Question & AnswerQ&A (Republic Act No. 8976)
The official title of Republic Act No. 8976 is the "Philippine Food Fortification Act of 2000."
The primary policy is that the State shall protect and promote the right to health by addressing nutritional deficiencies in the Filipino diet through food fortification, based on the most recent Recommended Dietary Allowances (RDA).
Fortification is defined as the addition of nutrients to processed foods or food products at levels above the natural state, aimed to control micronutrient deficiency by adding a micronutrient that is deficient in the diet to widely consumed foods by at-risk groups.
The Department of Health (DOH) through the Bureau of Food and Drugs (BFAD) is the lead agency responsible for implementation and monitoring.
The SPSP is a voluntary program that encourages food manufacturers to fortify processed foods with essential nutrients. Products passing defined criteria are authorized to use the DOH seal of acceptance as a guide for consumers.
Mandatory fortification applies to rice with iron; wheat flour with vitamin A and iron; refined sugar with vitamin A; cooking oil with vitamin A; and other staple foods as may be required by the National Nutrition Council (NNC).
Sanctions include denial of product registration, product recall, fines (P300,000 for first violation, P600,000 for second, P1,000,000 for third), suspension of registration, and cancellation of product registration.
Producers or manufacturers of imported processed foods must fortify their products; if not, importers are responsible for fortifying the products before distribution or sale in the Philippines.
Noncompliance occurs if food fortification levels do not meet DOH requirements without proper labeling of deviations, if fortificants differ from DOH-approved substances, or if fortification processes do not conform with DOH standards.
The NNC must conduct a periodic review at least every five (5) years, coinciding with national nutrition surveys or assessments of the Philippine Plan of Action for Nutrition (PPAN).
The Department of Trade and Industry (DTI), Department of Science and Technology (DOST), Land Bank of the Philippines (LBP), Livelihood Corporation (LIVECOR), and agencies with accredited analytical laboratories support manufacturers.
Manufacturers must include on the label a statement of "nutrition facts," indicating the nutrients added and their quantities in the fortified processed foods or food products.
Mandatory fortification for these staple foods, including those milled or distributed by the National Food Authority, was to commence four (4) years after the effectivity of the Act.
It covers all imported or locally processed foods or food products for sale or distribution in the Philippines, excluding dietary supplements with established standards prescribed by the DOH through BFAD.
The separability clause provides that the remaining provisions will continue to be legal and in full effect despite the invalidation of any part.