Law Summary
Definitions of Key Terms
- Advertising involves mass media promotions for food.
- Adulteration defines conditions rendering food harmful or unfit including contamination and unsanitary preparation.
- Authorization covers permits/licenses for food business operations across the supply chain.
- Contaminant denotes unintended substances due to environmental or production factors.
- Control measures prevent or reduce food safety hazards.
- Crisis management plans handle emergency food safety risks.
- Food encompasses all substances intended for human consumption including additives.
- Food business operators are responsible persons/entities ensuring food safety compliance.
- Food safety regulatory agencies (FSRAs) are government bodies under DA and DOH tasked with enforcement.
- Good practices include agricultural, manufacturing, and hygienic measures safeguarding food safety.
- HACCP is a science-based system to identify and control critical hazards.
- Risk analysis involves assessment, management, and communication regarding food hazards.
- Traceability requires documentation to track food movement within the supply chain.
Basic Food Safety Requirements
- Food safety determination considers normal consumption conditions, production stages, and consumer information.
- Health impact assessments include immediate, cumulative, and sensitive population effects.
- Unsafe food in a lot presumes all in that lot unsafe.
- Compliance with national standards deems food safe unless otherwise declared unsafe post-import.
General Principles
- Food law aims to protect health, ensure fair trade, and prevent misleading consumer practices.
- Science-based risk analysis underpins regulations, including risk assessment, management, and transparent communication.
- Food operators are encouraged to adopt HACCP systems.
- Consumer protection targets prevention of adulteration, misbranding, and false advertising.
- Food safety standards are set by DA and DOH based on scientific evidence, international norms, and Codex standards.
- Precautionary measures apply when scientific data is insufficient to rule out health risks.
- Transparency mandates public consultation and risk communication.
- Imported foods must come from equivalent safety systems and comply with Philippine regulations.
Responsibilities of Food Business Operators and Government Agencies
- Food business operators must ensure compliance, be knowledgeable, and act promptly to withdraw unsafe foods.
- They must cooperate with inspections and inform consumers during recalls.
- DA handles primary production and post harvest safety; DOH oversees processed and packaged foods and epidemiological monitoring.
- LGUs enforce local food safety in markets, eateries, and street vending.
- DILG coordinates enforcement and supports monitoring.
- DA agencies include specialized bureaus for various agricultural and fishery products with specified mandates.
- DOH agencies focus on processing safety, monitoring, risk communication, and laboratory support.
- DILG and LGUs manage sanitation, enforcement, and training participation.
Food Safety Regulation Coordinating Board (FSRCB)
- Created to monitor and coordinate food safety mandates across agencies.
- Resolves jurisdiction overlaps and coordinates crisis management.
- Chaired by DOH Secretary and co-chaired by DA Secretary.
- Includes representatives from regulatory agencies, local governments, and other departments.
- Tasks include policy establishment, performance evaluation, and reporting to Congress.
Crisis Management
- Establishes a rapid alert system for food-related health risks.
- Allows immediate emergency measures such as distribution suspension, import restrictions, and special conditions.
- Mandates a crisis management plan specifying high-risk situations.
Implementation of Food Safety Regulations
- Official controls verify compliance with food laws; must be adequate, documented, and possibly delegated.
- Traceability systems require food operators to track suppliers and recipients of food and inputs.
- Licensing and registration of food establishments with provisions benefitting micro, small, and medium enterprises.
- Inspections are risk-based, conducted by qualified inspectors, and include verification of HACCP and good manufacturing practices.
- Food testing laboratories must be accredited, use validated methods, and avoid conflicts of interest.
Training and Consumer Education
- Regular training for food business operators and handlers on food safety standards and practices.
- Government personnel to receive scientific training and official control skills.
- Consumer education programs developed and implemented in partnership with the Department of Education.
- Allocation of funds for training and education programs.
Food-borne Illness Monitoring, Surveillance, and Research
- Integrated monitoring system linking disease data to contamination sources.
- Identification and assessment of hazards in the food supply chain.
- Research on cost-effective technologies and good practices to assist stakeholders.
Policy on Fees
- DA, DOH, and LGUs may collect fees for inspections, certifications, laboratory tests, and similar services.
- Fees based on cost estimation and subject to government accounting and auditing rules.
Prohibitions and Penalties
- Prohibited acts include producing or distributing unsafe, banned, adulterated, misbranded foods; refusing inspections; disobeying recalls; and operating without authorization.
- Penalties range from fines (P50,000 to P500,000), suspensions, revocation of licenses, imprisonment, and other sanctions.
- Additional penalties apply for repeat offenses, injury, death, or government personnel.
- Special provisions exist for foreign nationals and corporations.
Final Provisions
- DA and DOH to issue implementing rules within 90 days of effectivity.
- Separability clause preserves unaffected provisions if parts are declared invalid.
- Repeals existing inconsistent laws and regulations.
- The Act takes effect 15 days after publication in two newspapers.
This comprehensive framework establishes a unified, science-based, and coordinated food safety regulatory system in the Philippines to protect public health and promote compliance across the food supply chain.