Law Summary
Declaration of Policies
- Protect and promote the right to health as per the Constitution.
- Recognizes prevalent nutritional deficiencies in the Filipino diet including energy, iron, vitamin A, iodine, thiamin, riboflavin with minor deficiencies in ascorbic acid, calcium, and folate.
- Food fortification is vital to increase intake of essential nutrients identified as deficient through dietary, biochemical, or clinical evidence.
- Fortification compensates for nutrient loss due to food processing and storage.
- Fortification standards based on the latest Recommended Dietary Allowances (RDA) to address current dietary inadequacies.
Definition of Terms
- BFAD: Bureau of Food and Drugs of the Department of Health.
- DOH: Department of Health.
- Fortification: Addition of nutrients to processed foods beyond natural levels.
- Fortificant: Substance added to food to enhance nutrient value.
- Micronutrient: Essential nutrients required in small quantities (milligrams or micrograms).
- Manufacturer: Entities involved in refining, milling, processing or importing foods.
- NNC: National Nutrition Council governing board.
- Nutrient: Chemical substances necessary for energy, tissue building, or regulation of body processes.
- Nutrition Facts and Labeling: Information on nutrient content printed on product labels.
- Processed Foods: Foods altered from their raw state by various methods.
- Recommended Dietary Allowances (RDA): Nutrient intake levels adequate for health.
- Sangkap Pinoy Seal Program (SPSP): A program encouraging voluntary fortification with a DOH acceptance seal.
- Unprocessed Food: Foods minimally altered without substantial changes.
Philippine Food Fortification Program
- Covers all imported or locally processed foods for sale or distribution, excluding dietary supplements with established standards.
- Comprises Voluntary and Mandatory Food Fortification components.
Voluntary Food Fortification
- Supported under the Sangkap Pinoy Seal Program (SPSP).
- DOH issues rules and regulations for voluntary fortification.
- Manufacturers fortifying without SPSP application must comply with DOH/BFAD fortification standards.
Mandatory Food Fortification
- Mandatory fortification for certain staples with specific nutrients:
- Rice with Iron
- Wheat flour with Vitamin A and Iron
- Refined sugar with Vitamin A
- Cooking oil with Vitamin A
- Additional staple foods may be mandated by the NNC.
- NNC to require fortification of other processed foods based on nutrition surveys.
- Regulations issued by DOH/BFAD and other agencies enforce these requirements.
- Manufacturers and importers responsible for fortification; importers must fortify imported goods if producers do not.
- Implementation for wheat flour, refined sugar, cooking oil, and rice starts four years after the Act's effectivity.
- Labelling must declare nutrient content added.
- Imported fortified foods must comply upon entry and at points of sale.
Quality Assurance
- Implementing agencies establish quality assurance systems.
- Manufacturers and importers must align their quality assurance with agency systems.
Implementation, Monitoring, and Review
- DOH through BFAD leads implementation and monitoring.
- NNC acts as advisory board on food fortification.
- DOH promotes fortified foods through SPSP and other advocacy programs.
- SPSP-approved products may display the Sangkap Pinoy Seal.
- DOH authorized to charge reasonable fees for SPSP applications.
- NNC reviews micronutrient fortification at least every five years, aligning with national nutrition surveys and PPAN assessments.
- Local government units assist in monitoring fortification compliance and labeling.
- Local food industries submit annual reports to DOH on fortified food production and marketing.
Support to Affected Manufacturers
- Department of Trade and Industry (DTI): Supports technology upgrading and financial assistance.
- Department of Science and Technology (DOST): Develops and transfers technologies and machinery.
- Land Bank of the Philippines (LBP) and Livelihood Corporation (LIVECOR): Provide loans at preferential rates.
- Accredited analytical laboratories and technology providers offer necessary services to industry.
Noncompliance with Fortification Process
- Considered noncompliance if:
- Fortification levels do not meet DOH standards without justified deviation declared on labels.
- Use of unapproved fortificants.
- Fortification process does not comply with DOH standards.
Administrative Sanctions
- BFAD may impose sanctions after notice and hearing including:
- Denial of product registration if non-compliant.
- Product recall orders.
- Fines and registration suspensions escalating with repeated violations:
- First violation: minimum P300,000 fine and suspension.
- Second violation: up to P600,000 fine and suspension.
- Third violation: up to P1,000,000 fine and registration cancellation.
Implementing Rules and Regulations
- DOH through BFAD, in consultation with stakeholders, to formulate IRR within 90 days of Act approval.
- IRR to take effect 30 days after publication in a national newspaper.
International Commitments
- The Act does not intend to violate any international treaties or agreements to which the Philippines is a party.
Repealing Clause
- Inconsistent laws, decrees, rules, and regulations are repealed or modified accordingly.
Separability Clause
- If any provision is declared unconstitutional, the remaining provisions continue in full force and effect.
Effectivity
- The Act takes effect upon approval.