Title
Supreme Court
Sanitation rules for tonsorial and beauty shops
Law
Doh
Decision Date
Dec 15, 1997
The Implementing Rules and Regulations (IRR) of Chapter XII of Presidential Decree No. 856 (PD 856) in the Philippines outlines the regulations and requirements for tonsorial and beauty establishments, including sanitary permits, cleanliness standards, and responsibilities of operators, with penalties for violations.

Law Summary

Definitions

  • Detailed definitions covering key terms such as Barber, Beautician, Beauty Parlor, Cosmetics, Sanitary Permit, Operator, Sanitary Engineer, Tattooing, Skin Piercing, Vermin, among others.
  • Clarifies distinctions between medical and non-medical personnel and terms related to sanitation and equipment.

Sanitary Permit Requirements

  • No establishment may operate without a sanitary permit issued by the local health officer.
  • New permits are required for any construction or alteration.
  • Application and renewal processes use specified forms; fees imposed by local ordinance.
  • Permits valid until December 31 of the year issued, subject to renewal and potential suspension or revocation upon violations.
  • Permits must be conspicuously posted and records maintained by local government.

Sanitary Requirements

  • Water supply must meet Philippine National Standards, with minimum quantities and pressure standards.
  • Sewage must be properly disposed according to sanitation codes.
  • Solid waste must be segregated, stored vermin-proofed, cleaned regularly, and disposed daily.
  • Vermin control programs are mandatory, including structural protections and pest control actions.
  • Sanitary facilities like wash-hand basins and toilets must be adequate, maintained, and comply with specific design and operational standards.
  • First aid kits must be provided.

Structural Requirements

  • Floors, walls, and ceilings must be of smooth, non-toxic, easily cleanable materials and maintained in good repair.
  • Lighting must meet specified minimum foot-candle levels by area, free from glare, and adequate for safety and service quality.
  • Ventilation must be natural or mechanical with prescribed specifications to maintain comfort and safety.
  • Minimum floor area per customer and unobstructed passageways must be ensured.
  • Separate changerooms required for slenderizing salons.
  • At least two exits must be provided, with defined door widths and unobstructed egress.

Specific Sanitary Requirements for Barber Shops and Beauty Parlors

  • Operators must maintain cleanliness of premises and equipment; no pets allowed.
  • Supplies like soaps, disinfectants, towels, and nailbrushes must be adequate.
  • Employees must maintain personal hygiene, wear clean uniforms, and refrain from working when infectious.
  • Smoking is prohibited while attending customers; "No Smoking" signs must be posted.
  • Waste must be properly collected and disposed;
  • Use of separate clean towels or paper strips for each customer mandatory.
  • Prohibited practices include using certain implements likely to transmit infection and improper application of cosmetics.
  • Equipment must be disinfected before and after each use according to specified methods.
  • Special care for clients with infectious skin diseases; post-service sanitation rigorously followed.

Specific Sanitary Requirements for Tattooing and Skin Piercing Establishments

  • Medical practitioners performing these acts are exempt from some rules.
  • Adequate lavatories and water supply with proper water control mechanisms required.
  • Supplies including antibacterial agents, nailbrushes, and dry towels must be provided.
  • Premises and equipment must be maintained in clean condition with durable, impervious surfaces.
  • Waste segregation, including sharps disposal, and vermin-proof storage facilities mandatory.
  • Personnel must observe strict personal hygiene and wear clean attire.
  • Smoking and eating during service are prohibited.
  • Only sterile, disposable sharps and equipment disinfected before and after use are allowed.
  • Surfaces and used equipment must be disinfected immediately after customer service.
  • Skin disinfection procedures before starting tattooing or piercing specified.
  • Specific sterilization procedures for electrical appliances and tattooing tools outlined.
  • Tattooing inks must be drawn from collapsible tubes; specific prohibitions on substances applied to skin.

Specific Sanitary Requirements for Figure Slenderizing Salons

  • Premises and equipment must be maintained in good, clean condition.
  • Domestic animals prohibited inside establishments.
  • Trainers/instructors must maintain personal hygiene and clean uniforms.
  • Eating and smoking while working are prohibited.
  • Equipment must be disinfected daily and after each customer.

Review and Approval of Establishment Plans

  • New establishments must submit plans for approval based on sanitation standards prior to construction.
  • Lessees in multi-purpose buildings must also submit plans.
  • Sanitary permit issuance contingent on compliance with approved plans.
  • Existing establishments given one-year transition to comply.
  • New permits required prior to construction or alteration.

Personnel Requirements

  • Operators and employees must secure health certificates annually.
  • Certificates are non-transferable and must be visibly worn during work.

Evaluation of Establishments

  • Local health officers responsible for inspections at least quarterly, with additional inspections as needed.
  • Sanitation inspection fees set by local ordinance.
  • Inspections require mission orders with specific details; unauthorized inspections prohibited.
  • Inspectors must wear uniforms and carry necessary equipment.
  • Inspection results recorded, demerits assigned for non-compliance items.
  • Sanitation standards categorized by percentage ratings with color codes and posted stickers.
  • Owners notified of deficiencies with reasonable compliance periods.
  • Sanitary orders may be issued requiring corrective actions.
  • Failure to comply leads to recommendation for permit revocation.
  • Procedures for appeal, hearing, and permit suspension provided.
  • Authorized officers have right of entry for inspection.

Responsibilities of Operators

  • Renew permits annually.
  • Employ only personnel with valid health certificates.
  • Prevent ill employees from working.
  • Provide necessary supplies, first aid kits, and maintain cleanliness.
  • Report communicable diseases among staff.
  • Conduct in-house inspections and post sanitary permits and ratings.
  • Enforce no smoking policies and control entry of animals.
  • Properly manage waste and maintain facilities and egress.
  • Advise customers with skin diseases to seek medical treatment.
  • Supervise employees’ compliance with sanitary regulations.

Responsibilities of Local Health Officers

  • Conduct regular inspections and issue health certificates and permits.
  • Enforce sanitary standards and prevent use of harmful cosmetic substances.
  • Monitor compliance with sanitation requirements.

Responsibilities of Local Government

  • Pass supportive ordinances.
  • Provide resources for inspections.
  • Strengthen regulatory functions and enforce the rules.

Penal Provisions

  • Violation of rules constitutes misdemeanor punishable by imprisonment up to six months, a fine up to P1,000, or both.
  • Obstruction of authorized officers or defacement of notices similarly punishable.

Separability and Repealing Clauses

  • Invalidity of any provision does not affect the rest.
  • Inconsistent existing rules repealed or amended.

Effectivity

  • Rules take effect 15 days after publication in the official gazette or a newspaper of general circulation.

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