Legal basis under Republic Act 8976
- Republic Act No. 8976 establishes the mandatory fortification framework for specified staples.
- Section 6(a) and 6(b) of Republic Act No. 8976 is treated as the legal basis for mandatory fortification requirements for the covered staples.
- Section 11 of Republic Act No. 8976 provides a further statutory basis governing implementation of the fortification scheme.
- The exemption pathway is tied to the Implementing Rules and Regulations for Republic Act No. 8976, specifically Rule X, Section 2.
Policy objective and compliance directive
- The circular requires strict compliance and implementation of mandatory fortification for staples used by the food industry.
- The circular targets full compliance by requiring that fortification compliance be achieved by 07 November 2004.
- The circular directs food processors to use fortified forms of specified staples for food registration purposes once the compliance date arrives.
Coverage: staple foods and ingredient use
- The circular covers staple foods consisting of rice, sugar, flour, and cooking oil.
- Mandatory fortification targets:
- cooking oil and sugar fortified with vitamin A;
- flour fortified with iron and vitamin A; and
- rice fortified with iron.
- The circular applies to processed foods for registration that contain the specified staple ingredients.
Fortified-form requirement for food registration
- Food processors must ensure that processed foods for registration that contain rice, sugar, flour, and cooking oil use the fortified form mandated for those staples.
- The fortified-form requirement is required beginning 07 November 2004.
- All processed food registration entries using the covered staple ingredients must comply with the fortification scheme under Republic Act No. 8976 for those ingredients.
Exemption for non-use of fortified staples
- The industry may seek an exemption from using the fortified staple ingredients if exemption is requested under the fortification exemption rules.
- Exemption requests must be supported by science-based documentation showing why the product should be exempted from using the staple fortified ingredients.
- The exemption submission must follow the Implementing Rules and Regulations for Republic Act No. 8976, specifically Rule X, Section 2.
- Exemptions are framed as a process for exemption from using the mandated fortified staple ingredients in the covered circumstances.