AN ACT TO STRENGTHEN THE FOOD SAFETY REGULATORY SYSTEM IN THE COUNTRY TO PROTECT CONSUMER HEALTH AND FACILITATE MARKET ACCESS OF LOCAL FOODS AND FOOD PRODUCTS, AND FOR OTHER PURPOSES

Fifteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT NO. 10611

AN ACT TO STRENGTHEN THE FOOD SAFETY REGULATORY SYSTEM IN THE COUNTRY TO PROTECT CONSUMER HEALTH AND FACILITATE MARKET ACCESS OF LOCAL FOODS AND FOOD PRODUCTS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines inCongress assembled:

ARTICLE I
DECLARATION OF POLICY AND OBJECTIVES

Section 1. Short Title. – This Act shall be known as the "Food Safety Act of 2013″.

Section 2. Declaration of Policy. – Section 15, Article II of the 1987 Philippine Constitution declares that the State shall protect and promote the right to health of the people and instil health consciousness among them. Furthermore, Section 9, Article XVI provides that the State shall protect consumers from trade malpractices and from substandard or hazardous products. Toward these ends, the State shall maintain a farm to fork food safety regulatory system that ensures a high level of food safety, promotes fair trade and advances the global competitiveness of Philippine foods and food products.

Section 3. Objectives. – To strengthen the food safety regulatory system in the country, the State shall adopt the following specific objectives:

ARTICLE II
DEFINITION OF TERMS

Section 4. Definition of Terms. – For purposes of this Act, the following terms shall be defined as follows:

ARTICLE III
BASIC PRINCIPLES OF FOOD SAFETY

Section 5. Food Safety Requirements. – To ensure food safety, the following general guidelines shall be observed:

ARTICLE IV
GENERAL PRINCIPLES

Section 6. Food Law Objectives. – Food law shall aim for a high level of food safety, protection of human life and health in the production and consumption of food. It shall also aim for the protection of consumer interests through fair practices in the food trade.

Section 7. Use of Science-based Risk Analysis. – The following shall guide the use of science and risk analysis in food safety regulation:

Section 8. Protection of Consumer Interests. – The protection of consumer interest shall be geared towards the following:

Section 9. Setting of Food Safety Standards. – The DA and the DOH shall set the mandatory food safety standards. The following shall guide the setting of standards:

Section 10. Precaution. – In specific circumstances when the available relevant information for use in risk assessment is insufficient to show that a certain type of food or food product does not pose a risk to consumer health, precautionary measures shall be adopted. When such precautionary measures are issued, the following rules shall govern:

Section 11. Transparency. – The implementing agencies shall conduct public consultation and disseminate relevant information to ensure the following:

Section 12. Application to Trade. – Foods imported, produced, processed and distributed for domestic and export markets shall comply with the following requirements:

ARTICLE V
RESPONSIBILITIES ON FOOD SAFETY

Section 13. Principal Responsibility of Food Business Operators. – Food business operators shall ensure that, food satisfies the requirements of food law relevant to their activities in the food supply chain and that control systems are in place to prevent, eliminate or reduce risks to consumers.

Section 14. Specific Responsibilities of Food Business Operators. – Food business operators shall have the following responsibilities under this Act:

Section 15. Principal Responsibilities of Government Agencies. – The DA, the DOH, the DILG and the LGUs shall have the following responsibilities:

Section 16. Specific Responsibilities of the Department of Agriculture. – The DA shall be responsible for the development and enforcement of food safety standards and regulations for foods in the primary production and post harvest stages of the food supply chain. It shall monitor and ensure that the relevant requirements of the law are complied with by farmers, fisherfolk and food business operators. Pursuant thereto, the DA Secretary shall ensure that the food safety regulatory mandates and functions for fresh plant, animal, fisheries and aquaculture foods of the DA agencies are clearly defined. The agencies under the DA with food safety regulatory functions are the following:

The Bureau of Agriculture and Fisheries Product Standards (BAFPS) shall develop food safety standards including those for organic agriculture. The BAFPS shall establish the mechanism for the development of science-based food safety standards for fresh plant, animal, fisheries and aquaculture foods and shall use the services of experts from the FSRA, other government agencies, academe and private sector.

The Food Development Center (FDC) of the NFA shall provide scientific support in testing, research and training.

When necessary and when funds allow, the appropriate food safety units shall be created within the above stated agencies. To strengthen these organizations, they shall be provided with the necessary personnel out of the existing manpower of the DA.

Finally, the DA shall, in coordination with other government agencies, monitor the presence of contaminants in foods of plant, animal and fishery origin and shall formulate and implement measures to address incidents of food contamination.

Section 17. The Undersecretary for Policy and Planning, Research and Development (R&D) and Regulations. – Oversight functions for the Food Safety Act shall be assigned to the Undersecretary for Policy and Planning, R&D and Regulations.

The Undersecretary for Policy and Planning, R&D and Regulations shall directly supervise the Food Development Center and the BAFPS and shall be the coordinator for Codex activities at the DA and the Codex Contact Point.

The Undersecretary for Policy and Planning, R&D and Regulations shall be provided with the necessary manpower and funds from existing resources to ensure the smooth and efficient discharge of its functions.

Section 18. Specific Responsibilities of the DOH. – The DOH shall bear the following specific responsibilities:

Section 19. Specific Responsibilities of the DILG and the LGUs. – The DILG and the LGUs shall bear the following responsibilities:

ARTICLE VI
FOOD SAFETY REGULATION COORDINATING
BOARD (FSRCB)

Section 20. Powers and Functions. – There is hereby created a Food Safety Regulation Coordinating Board, hereinafter referred to as the Board, with the following powers and functions:

Section 21. Organization. – Within thirty (30) days from the effectivity of this Act, the Secretaries of the DA, the DOH and the DILG shall organize the Board in accordance with the following rules:

Section 22. Accountability for Food Safety Regulation. – The FSRAs of the DA and the DOH, in coordination with the LGUs, shall be responsible in ensuring food safety at various stages of the food supply chain within their specified mandates.

ARTICLE VII
CRISIS MANAGEMENT

Section 23. Rapid Alert System. – A rapid alert system for the notification of a direct or indirect risk to human health due to food shall be established by the FSRCB.

Section 24. Emergency Measures. – Where it is evident that food originating from within the country or imported from another country is likely to constitute serious risk to human health, the Board, in coordination with the FSRAs of the DOH and the DA, shall immediately adopt one or more of the following measures, depending on the gravity of the situation:

Section 25. Plan for Crisis Management. – The Board, in coordination with the FSRAs and other relevant government agencies, shall prepare a general plan for the management of a threat to food safety such as radiation contamination of food, food shortage requiring coordinated action and other crisis situations which may compromise food safety. This plan shall specify the situations representing a direct or indirect risk to human health deriving from food which are not likely to be prevented, eliminated or reduced to an acceptable level.

ARTICLE VIII
IMPLEMENTATION OF FOOD SAFETY REGULATIONS

Section 26. Policies on Official Controls. – Official controls are established to verify compliance with food laws and regulations and shall be prepared by each agency. The following shall govern the exercise of official controls:

Section 27. Traceability. – Traceability shall be established for foods at relevant stages of production, post harvest handling, processing or distribution, when needed to ensure compliance with food safety requirements. The rule on traceability shall also cover production inputs such as feeds, food additives, ingredients, packaging materials and other substances expected to be incorporated into a food or food product. To ensure traceability, food business operators are required to:

Traceability in case of food-borne disease outbreak shall be established by the National Epidemiology Center (NEC) of the DOH.

Section 28. Licensing, Registration of Establishments. – Appropriate authorizations shall be developed and issued in the form of a permit, license and certificate of registration or compliance that would cover establishments, facilities engaged in production, post harvest handling, processing, packing, holding or producing food for consumption in accordance with the mandated issuances of regulatory agencies issuing such authorizations. Special derogations shall be provided due to geographical location and after an assessment of risks, especially for micro, small and medium-sized food business operators and health products.

Section 29. Inspection of Food Business Operators. – Regular inspection of food business operators shall be performed by the FSRAs or the control bodies delegated to conduct the activity. In addition, the following rules shall be followed in the conduct of inspections:

Section 30. Food Testing Laboratories. – The following shall guide the management and operation of food testing laboratories:

ARTICLE IX
TRAINING AND CONSUMER EDUCATION

Section 31. Training. – Skills training and other instructional/educational activities shall be regularly provided to food business operators, food handlers and to government personnel as follows:

The different FSRAs shall identify training needs and the appropriate training programs. Mandatory training programs shall be developed and implemented by accredited training providers.

Section 32. Consumer Education. – A consumer education program shall be developed by the DA, the DOH and the LGUs in partnership with the Department of Education, the implementation of which shall be carried out by the latter.

Section 33. Funding. – Funds shall be provided for the development and implementation of training and consumer education programs.

ARTICLE X
FOOD-BORNE ILLNESS MONITORING, SURVEILLANCE
AND RESEARCH

Section 34. Food-borne Illness Monitoring and Surveillance. – The government, in support of risk analysis, shall implement the following programs:

Section 35. Research. – The government and academe shall develop and implement a program of research on cost effective technologies and codes of practice for assisting farmers, fisherfolk, micro, small and medium scale enterprises and other stakeholders to enable them to comply with food safety regulations.

ARTICLE XI
POLICY ON FEES

Section 36. Collection of Fees. – The DA, the DOH and the LGUs, where applicable, shall be allowed to collect fees for the inspection of food products, production and processing facilities, issuance of import or export certificates, laboratory testing of food samples and other fees as may be deemed necessary.

Fees shall be based on an officially-approved procedure for estimating the cost of the activity undertaken and shall be subject to government accounting and auditing rules and regulations.

ARTICLE XII
PROHIBITIONS, PENALTIES AND SANCTIONS

Section 37. Prohibited Acts. – It shall be unlawful for any person to:

Section 38. Penalty. – Any person who shall violate any provision of this Act shall suffer the penalties provided hereunder:

If the offender does not have the appropriate authorization, the imposable fines shall be doubled.

If the offender is a government personnel, in addition to the penalty prescribed herein, said personnel shall be subjected to the appropriate civil service laws.

If the offender is a naturalized citizen, in addition to the penalty prescribed herein, the naturalization certificate and the registration in the civil registry of said citizen shall be cancelled. Immediate deportation after payment of line and service of sentence shall also be imposed.

If the offender is an alien, said alien shall be summarily deported after payment of fine and service of sentence and perpetually barred from entering the country.

Any director, officer or agent of a corporation who shall authorize, order or perform any of the acts or practices constituting in whole or in part a violation of Section 37 hereof, and who has knowledge or notice of noncompliance received by the corporation from the concerned department, shall be subjected to the penalties under this section.

In case the violation is committed by, or in the interest of a foreign juridical person duly licensed to engage in business in the Philippines, such license to engage in business in the Philippines shall immediately be revoked.

ARTICLE XIII
FINAL PROVISIONS

Section 39. Implementing Rules and Regulations. – The DA and the DOH shall jointly issue the implementing rules and regulations within ninety (90) days after the effectivity of this Act.

Section 40. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

Section 41. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 42. Effectivity. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3311 and House Bill No. 6474 was finally passed by the Senate and the House of Representatives on June 5, 2013.

Approved: AUG 23 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines