Philippine Sanitation Code 1975

Definitions and key terms

Section 2 defines “Department” as the Department of Health.
Section 2 defines “Secretary” as the Secretary of Health.
Section 2 defines “Regional Director” as an official who heads a Regional Health Office.
Section 2 defines “Local Health Authority” as an official or employee responsible for applying a prescribed health measure in a local political subdivision.
Section 2 defines “Health Officer” as the Provincial, City or Municipal Health Officer.
Section 2 defines “Engineer” as a Sanitary Engineer.
Section 2 provides that “Section” means a section of the Code unless the term refers to other statutes specifically mentioned.

Department functions and delegated powers

Section 3 requires the Department of Health to promote and preserve the health of the people and raise health standards across the Philippines.
Section 3 requires the Department to extend maximum health services, including medical care for persons who cannot afford it due to poverty.
Section 3 directs the Department to develop, administer, and coordinate public health programs, including preventive, curative, and rehabilitative programs, and health and medical education.
Section 3 mandates that the Department issue permits to establish and operate: government and private hospitals, clinics, dispensaries, schools of nursing, midwifery, other paramedical courses, puericulture centers, clinical laboratories, and blood banks.
Section 3 empowers the Department to prescribe standard rates of fees for health, medical, laboratory, and other public health services.
Section 4 empowers the Secretary of Health to promulgate rules and regulations for proper implementation and enforcement of the Code.
Section 5 assigns to Bureau Directors responsibility for staff activities involving development of plans, programs, operating standards, and management techniques.
Section 6 assigns to Regional Directors responsibility to administer health functions in regions, implement policies and enforce Code provisions and Secretary-promulgated rules.
Section 7 assigns to Health Officers responsibility to administer health functions in their jurisdiction and enforce Code provisions and Secretary-promulgated rules.
Section 8 allows a power granted or a duty assigned to be exercised by a deputy or agent unless expressly provided otherwise.

General procedural rules and public-health controls

Section 8 recognizes that the Philippines treats international treaties, agreements, and conventions on public health as parts of the Code if they do not contravene the Constitution, existing laws, or any Code provision.
Section 8 protects accrued rights and commenced proceedings: provisions apply to matters of procedure and rights arising after the Code’s effectivity.
Section 8 requires any notice, report, statement, or record required or authorized by the Code to be in English or Pilipino.
Section 8 provides that notices required to be sent are sent through the postal service unless expressly provided otherwise, and the mailing affidavit is prima facie evidence that the notice was sent as prescribed.
Section 8 provides that when property is condemned or seized in the interest of public health, the owner is not entitled to compensation.
Section 8 establishes command-responsibility understanding: when a duty is expressly vested in a health officer, it is also the concern of superiors under the principle of command responsibility.

Water supply standards and restrictions

Section 9 requires drinking-water standards and bacteriological and chemical examination to conform to National Drinking Water Standards.
Section 9 requires water treatment to render water safe for drinking and disinfection of contaminated sources and distribution systems to follow Department procedures.
Section 10 requires Secretary approval (or duly authorized representative approval) for:
- sites of water sources before construction;
- delivery of water to consumers from new or recently repaired water systems;
- operating a water system after an order of closure by the Department;
- plans and specifications of water systems of subdivisions and projects before construction of housing units thereat; and
- certification of potability of drinking water.
Section 11 requires initial drinking-water testing (physical, chemical, and bacteriological) for newly constructed systems or sources before operation and public opening, and initial testing for possible radioactive contamination.
Section 11 requires periodic bacteriological examination for existing sources “as often as possible” with an interval not longer than six months, general systematic chemical examination every 12 months or oftener, and yearly examination of water sources for possible radioactive contamination.
Section 12 requires that drinking-water examinations be performed only in private or government laboratories duly accredited by the Department.
Section 12 makes operators responsible to submit water samples to accredited laboratories at manners and intervals prescribed by the Department.
Section 13 prohibits contamination practices within fixed radii:
- washing clothes or bathing within a 25 meters radius from any well or drinking-water source;
- constructing artesians or deep or shallow wells within 25 meters from any source of pollution;
- storing radioactive sources/materials within 25 meters from any well or source of drinking water unless adequately and safely enclosed by proper shielding;
- permitting any physical connection between a public supply’s distribution system and another supply unless the other supply is regularly examined for quality by those in charge and found safe and potable; and
- installing a booster pump to boost water direct from a water distribution line where low-water pressure prevails.

Food establishment permits, workers, and safety

Section 14 prohibits operating a food establishment for public patronage without a permit from the local health office.
Section 14 defines “food establishment” as an establishment where food or drinks are manufactured, processed, stored, sold or served.
Section 14 requires every Sanitary Permit to be posted in a conspicuous place in the establishment.
Section 14 provides that fees payable on permit applications and on issuance, renewal, and related certificates are in amounts imposed by the City or Municipal Authority by resolution.
Section 14 requires that within 14 days after any change in ownership or occupancy, the new occupant apply to the City or Municipal Health Officer to have the change noted on records and on the permit certificate, and pay the corresponding fee for noting.
Section 14 requires every city or municipality to maintain a record of all permitted establishments and all permit certificates and renewals.
Section 14 requires permit records to show: the holder’s name and address (actual occupier), establishment location, purposes of the permit, date first issued and renewal dates, all changes of occupation and management since first issuance, and conditions under which the permit or renewal was granted; the record must be available for inspection at all reasonable times by a DOH officer.
Section 15 prohibits employing any person in a food establishment without a Health Certificate issued by the local health authority after required physical/medical examinations and immunizations at prescribed intervals.
Section 16 requires food to come from sources approved by the local health authority and imposes specific quality-control rules:
- meats, meat products, and fish must be procured from sources under sanitary or veterinary supervision;
- all meat and fish must be properly cooked before serving;
- prohibited procurement of meat products, fish, vegetables, and other food from sources/areas known to be affected by radioactivity;
- milk and fluid milk products must come from approved sources, and milk from other sources must be sterilized, pasteurized, or otherwise heated;
- milk must be refrigerated, and canned/packaged milk (other than dry milk powders) must be refrigerated after opening;
- all perishable and potentially hazardous foods must be stored at 45AF (7AC) or below;
- cooked food intended to be served hot must be kept at not lower than 140AF (60AC); and
- raw fruits and vegetables must be thoroughly washed before use.
Section 17 requires food establishments to meet structural requirements and imposes multiple prohibitions on use of rooms connected to food handling: no room/place used for preparation/storage/handling/sale of food may be used if it is used at any time or directly communicated with a sleeping apartment or toilet, where any animal is kept, where used for purposes likely to contaminate food or injure wholesomeness/cleanliness, or where it is not used exclusively for the purpose; Department-store/multipurpose establishments may manufacture/prepare/cook/store/sell only in areas set aside exclusively for the purpose and with a sanitary permit.
Section 17 provides that no sanitary permit is issued unless premises meet construction standards on floors, walls, ceilings, lighting, ventilation, overcrowding, change rooms, wash-hand basins, maintenance, and water temperature (including 100AF (37.8AC) minimum for hot/cold or tempered water at basins when premises are used).
Section 18 prohibits using food-service spaces as living or sleeping quarters and bars storage/handling rules that permit contamination, including prohibiting handling storage/preparation foods by anyone other than preparation and serving staff.
Section 19 requires food handlers to maintain hygiene and specific practices: clean working garments (cook caps and female hairnets/caps), observe personal hygiene, and wash hands thoroughly with soap and water and dry immediately before working or after toilet use.
Section 20 establishes vermin-control duties: exclude vermin from food/drink storage/preparation/serving areas; protect openings with 16-mesh or finer non-corrosive wire screens and tight-fitting door screens; require a vermin abatement program maintained by owners/operators/administrators and authorize local health agencies to undertake work at the owners’ expense if the program is neglected/refused; require covering of all foodstuffs, utensils, and equipment during deratting/disinfecting to protect from toxic chemical substances; require procedural frequency as determined and approved by the local health authority; assign vermin control in public places to provincial/city/municipal governments; and mandate vermin abatement program procedures to follow local approval.
Section 21 requires adequate clean toilet facilities for male and female customers and personnel in properly located areas, bars toilet rooms from opening directly into food preparation/storage/serving spaces (tight-fitting, self-closing doors where such toilets exist), requires adequate hand-washing facilities within or adjacent to toilet rooms, and requires facilities with hot and cold running water, single-service towel dispenser or drying device, and soap or detergent.
Section 22 regulates refuse management: refuse cans may be used in food-preparation areas only for immediate use; refuse storage cans (filled/empty) must be stored in a designated space separate from food-handling; refuse cans must be vermin-proof and easily cleaned; cans must be tightly covered except during actual use; holding bins may be used if impervious and readily-cleaned with tight covers; and a separate cleaning space for refuse cans must include scrubbing brushes, cleansing agents, steam or hot water under pressure, and a hose with adjustable nozzle.
Section 23 requires equipment and utensils to be designed and installed for easy cleaning and to avoid health hazards, bans lead-soldered containers and cadium-lined piping/fixtures, and requires food-contact surfaces to be impervious, corrosion-resistant, non-toxic, easily cleanable, durable, and resistant to chipping.
Sections 24–27 impose utensil cleaning and disinfection requirements: scrape/pre-rinse; wash thoroughly in warm water at 120AF (49AC) with soap/detergent; change wash water frequently if no running water; bactericidal treatments must be one of specified methods (including hot water at 170AF (77AC), chlorine solution 50 ppm, steam cabinet at specified times/temperatures, oven/hot-air cabinet at specified times/temperatures, or other method approved by local health authority); allow drainage/dry in wire racks without dishcloth drying or store to permit air-drying; require frequently cleaning/changing drying cloths; store washed utensils in clean/dry protected areas, invert cups/bowls/glasses, cover/invert utensils when not in closed cupboards/lockers, ban storage on bottom shelves of open cabinets below working top level, require specific materials for racks/trays/shelves and clean drawers, and reject felt-lined drawers while allowing clean removable towels.
Sections 28–29 require storage temperature controls: dry storage uses designated spaces with containers tightly covered (dry-store recommended 50-60AF (10-15AC)); refrigerated storage keeps perishable foods at 45AF (7AC) or below (and recommends 40AF (4AC) for extended periods), sets recommended temperatures for frozen foods (not more than 10AF (2AC)), meat and fish (32-38AF (0-3AC)), milk and milk products (40-45AF (5-7AC)), and fruits/vegetables (44-50AF (7-10AC)), and requires clean, good-repair, odor-free compartments with thermometers with scale divisions not larger than 2AF (1AC), sufficient shelving for ventilation and cleaning.
Sections 30–31 impose food servicing and inspection duties: avoid bare hand contact with food/drink (no fingers for serving butter/ice/similar; sugar served in covered dispensers or single-service packages), prevent handling food-contact surfaces, require sanitary handling and storage of disposable single-service items from sanitary cartons, require designated storage of clean linens/cloth items and closed-bin storage of soiled linens, impose hot-water and temperature requirements for intermittent-use frozen dessert dispensing tools and require constant-temperature bottles and beverage containers be kept clean and disinfected before/after use; require Provincial/Municipal/City Health Officer inspections at least every six months, recorded findings, delivery of reports to permit holders within 48 hours, correction deadlines with “reasonable period” stated in notice, and revocation upon failure to correct after re-inspection.
Section 31 provides permit enforcement mechanics: when non-compliance is indicated, the Health Officer may serve a first notice requiring remedial action, then a second notice requiring the holder/manager/occupier to show cause why the permit should not be revoked if the first notice is not complied with; after prior notice and hearing, the Health Officer revokes if terms of the notices are not complied with or failure is not excusable.
Section 31 authorizes summary suspension when unsanitary/unhealthy conditions constitute a substantial hazard to public health, and requires written petition hearing as soon as possible.
Section 31 provides appeal review: the hearing panel may confirm, modify, or reverse and the decision is final.
Section 31 mandates universal food-protection: every person engaged in the sale of food or in manufacturing, preparation, storage, packing, or delivery for sale must protect food from contamination.
Section 31 authorizes Sanitary Inspectors or duly authorized DOH/local officers, upon presentation of proper credentials, to enter premises at all reasonable times for inspection and other necessary Code administration.

Special establishments and food bans

Section 32 prohibits establishing grocery or sari-sari stores within 25 meters from any source of contamination and requires foods requiring no further cooking to be protected from contamination in counters/showcases.
Section 32 requires bakery delivery trucks and carts to be kept clean and sanitary.
Section 32 imposes dairy controls: prohibits unhealthy/infected cows, carabaos, or goats fed unwholesome food; bars animals from grazing on land contaminated by radioactivity; bans selling unwholesome milk not previously pasteurized/sterilized.
Section 32 restricts ice plants to using only potable water and requires protective measures to protect ice from contamination in storage and transportation.
Section 32 limits ambulant food vendors to selling only bottled food drinks, biscuits, and confectionaries and prohibits selling food requiring utensils.
Section 32 regulates oysters: permits planting/growing only in areas approved by the Secretary (or authorized representative) and in duly licensed places by the Bureau of Fisheries and Aquatic Resources; requires confiscation and destruction by local health authority of oysters offered for sale that do not originate from approved areas.
Section 32 regulates fish marketing: only fresh and wholesome fish products may be sold; fish caught in radioactive zones and areas contaminated by toxic substances or high in mercury as determined by health authorities is condemned and not allowed for public consumption; prohibits selling/distribution/buying fish caught using explosives and chemicals.

Local health authority duties for food

Section 33 requires the local health authority to conduct periodic inspections to enforce adequate sanitation in food establishments and premises.
Section 33 requires the local health authority to take samples of food and drink as often as necessary to determine unwholesome, adulterated, or radioactivity-contaminated goods.
Section 33 requires prevention of sale or condemnation and destruction of food/drinks found unfit for human consumption.
Section 33 authorizes sealing and prohibition of unsanitary devices, utensils, containers, vehicles, machines, piping, and appurtenances when deemed unsanitary.
Section 33 requires the local health authority to enforce the Code’s food chapter and Secretary-promulgated rules.

Markets, abattoirs, public laundries, schools

Section 34 requires markets and abattoirs construction to conform to Department-prescribed standards guided by: suitable site preventing nuisance and contamination; ample water supply for cleaning; adequate drainage facilities; durable construction to protect vendors/customers from hazards and exposure; and sanitation maintenance facilities including cleaning and vermin-harborage elimination.
Section 35 requires local health authority actions: for markets, periodic inspections, supervision/control of proper care/use of stalls, prohibition of living quarters within markets/premises, and enforcement of bans on construction of partitions/sheds/booths within the market area; for abattoirs, sanitation supervision, enforcement of meat examination requirements under existing laws, permitting slaughter in designated areas in certain exigencies with adequate public-health protection, supervision of abattoir waste sanitary disposal, and ensuring only healthy animals are slaughtered with methods and dressing/storage/handling/transport complying with prescribed standards.
Section 36 requires local governments and private operators of markets/abattoirs to employ enough personnel for efficient operation and hygienic maintenance, with employees under direct supervision of the local health authority.
Section 37 prohibits operating a public laundry without a sanitary permit from the Secretary or duly authorized representative; defines “public laundry” as commercial-purpose laundry open to the public and not exclusive clientele.
Sections 38–39 require public laundries to: govern construction/operation by sanitary and structural requirements (distance from nuisance sources; durable materials; smooth water-tight flooring; ventilated work rooms with 10 foot-candles lighting; adequate drying facilities with contamination protection; proper storage/handling/labeling of laundry supplies and chemical containers; potable drinking water and toilet/bathing/washing facilities for employees; lockers for working garments and street clothes; continuous cleanliness); enforce special requirements for hospital/infected sources via hot-water detergents or other disinfection; isolate and monitor radioactive-contaminated linen and allow radioactive decay before laundering; require closed containers for delivery to laundry; keep laundry vehicles clean; require a separate room solely for receiving/sorting/handling unwashed articles; and require protected handling/packaging of diapers in sealed sanitary containers for delivery.
Sections 40–44 define and require school sanitation and health services:
- Section 40 defines “School”, “Special School”, “Physical Environments”, and “Emotional Environment”.
- Section 41 requires school physical environment design considering site away from nuisances and traffic hazard management without sacrificing accessibility; grounds adequate for playgrounds/fields/gardens; durable functional construction with fire-department requirements, sufficient ventilation, optimum lighting with minimum glare including minimum 25 footcandles in darkest corner using specified artificial lighting; flooring preventing slippery surfaces; and potable water plus sewage and waste disposal meeting Code requirements.
- Section 42 requires emotional environment promotion by location away from disturbances and undesirable influence; safe/attractive playgrounds and facilities for sports/games; and rest rooms for faculty respite.
- Section 43 requires health services through trained personnel and adequate facilities providing periodic physical/medical exams, periodic immunization, medical/dental treatment, treatment for common emergencies, and counseling/guidance.
- Section 44 requires special school controls: cadavers stored/dissected in morgues/dissecting rooms constructed/maintained per Department standards; secure areas for poisonous/harmful plants/animals; secure laboratory measures for viral/bacterial cultures; and compliance for radioactive materials with radiation protection requirements and guidelines from the Radiation Health Office and Philippine Atomic Energy Commission.

Industrial hygiene and worker environment protections

Section 45 prohibits operating any industrial establishment without a sanitary permit from the Secretary or authorized representative.
Section 45 requires industrial establishments to operate only in places/zones assigned by existing zoning laws/ordinances/policies, and where none exists, local health authority must determine suitability of location.
Section 45 requires adequate potable water, sewage disposal via municipal/city sewerage whenever possible, adequate and conveniently located toilet and bath facilities for each sex, and waste collection/storage/disposal to prevent hazards, nuisances, and pollution (using city/municipal collection/disposal systems where they exist).
Section 45 requires maintaining a vermin abatement program, providing adequate restrooms and mass halls, and keeping all employment places and workrooms including machinery/equipment clean and sanitary.
Section 46 requires the Secretary to issue and regularly update lists of maximum concentration of atmospheric contaminants for continuous daily exposure without impairment; specify other concentrations for short intermittent duration capable of causing acute impairment; require control of other contaminants capable of impairing health; prescribe and review illumination standards; promulgate measures to control radioactivity workers may be exposed to; and promulgate measures to reduce noise and pollution.
Section 47 imposes employer duties to provide/install/maintain control measures and protective equipment, inform employees of hazards and control methods, test hearing of employees in noisy areas, adopt noise within allowable limits, request permits for variations via equivalent protection, and provide personal protective equipment/barriers when necessary.
Section 47 imposes employee duties to strictly observe prescribed protective control measures and use equipment properly.
Sections 48–49 require environmental controls including exposure bans to hazardous atmospheric contaminants; methods approved by the Secretary or authorized representatives or other government authority; infectious agent control measures to eliminate/control transmission through processing/handling; radiation hazard controls under supervision of the Radiation Health Officer; noise reduction at the source and rendering harmless; adequate and distributed illumination with supplementary lighting when task requires; ventilation ensuring a safe healthful working atmosphere with controls reducing toxic contaminants to allowable limits, and exhaust systems arranged so discharged materials do not re-enter workplaces nor create nuisance hazards; and mandatory provision/fitting of personal protective equipment/barriers where substances/radiations/mechanical irritants can cause pathological change or injury.
Section 49 also requires respiratory protectors and accessories when necessary and requires X-ray film badges or pocket dosimeters for workers unavoidably exposed to even small amounts of radiation.
Section 50 requires medical services for employees consistent with existing laws and Department rules/regulations.

Public swimming, rest areas, camps, and other facilities

Section 51 prohibits operating public swimming and bathing places without a sanitary permit from the Secretary or authorized representative.
Section 52 requires the Department to promulgate: rules on correct sanitary practices for swimmers/bathers; procedures for personnel to maintain sanitation and cleanliness of accessories used by customers; adequate trained personnel and necessary life-saving/rescue equipment; conspicuous hazard signs; standards and criteria for structural sanitation (pools/bath houses), appurtenances (toilets/showers/dressing rooms), methods for determining sanitary quality of pool water, and criteria limiting pool operation based on water treatment type.
Section 53 requires the local health authority to inspect sanitation condition, ascertain personnel regular examination for infectious/contagious disease, enforce Department rules, and recommend permit revocation when necessary for protection of public health.
Section 54 requires rest areas, bus terminals, bus stops, and service station areas with permanent sheds/buildings/service facilities to provide sanitary facilities; ample area to prevent overcrowding; adequate ventilation and lighting and away from nuisance; safe and adequate water supply in accordance with Chapter II; excreta/sewage disposal per Chapter XVII; refuse collection/disposal per Chapter XVIII; adequate comfort rooms and auxiliary facilities per Chapter XVII; waiting sheds sized to accommodate a minimum of thirty (30) persons with smooth concrete floors and adequate sitting; and food sales conforming to Chapter III.
Section 55 prohibits opening camps and picnic grounds to public patronage without a sanitary permit from the Secretary or authorized representative and requires sites not subject to flooding, well drained, distant from nuisances, not endangering public water supply sources; adequate safe drinking water per Chapter II; adequate number of sanitary facilities; sewage disposal per Chapter XVII; food preparation/serving per Chapter III; refuse cans with tight covers at strategic points and regular collection service per Chapter XVIII; continued cleanliness free from litter; and a vermin-control program per Chapter XVI.
Sections 56–57 require dancing schools/dance halls/night clubs to operate for public patronage only with sanitary permits issued by the local health authority, keep premises clean and sanitary, and provide patrons potable water and toilet facilities; prohibit private rooms/compartments for public use except lavatories, dressing rooms, bars, and kitchens; require no dancing instructor is employed without a health certificate; and for dance halls/night clubs require no hostess/cook/bartender/waiter without a health certificate, with food/drinks storage/preparation/serving under Chapter III.
Sections 58 requires “tonsorial and beauty establishments” (including barber shops, beauty parlors, hairdressing and manicuring establishments, and figure slenderizing salons) to obtain a sanitary permit from the local health authority before operation; remain clean and sanitary; prohibit employing anyone to service customers without a health certificate; require workers to wash hands with soap and water before servicing customers, wear clean garments, not smoke or eat while working, clean and disinfect implements before and after use, supply customers with clean fresh towels/drapes/linen, and require precautions to prevent disease transmission when customers show dermatoses.
Sections 60–62 require massage clinic and sauna bath establishments to obtain a sanitary permit from the local health authority; impose detailed sanitary-room requirements (lighting/ventilation, massage table, handwashing/bath/toilet facilities, soap/clean towels/sanitized slippers, customer thorough bath before massage, handwashing before/after massaging, and maintaining establishments clean and sanitary); require sauna bath rooms with proper lighting/thermometers and cleaning; require personnel qualifications: masseur must have certificate as a registered masseur issued by the Department’s Committee on Examiners for Masseur, up-to-date health certificate, and clean working garment; massage clinic attendants must be properly registered/authorized after training course completion by a government office/school/hospital authorized and recognized by the Department, and up-to-date health certificate including VD clearance from any government clinic or hospital; and sauna bath attendants must have an up-to-date health certificate and wear clean working garments.