product whether organization (APO) of food technologists.
processed, partially processed or unprocessed
• The Board shall beorganized not later than six • Applicants must pass a licensure examination to
(6) months after the effectivity of this Act. practice food technology, as designated by the
POWERS AND FUNCTIONS OF THE BOARD PRC
• The Board is responsible for promulgating and QUALIFICATIONS OF AN APPLICANT FOR
enforcing rules for the Act's implementation. THE LICENSURE EXAMINATIONS
• It supervises the registration and licensure of • Applicants must be Philippine citizens or
food technologists. citizens of countries with reciprocity
• The Board can issue special permits and agreements.
certificates for advanced studies. • They must possess good moral character and a
• It ensures educational institutions comply with relevant Bachelor’s Degree.
CHED standards. • Applicants must not have any convictions
• The Board prepares syllabi for licensure involving moral turpitude.
examinations and adopts a CPD program.
• It monitors the practice conditions and maintains Scope of Examination
professional standards. (a) Physical, Chemical, Biological, and Microbiological
• The Board can investigate violations and issue Principles:
summons for hearings. (b) Food Processing, Preservation, and Food
QUALIFICATIONS OF THE MEMBERS OF THE Engineering;
BOARD (c) Quality Sensory Evaluation of Food; and
• Members must be citizens and residents of the (d) Food Laws and Regulations.
Philippines for at least five years.
• They must hold a Bachelor’s Degree in Food RATINGS IN THE EXAMINATION
Technology from a recognized institution. • A passing rating of 75% is required in each
• Members must be registered food technologists subject.
with at least five years of active practice. • Candidates with scores between 60% and 75%
• They should be in good standing with the may take a removal examination for subjects not
integrated professional organization of food passed.
technologists.
• Members must not have any conflicts of interest Report of Rating
or convictions involving moral turpitude. The Board and PRC must release examination results
within ten days of the exam.

Practice of Food Technology (Sections 26-30):


TERM OF OFFICE OF THE MEMBERS OF THE - The PRC shall prescribe and promulgate CPD
BOARD guidelines in consultation with the Board, integrated and
• Members serve a three-year term, with the APO of food technologists, affiliated associations, and
possibility of reappointment for one additional other concerned sectors. A CPD Council shall be
term. created.
• The first Board will have staggered terms to - All food technologists shall be integrated into one
ensure continuity. national organization recognized by the Board and PRC
• Members must take an oath of office before as the integrated and APO of food technologists.
assuming their roles. - Foreign food technologists shall be admitted to the
COMPENSATION AND ALLOWANCE OF THE licensure examination or granted registration and license
BOARD only if their country permits Filipino food technologists
• Board members receive compensation and to practice under the same conditions (reciprocity).
allowances comparable to other regulatory - Food technologists shall indicate their license and
boards under the PRC. privilege tax receipt number, professional number, and
REMOVAL OR SUSPENSION OF MEMBERS OF certificate validity dates on documents they sign or issue.
THE BOARD - Prohibited acts include practicing or representing
• Members can be suspended or removed by the oneself as a food technologist without a valid license or
President upon PRC's recommendation for permit, allowing another person to use one's license or
various misconducts. permit, and using another food technologist's license or
• The rights of the accused to a fair hearing and permit.
legal representation are protected.
LICENSURE EXAMINATION REQUIREMENT Final Provisions (Sections 31-36):
- Violation of the Act or its implementing rules and 2. The Executive Director of the National Meat
regulations shall be punished by a fine of not less than Inspection Service;
₱40,000 but not more than ₱150,000, or imprisonment of 3. The Director of the Bureau of Animal Industry;
not less than six months but not more than four years, or 4. The Executive Director of the Bureau of Food and
both. Drugs;
- The implementation of this Act shall be included in the 5. The Director of the Bureau of Local Government
PRC's program and funded through the annual General Development;
Appropriations Act. 6. Representative from a consumer organization duly
- The Board shall promulgate the implementing rules recommended by the National Consumer Affairs
and regulations and the Code of Ethics for food Council;
technologists within 30 days after the Act's effectivity. 7. The Director of the Bureau of Agriculture and
- Separability clause: If any section is declared invalid or Fisheries Product Standards.
unconstitutional, it shall not invalidate the other sections.
- Repealing clause: All laws, decrees, orders, issuances, ANTE-MORTEM INSPECTION
or parts thereof inconsistent with this Act are repealed or An antemortem inspection shall be made of food animals
modified accordingly. by authorized inspectors before it shall be allowed for
- The Act shall take effect 15 days after its publication in slaughter in any city, municipal or licensed private
the Official Gazette or a newspaper of general abattoirs in which the meat or meat products thereof are
circulation. to be sold.

Post-Mortem Examination
The Meat Inspection Code of the Philippines • The inspectors shall conduct a post-mortem
REPUBLIC ACT NO. 9296 examination and inspection of the carcasses and
parts thereof of all food animals prepared at any
The Meat Inspection Code of the Philippines also known establishment as articles of commerce which are
as Republic Act No. 9296. The RA 9296 aims to ensure capable of use as human food
the safety and quality of meat and meat products for
human consumption. Re-Inspection
The inspectors shall re-inspect carcasses and parts
Meat Inspection System thereof when necessary to determine whether the meat
• A system to ensure the safety and quality of has
meat and meat products for human food become adulterated after the first inspection. If found to
including but not limited to humane handling of be adulterated on subsequent examination and
slaughter animals, ante-mortem and post- inspection, the establishment shall destroy for food
mortem inspection, Quality Assurance Program, purposes all carcasses and parts thereof in the presence
Hygiene and Sanitation Program, Good of the inspector.
Manufacturing Practices, Sanitation Standard
Operating Procedures, Hazard Analysis Critical • The NMIS and PMIS shall oversee, monitor and
Control Point Program and Residue Control evaluate the performance of meat establishments
Program, of a country. relative to their implementation of GMP and
SSOP programs.
• National Meat Inspection Service (NMIS) is
The National Meat Inspection Commission renamed as the national authority for meat inspection in the
the National Meat Inspection Service (NMIS) shall serve Philippines while Provincial Meat Inspect
as the sole national controlling authority on all matters Service (PMIS) is responsible for meat
pertaining to meat and meat product inspection and meat inspection at the provincial level.
hygiene.
Interference in the Conduct of Inspection
The Meat Inspection Board • It shall be unlawful for any person, firm or
Shall assist in the formulation of policies and guidelines corporation to resist, harass, intimidate, assault,
and advise the chairperson on all matters pertaining to impede or interfere with any inspector during the
meat inspection and meat hygiene. performance of his duties as prescribed under
The Board shall be composed of the following or their this Act.
duly designated representatives:
1. The Secretary of the Department of Agriculture, as Unlawful Trading
Chairperson;
• It shall be unlawful for any person employed by
the NMIS or person employed by the local
government unit for the purpose of meat
inspection work, to engage directly or indirectly
in the business of buying, selling and trading or
otherwise negotiating purchases or sales of meat
and meat products for his own account or as an
employee of another person, firm or corporation.
Any person employed for the purpose of meat
inspection work, found directly or indirectly
violating this section shall be charged under
applicable laws, rules and regulations.

Unlawful Shipment
• It shall be unlawful for any shipping line or
airline to accept shipment of meat and meat
products for export into our country without an
accompanying
veterinary quarantine clearance issued by the
Philippine Department of Agriculture and
International Veterinary Certificate issued by the
national controlling authority of the exporting
country

Implementing Rules and Regulations


• The Secretary shall within ninety (90) days from
the effectivity of this Act convene a technical
working committee composed of representatives
from the National Meat Inspection Service,
Bureau of Animal Industry, Bureau of Food and
Drugs and one (1) representative each from the
League of Cities and the League of
Municipalities to formulate in consultation with
the private sector the necessary implementing
rules and regulations. The implementing rules
and regulations shall be submitted to the
Committee on Agriculture of both Houses of
Congress for prior approval.

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