QuestionsQuestions (DOH DEPARTMENT CIRCULAR NO. 97, S. 2004)
It is issued pursuant to Section 12 of Republic Act No. 8976 and contains the Implementing Rules and Regulations (IRR) for the Philippine Food Fortification Program under RA 8976.
It is guided by the State’s constitutional duty to protect the right to health, and it targets nutritional deficiencies (e.g., iron, vitamin A, iodine, thiamin, riboflavin, energy) and compensates for nutrient losses due to processing/storage, using the most recent Recommended Dietary Allowance (RDA).
Fortification is the addition of nutrients to processed foods at levels above the natural state, to control micronutrient deficiency. A fortificant is the substance (chemical or natural) added to increase the food’s nutrient value.
It covers all imported or locally processed foods/food products for sale or distribution for human consumption in the Philippines, except as provided in Sec. 2 of Rule X.
Voluntary food fortification under the Sangkap Pinoy Seal Program, and mandatory food fortification for specific food products enumerated in RA 8976 and as may be required by the National Nutrition Council (NNC).
Except food service establishments, establishments must be duly licensed by relevant agencies (e.g., NFA for rice, BFAD for wheat flour, SRA for sugar, PCA for cooking oil), inform BFAD prior to fortification, and register their products with BFAD prior to distribution.
It encourages manufacturers to fortify foods with DOH-approved nutrients meeting defined criteria and authorizes use of the DOH seal of acceptance for products that pass these criteria.
Manufacturers who opt to fortify but do not apply for SPSP registration must fortify based on acceptable standards set by DOH through BFAD, and avoid over/under fortification based on DOH guidelines.
Rice (except brown rice and locally produced glutinous rice) with iron; wheat flour with vitamin A and iron; refined sugar with vitamin A; cooking oil with vitamin A (except for export).
For iron (ferrous sulfate), minimum acceptable level is 60 mg Fe/kg raw rice and maximum tolerable level is 90 mg Fe/kg raw rice.
Manufacturers fortify locally processed staple foods. If they are not owners of raw sugar/crude vegetable oil/palay/wheat grains, the tollee must notify the refinery or miller of the destination and is responsible for non-fortification if the tollee sells/distributes where fortification is required; the miller/refiner must report monthly to BFAD about non-fortification required by the tollee.
Fortification is to be done by the manufacturer at the place of manufacture. If not fortified at source, the importer is responsible for fortification before release for sale/distribution in the Philippines.
Repackers may repack only staple food products that have already been fortified.
The label must include a statement of the fortificant added and the amount present within the product’s shelf life.
Agencies responsible for implementation must establish a quality assurance system for food fortification. Manufacturers/importers/repackers must also establish their own quality assurance systems conforming to the implementing agency’s system.
DOH through BFAD is the lead agency for implementation and monitoring, including planning and promotion/advocacy via SPSP. The NNC conducts periodic review at least once every five years (or upon petition) to determine if mandatory fortification is still needed.
Non-compliance includes: fortification levels not meeting Rule VI requirements (unless justified and properly declared); using a different fortificant than that approved by DOH/BFAD; or a fortification process not conforming to Rule VII.
BFAD may deny registration, order recall/withdrawal, impose fines (with escalating amounts for first, second, third violations) and suspend/cancel product registration; sanctions require due notice and hearing.
Mandatory fortification for wheat flour, refined sugar, cooking oil and rice commences after four years from the effectivity of RA 8976 (RA effectivity: Nov. 7, 2000), so mandatory IRR takes effect on Nov. 7, 2004.