Administering R.A. 3720 for Food and Drug Safety

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LETTER OF INSTRUCTIONS NO. 1223: Administering R.A. 3720 for Food and Drug Safety

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Title Source: Supreme Court: Administering R.A. 3720 for Food and Drug Safety

Law: Letter Of Instructions No. 1223

Decision Date: Apr 13, 1982

The Letter of Instructions No. 1223 authorizes the Minister of Health to combat the proliferation of fake and expired foods and drugs in the Philippines, with the power to seize and condemn adulterated products and close establishments found in violation, while imposing compulsory ingredient labeling requirements.

Law Summary

Addressing the Proliferation of Substandard Products

Acknowledges the problem of fake, adulterated, misbranded, and expired foods and drugs in the market.
Recognizes the necessity of immediate measures to ensure the quality and safety of food, drugs, devices, and cosmetics.

Seizure and Condemnation of Adulterated or Misbranded Articles

Any article of food, drug, device, or cosmetic that is adulterated, counterfeit, or misbranded when introduced into domestic commerce is subject to seizure and condemnation.
Such actions will be executed upon order of the Minister of Health.

Enforcement Powers and Arrest Authority

Selected members of the Philippine Constabulary, designated by the Chief of Constabulary, are empowered to arrest individuals involved directly or indirectly in the sale, distribution, manufacture, or offering for sale of adulterated, misbranded, counterfeit, or expired products.

Labelling Requirements

All food, drug, and cosmetic products intended for domestic sale and distribution must comply with compulsory ingredient labelling requirements.
Labelling must include, but is not limited to, lot or batch numbers and expiry dates.

Closure of Establishments Violating the Law

The Minister of Health, based on the FDA Administrator's recommendation, is empowered to order the closure of food, drug, and cosmetic establishments violating R.A. 3720 and its implementing rules and regulations.

Enforcement Support by the Ministry of National Defense

The Ministry of National Defense shall ensure strict enforcement of the Minister of Health’s orders for suspension, revocation, and closure of violating establishments.
Enforcement is to be carried out through appropriate agencies under the Ministry.

Legal Proceedings and Penalties

The Minister of Justice is directed to initiate legal proceedings against persons accused of violating the provisions of the Letter of Instructions.
The Minister of Justice must ensure the maximum penalty prescribed by law is imposed on those found guilty.

Overall Objective and State Policy

The measures enforce the State’s policy to ensure a good quality supply of food, drugs, and cosmetics.
They aim to protect public health and consumer rights through robust regulatory and enforcement mechanisms.

END