Law Summary
Declaration of Policies
- Grounded in the constitutional right to health and health consciousness.
- Recognizes prevalent nutritional deficiencies in the Philippines (energy, iron, vitamin A, iodine, thiamin, riboflavin).
- Endorses food fortification as a vital public health strategy to compensate dietary inadequacies based on Recommended Dietary Allowance (RDA).
Definitions of Key Terms
- Defines terms such as fortification, fortificant, micronutrient, staple food, acceptable standards, manufacturers, importers, repackers, and nutritional labeling.
- Clarifies responsibilities and scope of actors involved (e.g., manufacturers, importers, tollers).
- Establishes the Sangkap Pinoy Seal Program as a voluntary fortification incentive.
Scope of the Philippine Food Fortification Program
- Covers all imported or locally processed foods for human consumption, excluding certain exceptions.
- Two systems: voluntary fortification and mandatory fortification for specified staple foods.
- Applies to manufacturers, importers, traders, repackers, retailers, and food service establishments.
- Licensing and registration mandated prior to distribution.
Voluntary Food Fortification
- Encouraged under the Sangkap Pinoy Seal Program (SPSP).
- Manufacturers opting not to register must comply with DOH fortification standards.
- Fortification should follow DOH guidelines to avoid under or overfortification.
Mandatory Food Fortification
- Staple foods subject to mandatory fortification: rice (with iron), wheat flour (with vitamin A and iron), refined sugar (with vitamin A), cooking oil (with vitamin A).
- Setting of minimum acceptable and maximum tolerable fortification levels by the DOH through BFAD in consultation with industry and regulatory bodies.
- Responsibilities:
- Manufacturers/tollees for local processing.
- Manufacturers for imported products; importers responsible if not fortified at source.
- Repackers to only repack fortified products.
- Labeling of fortified foods must include fortificant and quantity.
Quality Assurance
- Establishment of a government-led quality assurance system.
- Manufacturers and importers must maintain compatible quality assurance protocols.
- General Quality Assurance System Guide annexed.
Implementation, Monitoring, and Review
- DOH through BFAD is lead implementing and monitoring agency.
- Promotion via SPSP including collection of fees for activities and registration.
- NNC serves as advisory body conducting periodic reviews using national nutrition surveys.
- Collaboration with other agencies (SRA, NFA, PCA, Bureau of Customs).
- Local Government Units participate in monitoring fortified food in markets and establishments.
- Mandatory reporting by industry on production and marketing.
- Customs to notify DOH about imports of staple foods for fortification verification.
Support to Affected Manufacturers
- Support from Department of Trade and Industry, Department of Science and Technology, Land Bank, and Livelihood Corporation.
- Provision of financial assistance, incentives, technology transfer, and access to government analytical laboratories.
- Tax incentives available for early fortification adopters.
- Agencies to allocate budget portions for program support.
Non-Compliance and Exceptions
- Non-compliance includes deviations from required fortification levels, use of unapproved fortificants, and failure to follow quality assurance.
- Exceptions allowed for dietary supplements and export or processing products subject to BFAD approval.
Administrative Sanctions
- Sanctions after due notice and hearing include:
- Denial or suspension of product registration.
- Product recall orders.
- Graduated fines starting at 300,000 PHP to 1,000,000 PHP for repeated violations.
- Joint liability of responsible persons and juridical entities.
- Maximum penalties for willful deceit include revocation of licenses.
- Appeal process involves an adjudication board comprising BFAD, DILG, DTI, relevant regulatory agencies, and industry representatives.
International Commitments
- The Act does not intend to violate existing treaties or international agreements of the Philippines.
Repealing Clause
- Repeals inconsistent DOH/BFAD administrative orders or rulings on food fortification.
Separability Clause
- Invalidity of any provision does not affect the remainder of the Rules.
Amendments
- Amendments to the IRR require consultative meetings among involved agencies as per Section 12 of RA 8976.
Effectivity
- Voluntary fortification provisions effective 30 days after publication.
- Mandatory fortification effective four years after RA effectivity date (November 7, 2004).
This comprehensive framework governs the fortification of staple foods to address nutritional deficiencies, involving multi-agency cooperation, quality assurance, monitoring, sanctions, and support mechanisms.