QuestionsQuestions (DOH DEPARTMENT CIRCULAR NO. 96, S. 2004)
It applies to salt producers/manufacturers, repackers, importers, traders, distributors, retailers and market vendors; food service establishments; food manufacturers/processors using salt; LGUs; other government agencies; non-government agencies and related professional organizations involved in nutrition; and government and private hospitals/institutions.
To contribute to elimination of micronutrient malnutrition (particularly iodine deficiency disorders), and to ensure only iodized salt is available in the country for human and animal consumption; likewise to require national/local governments to perform roles (resources, incentives, strict enforcement, public info campaign, and local ordinances) and to sustain the program through concerted efforts of all agencies.
Producers/manufacturers and importers must iodize the salt they manufacture/produce/distribute/trade/import; repackers must repack and sell only iodized salt; distributors/retailers/vendors must distribute or sell only iodized salt; food processing/food service industries must use only iodized salt in their products/food; and food service establishments must use only iodized salt in the food they serve.
Iodized salt is ordinary salt with fortificant potassium iodate (K103) as defined in the IRR.
Food-grade salt is salt for human and animal consumption, distinct from industrial salt, which is used for treatment/processing/manufacture of non-food commercial products.
For locally produced salt: bulk (>2 kgs) 70–150 mg/kg; retail (<2 kgs) 50–100 mg/kg.
Iodized salt sold beyond twelve (12) months from date of iodization is considered expired; expired iodized salt must not be sold/distributed for human or animal consumption and should be returned to the last seller/distributor for re-iodization.
The IRR lists impurity/purity requirements including: positive identification for sodium and chloride, assay minimum 97% (dry basis), moisture limits (4% refined; 8% unrefined), and maximum levels for arsenic (1.0 mg/kg), cadmium (0.5 mg/kg), lead (2.0 mg/kg), and mercury (0.2 mg/kg), plus limits for calcium and magnesium (max 2%).
It constitutes a violation of adulteration and misbranding under Sections 14 and 15 of RA 3720 (Food, Drugs and Cosmetics Act), as amended, and relevant provisions of RA 7394 (Consumer Act of the Philippines).
They must perform regular iodine testing (daily sampling and testing), equipment inspections (at least twice daily), monitor mixing for homogeneity, sample lots ready for distribution, inspect packaging/labeling, and maintain record keeping (daily control charts and weekly summaries with corrective actions for at least 12 months), including providing traders a Salt Iodization Certification with iodine level, batch/lot number, and date of iodization.
Iodized salt must be distributed and sold according to the principle of first in, first out (FIFO).
Industrial salt importation must be in bulk (never in bags/sacks). Bulk imported salt intended for human/animal consumption must be released to importer’s warehouse for iodization and inspected by BFAD after iodization before it can be sold/distributed. Importers must submit non-negotiable Bill of Lading, Commercial Invoice, and packing list prior to arrival; BFAD clearance is required before release by BOC. For non-iodized salt imported in bags/sacks, only iodized salt is allowed in bags/sacks except that pure vacuum dried salt may be imported in bags/sacks if it is iodized by the importer prior to release to market.
All salt producers, manufacturers, traders, repackers, and importers must secure a License to Operate (LTO) as manufacturer from BFAD (with documentary/technical requirements). All locally manufactured and imported salt must be registered with BFAD (product registration). Imported non-iodized salt must be iodized by the importer prior to sale; the importer issues Salt Iodization Certification identifying the firm that iodized the salt or providing certification from suppliers if already iodized.
LGUs must enact/enforce local ordinances requiring sale/use/display of iodized salt; monitor iodine presence in salt via designated inspectors/health officers/nutritionists; establish and maintain lists of salt producers/importers/distributors within jurisdiction and submit to BFAD within six months; provide budget support; assist in organizing salt producers into cooperatives; submit semestral accomplishment reports to DOH-CHD (copy furnished to BFAD) for first three years from approval; and assist other agencies in implementation.
BFAD inspection is conducted monthly by authorized FDROs, including sampling/reporting with possible Report of Analysis; the LICD checks probable cause and files a complaint with the BFAD Director if warranted; BFAD Director sends notice requiring a verified answer within 10 days; if no answer, the Director resolves; if factual issues, a hearing is conducted; and if fines become final and executory, authorized LGU may collect fines for the exclusive use of the investigating LGU, while BFAD fines accrue to BFAD for ASIN Law implementation.
BFAD may impose administrative fines on existing and newly established/organized entities within its jurisdiction, within P1,000 to P100,000 after notice and hearing. Fines vary by category/volume; minimum/medium/maximum ranges are P1,000–30,000; P31,000–60,000; and P61,000–100,000 respectively, with maximum additionally leading to revocation of LTO; and for prohibited products, recall/withdrawal from market. Minimum applies when no prior violations/good compliance record exists. Maximum applies when there is manifest intention to mislead/defraud/deceive the consuming public, including revocation of LTO. Medium applies when neither circumstance for minimum nor maximum exists. BFAD may delegate administrative investigation to LGU head, but subject to BFAD Director review/confirmation.
It provides graduated fines: the larger the volume, the larger the fine; and it specifies minimum (P1,000–30,000), medium (P31,000–60,000), and maximum (P61,000–100,000) penalty brackets, with revocation and product recall/withdrawal as consequences at the maximum bracket.