Question & AnswerQ&A (Act No. 1655)
The main objective is to prevent the manufacture, sale, or transportation of adulterated, misbranded, poisonous, or deleterious foods, drugs, medicines, and liquors, and to regulate traffic therein.
A fine not to exceed one thousand pesos, imprisonment for one year, or both for the first offense; subsequent offenses carry a fine between two thousand to five thousand pesos, or imprisonment for one year, or both.
A 'drug' includes all medicines and preparations recognized in the U.S. Pharmacopeia or National Formulary used for the cure, mitigation, or prevention of diseases in humans or animals. 'Food' includes all articles used for food, drink, confectionery, or condiment by humans or animals, whether simple, mixed, or compounded.
Adulteration includes drugs that differ from U.S. Pharmacopeia standards or fall below professed quality; confectionery containing harmful mineral substances or narcotic drugs; food with substances that lower quality, substituted ingredients, removed constituents, damaging coloring or coating, poisonous ingredients, or filthy, decomposed animal/vegetable substances.
Articles whose package or label bears false or misleading statements about the contents, ingredients, or origin; imitations; packages with replaced contents; failure to state quantities of certain narcotics; or falsely branded as to the place of manufacture or production.
A dealer is protected from prosecution if he can establish a guaranty signed by the party from whom he purchased the article, guaranteeing the article is not adulterated or misbranded. The guarantor then becomes liable to prosecution and penalties instead of the dealer.
The Secretary receives notices of adulteration/misbranding, gives notices to parties involved, provides opportunity for hearings, and certifies violations to the Attorney-General for prosecution.
Specimens are collected and examined under supervision; if found adulterated or misbranded, notice is given to concerned parties; hearings are held; if violation confirmed, facts are certified to the Attorney-General to initiate prosecution.
Any adulterated/misbranded articles found unloaded, unsold, in original packages, offered for sale, imported, or intended for export may be seized, confiscated, and condemned by the court after legal proceedings.
Yes, if prepared or packed according to the purchaser's specifications from the United States or any foreign country and not violating those laws. However, if sold for domestic use in the Philippines, they lose this exemption.
The Insular Collector of Customs, Director of Health, and Collector of Internal Revenue, subject to approval by the Secretary of the Interior, formulate uniform rules and regulations for enforcement.
Labels must truthfully state the name, place of manufacture, if a compound or blend, the quantity/proportion of specific narcotics or alcohol, and avoid false or misleading statements or devices. Labels must be in English and readable type size.
The importer is notified, shipment refused admission, delivery withheld, and the goods are destroyed unless reshipped within three months, under enforcement by the Insular Collector of Customs.
An original package is the container put up by the manufacturer to which the label is attached, suitable for labeling, making one complete package of the food or drug article, including both wholesale and retail packaging.
The act, omission, or failure of any officer, agent, or person acting for or employed by a corporation within the scope of employment is deemed to be the act, omission, or failure of the corporation itself.