QuestionsQuestions (Republic Act No. 10611)
The law declares the State’s policy to protect and promote the right to health and to safeguard consumers from hazardous products by maintaining a farm-to-fork food safety regulatory system that ensures a high level of food safety, promotes fair trade, and advances global competitiveness of Philippine foods.
To (a) protect the public from food-borne/water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods; (b) enhance industry and consumer confidence in the food regulatory system; and (c) achieve economic growth by promoting fair trade practices and sound regulatory foundations for domestic and international trade.
Food safety is “the assurance that food will not cause harm to the consumer when it is prepared or eaten according to its intended use.”
Adulteration generally refers to acts leading to food that bears/contains harmful substances, is filthy/putrid/decomposed, prepared under unsanitary conditions, from diseased animals, uses expired ingredients, or is prepared/packed/held improperly. Misbranding is deliberate labeling or advertising that is misleading and claims properties unsupported by reliable source or scientific evidence. Mislabeling is treated under prohibited acts as incorrect or misleading labeling (together with misbranding and misrepresentation).
Risk analysis is a process consisting of risk assessment, risk management, and risk communication.
Standards/controls must be based on risk analysis (when feasible), risk assessment must be independent, objective, and transparent and based on sound scientific evidence; risk management must consider local conditions and enforceability; risk communication must be transparent and interactive; and food business operators are encouraged to implement HACCP.
When available relevant information for risk assessment is insufficient to show a certain type of food does not pose a risk to consumer health—precautionary measures may be adopted and remain enforced pending submission of additional scientific information, without being more restrictive than required and should be proportionate to the level of protection.
DA agencies cover food safety in primary production and post-harvest stages (e.g., BAI, NMIS, BFAR, BPI, FPA, PCA, SRA, NFA and BAFPS). DOH (through FDA Center) covers safety of processed and prepackaged foods and post-market monitoring/epidemiology. LGUs enforce food safety in their territorial jurisdiction for food businesses like markets, restaurants, canteens, school canteens, and water refilling stations, including street food; DILG supervises enforcement of sanitary rules and regulations and inspection/compliance within territorial jurisdiction.
It is a coordinating board created under RA 10611. Key functions include monitoring and coordinating DA, DOH, DILG, and LGUs; identifying which agency enforces when jurisdictions overlap; coordinating crisis management; establishing coordination policies; evaluating effectiveness of enforcement/training/research; submitting reports to Congress; and accepting grants/donations.
The Board is chaired by the DOH Secretary and co-chaired by the DA Secretary. Alternate chair for DOH is the FDA Director General; alternate co-chair for DA is the DA Undersecretary for Policy and Planning, R&D and Regulations. Members include heads of food safety regulatory agencies (DA), the FDA Center Director, a DILG field operator with Director rank, heads/representatives of local leagues, and representatives from DTI and DOST (Director rank).
It is a system for notification of direct or indirect risk to human health due to food. RA 10611 requires the FSRCB to establish it.
For national origin: (1) suspend distribution/use; (2) lay down special conditions; (3) other interim measures. For imported food: (1) suspend imports from the concerned country/parts (and transit country if applicable); (2) lay down special conditions for the food; (3) other interim measures.
They must ensure food satisfies food law requirements relevant to their activities and have control systems to prevent, eliminate, or reduce risks to consumers.
Examples: (1) be knowledgeable of requirements and adopt applicable good practices (with assistance to micro/small industries); (2) initiate withdrawal and inform the regulatory authority if they consider/have reason to believe food is unsafe or noncompliant; (3) allow inspection and collaborate on actions to avoid risks; and (4) if unsafe/noncompliant food reached consumers, inform consumers accurately and recall when necessary.
Traceability is the ability to follow the movement of a food through specified stages of production, processing, and distribution. Operators must identify suppliers of food, food-producing animals, production chemicals (e.g., pesticides/drugs), and relevant inputs (feeds, additives, ingredients, packaging materials, or substances expected to be incorporated), implement systems to make this information available on demand, and identify other businesses to which their products were supplied; during outbreaks, traceability is established by DOH’s National Epidemiology Center.
Appropriate authorizations (permits/licenses/certificates of registration or compliance or exemption) must cover establishments and facilities engaged in stages of the food supply chain for consumption. Special derogations may be provided based on geographical location and after risk assessment, especially for micro, small, and medium food businesses.
Prohibited acts include: producing/handling/manufacturing/importing foods not conforming to standards or banned foods; refusing access to records or entry of inspectors; failing to comply with recall orders; adulterating/misbranding/mislabeling/falsely advertising; operating without proper authorization; conniving with operators or inspectors leading to food safety risks; and violating IRR.
Penalties include fines and suspension of authorization, with higher fines and longer suspensions for repeat convictions. Penalties also increase when the violation results in slight physical injury, less serious/serious physical injury, or death, with additional costs/conditions (e.g., hospitalization/rehabilitation for injury; imprisonment and permanent revocation for death) and special rules for cases without authorization, and for government personnel, naturalized citizens, and aliens.