Philippine Food Fortification Act Overview

Policy and declared purpose

The State protects and promotes the right to health of the people and instills health consciousness under Section 15, Article II of the Constitution.
Nutritional deficiency problems include deficiencies in energy, iron, vitamin A, iodine, thiamin and riboflavin.
Food fortification is vital where there is a demonstrated need to increase intake of an essential nutrient by one or more population groups shown through dietary, biochemical, or clinical evidence of deficiency.
Food fortification promotes optimal health and compensates for loss of nutrients due to processing and/or storage of food.
Fortification is carried out to compensate for inadequacies in the Filipino diet based on present-day needs measured using the most recent Recommended Dietary Allowances (RDA).

Key definitions established

BFAD means the Bureau of Food and Drugs of the Department of Health.
DOH means the Department of Health.
Fortification is the addition of nutrients to processed foods or food products at levels above the natural state; as an approach to control micronutrient deficiency, it adds a micronutrient deficient in the diet to a food widely consumed by specific at-risk groups.
Fortificant means a substance in chemical or natural form added to food to increase its nutrient value.
Micronutrient is an essential nutrient required by the body in very small quantities, with recommended intakes in milligrams or micrograms.
Manufacturer refers to the refinery for refined sugar or cooking oil, the miller for flour or rice, the importer for imported processed foods or food products, or the processor for other processed foods or food products.
NNC means the Governing Board of the National Nutrition Council.
Nutrient is any chemical substance needed by the body to provide heat or energy, build and repair tissues, and regulate life processes.
Nutrition Facts means information on food labels indicating the nutrient(s) and the quantity of said nutrient found or added in processed foods or food products.
Nutrition labeling is the system of describing processed foods or food products based on their selected nutrient content, printed as “Nutrition Facts.”
Processed foods or food products are foods subjected to processing such as milling, drying, concentrating, canning, or addition of ingredients that change partially or completely the physico-chemical and/or sensory characteristics of the raw material.
Recommended Dietary Allowances (RDA) means levels of nutrient intakes considered adequate to maintain health and provide reasonable levels of reserves in body tissues of nearly all healthy persons in the population.
Sangkap Pinoy Seal Program (SPSP) is a strategy that encourages manufacturers to fortify with essential nutrients at levels approved by the DOH; it authorizes use of the DOH seal after products pass defined criteria and serves as a consumer guide for selecting nutritious foods.
Unprocessed food means food that has not undergone any treatment resulting in substantial change in its original state, even if it is divided, boned, skinned, peeled, ground, cut, cleaned, trimmed, fresh-frozen, or chilled.

Coverage: scope and mandatory categories

The Philippine Food Fortification Program covers all imported or locally processed foods or food products for sale or distribution in the Philippines under Section 4.
Dietary supplements for which the DOH has already prescribed established standards through the BFAD, including specifications for nutrient composition or levels of fortification, are excluded from the coverage of the Act under Section 4.
The Program consists of (1) Voluntary Food Fortification and (2) Mandatory Food Fortification under Section 4.
Fortification requirements under Section 6 apply to staple foods and to other processed foods or food products as may later be required by the NNC.
The Act addresses fortification for products at entry in the country, at the end of manufacturing process, and/or at all points of sale or distribution for imported and other products identified later by the NNC under Section 6.

Voluntary fortification and SPSP

Under the Sangkap Pinoy Seal Program (SPSP), the Department shall encourage fortification of processed foods or food products based on rules and regulations issued by the DOH through the BFAD after the Act’s effectivity under Section 5.
Manufacturers who opt to fortify processed foods or food products but do not apply for Sangkap Pinoy Seal must fortify based on acceptable fortification standards set by the DOH through the BFAD under Section 5.
The DOH is responsible for promotional and advocacy activities on the use of fortified products through the SPSP and/or other nutrition promotion programs under Section 8.
Products approved by the SPSP are allowed to use the Sangkap Pinoy Seal under Section 8.
The DOH is authorized to charge reasonable fees for applications in the SPSP and to use those fees for promotion and advocacy activities under Section 8.

Mandatory fortification requirements

Fortification of staple foods based on standards set by the DOH through the BFAD is mandatory under Section 6.
Mandatory nutrient pairings are:
- Rice must be fortified with Iron.
- Wheat flour must be fortified with vitamin A and Iron.
- Refined sugar must be fortified with vitamin A.
- Cooking oil must be fortified with vitamin A.
The NNC shall require other processed foods or food products to be fortified based on findings of nutrition surveys under Section 6.
The requirement for other processed foods must be promulgated through regulations issued by the DOH through the BFAD and other concerned agencies under Section 6.
Manufacturers undertake fortification for mandatory fortification under Section 6, with special rules for imported products:
- For imported processed foods or food products, required fortification must be done by the producers/manufacturers of such imported products.
- Otherwise, the importer is responsible for fortifying the imported products before the products are allowed to be distributed or sold to the public under Section 6.
Implementation timing provides that mandatory fortification for wheat flour, refined sugar, cooking oil and rice, including those milled and/or distributed by the National Food Authority, commences after four (4) years from the Act’s effectivity under Section 6.
DOH guidelines on micronutrient fortification under Administrative Order No. 4-A series of 1995, and other necessary DOH guidelines, serve as the basis for adding micronutrient(s) to avoid over- or under-fortification and to avoid misleading label claims for competitive marketing advantage under Section 6.
Manufacturers must include on the label a statement of “nutrition facts” indicating the nutrient(s) and quantities added under Section 6.
Imported rice, wheat flour, refined sugar, cooking oil and other processed foods or food products identified later by the NNC must comply with the Act’s requirements on entry in the country, at the end of manufacturing process, and/or at all points of sale or distribution under Section 6.

Quality assurance, monitoring, and reporting

Agencies charged with implementing the Act shall establish a quality assurance system under Section 7.
Manufacturers and importers must establish their own quality assurance system in accordance with the implementing agencies’ system under Section 7.
The DOH through the BFAD is the lead agency responsible for implementation and monitoring under Section 8.
The NNC serves as an advisory board on food fortification under Section 8.
The DOH shall conduct promotional and advocacy activities on fortified products through the SPSP and/or other programs under Section 8.
The NNC shall conduct a periodic review of micronutrients added to food under Section 8.
The periodic review must be done at least every five (5) years to coincide with FNRI national nutrition surveys and/or the assessment of the Philippine Plan of Action for Nutrition (PPAN) under Section 8.
Local government units shall assist in monitoring/checking that mandated foods are properly fortified and labeled with “nutrition facts” indicating the specific micronutrient fortified under Section 8.
Local food industries shall report on production, marketing, and distribution of fortified foods and submit annual reports to the DOH, including industrial concerns and recommendations under Section 8.

Administrative support programs

The Department of Trade and Industry (DTI) must assist and support affected manufacturers to upgrade technologies by helping them obtain soft loans and financial assistance for procurement of technologies and machines to comply with the Act under Section 9.
The Department of Science and Technology (DOST) shall develop and implement comprehensive programs for acquiring, designing, and manufacturing machines and technologies and transferring them to manufacturers under Section 9.
The Land Bank of the Philippines (LBP) and the Livelihood Corporation (LIVECOR) must assist and support implementation by granting loans to affected manufacturers at preferential rates under Section 9.
Accredited analytical laboratories for nutrient analysis and other technology development generators shall provide necessary services required by the food industry for compliance under Section 9.

Noncompliance triggers and administrative sanctions

Noncompliance includes fortification levels that do not comply with DOH requirements, except when the deviation is justified and properly declared in labeling under Section 10.
Noncompliance includes using a fortificant different from that approved by the DOH under Section 10.
Noncompliance includes a fortification process that does not conform to DOH standards under Section 10.
The DOH through the BFAD, after notice and hearing, shall impose administrative sanctions for noncompliance under Section 11.
Administrative sanctions include:
- Denial of registration of the processed foods or food products by the DOH through the BFAD if they do not comply with fortification requirements; noncompliant products shall not be allowed to be put in the market under Section 11.
- Order the recall of processed food(s) or food product(s) under Section 11.
- Fines and registration suspension/cancellation by violation stage under Section 11, as follows:
  - First violation: fine of not less than PHP 300,000 and suspension of registration.
  - Second violation: not more than PHP 600,000 and suspension of registration.
  - Third violation: not more than PHP 1,000,000 and cancellation of the product’s registration.
Sanctions apply for violations of the Act or its Implementing Rules and Regulations (IRR) under Section 11.

Implementing rules, treaty clause, repeal, and severability

The DOH through the BFAD, in consultation with other concerned government agencies, nongovernment organizations, private sector, and consumer groups involved in nutrition, shall formulate the IRR within ninety (90) days from the Act’s approval under Section 12.
The IRR shall take effect thirty (30) days after publication in a national newspaper of general application under Section 12.
Nothing in the Act is intended to violate provisions of treaties and international agreements to which the Philippines is a party under Section 13.
All laws, decrees, rules and regulations, and executive orders inconsistent with the Act are repealed or modified accordingly under Section 14.
If any provision is declared unconstitutional or unlawful, the remaining provisions remain legal and in full effect under Section 15.