Law Summary
Declaration of Policies
- State obligation to protect and promote public health based on Article II, Section 15 of the 1987 Constitution.
- Recognition of various nutritional deficiencies in the Filipino population: energy, iron, vitamin A, iodine, thiamin, riboflavin, with minor deficiencies in ascorbic acid, calcium, and folate.
- Importance of food fortification to increase essential nutrient intake in at-risk groups, based on dietary, biochemical, or clinical evidence.
- Food fortification compensates for nutrient loss due to processing or storage and addresses dietary inadequacies per latest Recommended Dietary Allowances (RDA).
Definitions of Key Terms
- BFAD: Bureau of Food and Drugs, Department of Health.
- DOH: Department of Health.
- Fortification: Addition of nutrients above natural levels to processed foods to control micronutrient deficiencies.
- Fortificant: Substance (chemical or natural) added to increase nutrient value.
- Micronutrient: Nutrients needed in small amounts (milligrams or micrograms).
- Manufacturer: Refiner of sugar or oil, miller of flour or rice, importer or processor of food products.
- NNC: Governing Board of the National Nutrition Council.
- Nutrient: Chemical substances needed for energy, tissue repair, or life regulation.
- Nutrition Facts: Label information on the nutrient content of processed foods.
- Nutrition labeling: System providing accurate nutritional info on processed foods.
- Processed foods or food products: Foods subjected to processing altering characteristics from raw materials.
- RDA: Recommended Dietary Allowances to maintain health and nutrient reserves.
- Sangkap Pinoy Seal Program (SPSP): Program encouraging voluntary fortification with DOH seal of acceptance for nutrient-fortified processed foods.
- Unprocessed food: Food not substantially altered from its natural state despite actions like cutting or chilling.
Scope of the Philippine Food Fortification Program
- Covers all locally processed or imported foods/products sold or distributed in the Philippines.
- Excludes dietary supplements with existing DOH/ BFAD standards.
- Program consists of voluntary fortification and mandatory fortification components.
Voluntary Food Fortification
- Implemented through the Sangkap Pinoy Seal Program (SPSP) encouraging fortification under DOH/BFAD rules.
- Manufacturers fortifying without SPSP application must follow DOH/BFAD standards.
Mandatory Food Fortification
- Compulsory fortification of staple foods with specific nutrients according to DOH/BFAD standards:
- Rice with Iron
- Wheat flour with Vitamin A and Iron
- Refined sugar with Vitamin A
- Cooking oil with Vitamin A
- Other staples as may be mandated by NNC
- NNC empowered to require fortification of other products per nutrition survey findings, enforced through DOH/BFAD regulations.
- Manufacturers responsible for fortification; importers responsible for fortifying imported products before distribution.
- Four-year grace period before mandatory fortification of wheat flour, sugar, oil, and rice after act's effectivity.
- DOH guidelines prevent over or under fortification and misleading labeling.
- Labels must include "Nutrition Facts" disclosing added nutrient types and quantities.
- Imported staple foods must comply with fortification requirements upon entry and distribution.
Quality Assurance
- Implementing agencies and manufacturers/importers must establish quality assurance systems aligned with government standards.
Implementation, Monitoring and Review
- DOH through BFAD leads implementation and monitoring.
- NNC acts as advisory board on fortification policies.
- DOH responsible for promotional and advocacy efforts, particularly through SPSP.
- SPSP-approved products may bear the Sangkap Pinoy Seal.
- DOH authorized to charge application fees for SPSP, using funds for nutrition promotion.
- NNC to conduct periodic (minimum every five years) review of micronutrient fortification necessity based on national nutrition surveys and PPAN assessments.
- Local government units support monitoring compliance of mandated fortification and labeling.
- Local food industry to report production, marketing, and distribution, submitting annual reports with suggestions.
Support for Affected Manufacturers
- DTI obligated to assist manufacturers in technology upgrading and finance.
- DOST tasked with developing and transferring fortification technology.
- Land Bank of the Philippines and Livelihood Corporation to provide preferential loans to affected manufacturers.
- Accredited laboratories to support nutrient analysis and technology development needs.
Noncompliance with Fortification Process
- Considered noncompliance if:
- Fortification levels deviate from DOH requirements without justification or proper labeling.
- Fortificant differs from DOH-approved substances.
- Fortification does not conform to DOH standards.
Administrative Sanctions for Noncompliance
- BFAD/DOH, after notice and hearing, may impose:
- Denial of registration for noncompliant processed foods.
- Recall orders of noncompliant products.
- Fines and registration suspensions escalating with repeated violations:
- First violation: Fine not less than P300,000 and suspension.
- Second violation: Fine up to P600,000 and suspension.
- Third violation: Fine up to P1,000,000 and cancellation of registration.
Implementing Rules and Regulations
- DOH through BFAD to issue IRR within 90 days of the Act’s approval.
- IRRs take effect 30 days after publication in major national newspapers.
International Commitments
- The Act does not override or violate existing Philippine treaties or international agreements.
Repealing Clause
- Conflicting laws, rules, decrees, orders inconsistent with the Act are repealed or modified accordingly.
Separability Clause
- If any provision is declared unconstitutional or unlawful, remaining provisions remain valid and effective.
Effectivity
- The Act takes effect immediately upon approval.