REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

House Bill No 6902

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Filipinos are entitled to receive food and other consumer products that are safe. Unsafe food
transportation practices endanger the general public by the usage of motor and rail vehicles used in
the transportation of various hazardous substances in transporting food and other consumer products
as well. The risks posed to consumers by such transportation practices are unnecessary and therefore
such practices shall be terminated.

While R.A. 3720 has laid the fundamental legal framework to ensure safe and quality access
to food and other consumer products, it lacks the capability of properly regulating the way these food
products are transported.

Moreover, itis irresponsible to rely primarily upon voluntary compliance methods, which due
to the laxity of laws, has not resulted in an acceptable level of safe food transportation practices. It is
time then to enact laws for the improvement of existing legislation in order to bring about greater
safety for the general population.

Under this Act, the Secretary of Transportation, in consultation with the relevant government
agencies shall issue standards and regulations with respect to the transportation of food, food
additives, drugs, devices, and cosmetics to ensure that the transportation of such items are safe to the
health of humans and animals.

In view of the foregoing, approval of this measure is eamestly sought.


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

House Bitt No, 8902

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
TO PROHIBIT CERTAIN FOOD TRANSPORTATION PRACTICES AND TO PROVIDE
FOR REGULATION BY THE SECRETARY OF TRANSPORTATION THAT WILL
SAFEGUARD FOOD AND CERTAIN OTHER PRODUCTS FROM CONTAMINATION
DURING MOTOR OR RAIL TRANSPORTATION, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act can be cited as the “Sanitary Food Transportation Act.”

SEC. 2. Declaration of Policy. — \t is hereby declared the policy of the State to prohibit unsafe
food transportation practices by mandating the Secretary of Transportation, in consultation of relevant
government agencies, to issue regulations with respect to the transportation of food, food additives,
drugs, devices, and cosmetics in motor vehicles and rail vehicles which are used to transport either refuse
or other nonfood products which, when so transported, would make the food, food additives, drugs,
devices, or cosmetics unsafe to the health of humans or animals.

SEC. 3. Definition of Terms. — As used in this Act:

1) Food, food additives, drugs, devices, or cosmetics have the meaning given to them
by the section 10 of the Food, Drug, and Cosmetic Act (R.A. 3720)

2) Non-food product means any material, substance, or product (including refuse and
solid waste, as such term is defined in section 3 of the Ecological Solid Waste Management Act
of 2000 (R.A. 9003) which is not a food, food additive, drug, device, or cosmetic. Such term
includes any class of such materials, substances, or products.

3) Refuse means any discarded material to be transported to or disposed of in a landfill or
incinerator, or required by law to be transported to or disposed of in a landfill or incinerator.

4) Secretary means the Secretary of Transportation.


5) Transports or Transportation means any movement of property in commerce
(including intrastate commerce) by motor vehicle or rail vehicle.

6) National Register means the Office of the National Administrative Register
SEC. 4. Regulations. —

a) In general

30
3
32

33

35

37

1) Responsibility of the Secretary — In accordance with this Act, the Secretary, in
consultation with the Secretary of Agriculture, the Secretary of Health, and the
Director General of the Food and Drug Administration, shall issue regulations,
pursuant to a rulemaking proceeding, with respect to the transportation of food,
food additives, drugs, devices, and cosmetics in motor vehicles and rail vehicles
which are used to transport either refuse or other nonfood products which, when
so transported, would make such food, food additives, drugs, devices, or
cosmetics unsafe to the health of humans or animals.

2) Treatment as Non-Food Products — Ifa drug, device, or cosmetic is transported
in a motor or rail vehicle at the same time or before a food or food additive is
transported in such vehicle, the Secretary shall treat such drug, device, or cosmetic
as a nonfood product if such transportation would make such food or food additive
unsafe to the health of humans or animals.

b) Special requirements In issuing regulations under subsection (a)(1), the Secretary,
in consultation with the Secretary of Agriculture, the Secretary of Health, and the Director
General of the Food and Drug Administration, shall establish standards, requirements, and other
provisions relating to—

1) appropriate recordkeeping, identification, marking, certification, or other
means of verification required to promote compliance with the requirements of
sections 5, 6, and 7;

2) appropriate decontamination, removal, disposal, and isolation standards with
respect to regulations implementing sections 5 and 6; and

3) appropriate materials for construction of tank trucks, rail tank cars, cargo
tanks, and accessory equipment to comply with regulations implementing section
5.


) Considerations — In issuing regulations under subsection (a1), the Secretary, in
consultation with the Secretary of Agriculture, the Secretary of Health, and the Director General
of the Food and Drug Administration, shall consider cach of the following and may establish
standards, requirements, or other provisions relating to any or all of the following:

1) The extent to which packaging or similar means of protecting and isolating
commodities are adequate to ameliorate or eliminate the potential risks of
transporting food, food additives, drugs, devices, or cosmetics in motor vehicles
or rail vehicles used to transport nonfood products. If packaging standards are
found to be adequate by the Secretary, regulations issued under subsection (a)(1)
shall not apply to food, food additives, drugs, devices, or cosmetics or nonfood
products which are packaged in packages which meet such standards.

2) Appropriate compliance and enforcement measures for carrying out this Act.

3) Appropriate minimum insurance or other liability requirements for any person
covered by this Act.

d) Deadlines — The rulemaking proceeding referred to in subsection (a)(1) shall be
initiated within 30 days after the date of enactment of this Act. The regulations referred to
in subsection (a)(1) shall be issued within 270 days after such date of enactment.

SEC. 5. Tank trucks, rail tank cars, and cargo tanks. —

a) Prohibition - Ata minimum, the regulations issued under section 4(a)(1) shall prohibit
any person from using, offering for use, or arranging for the use of a tank truck, rail tank car, or
cargo tank used in motor vehicle transportation or rail transportation of food, food additives,
drugs, devices, or cosmetics, if such tank truck, rail tank car, or cargo tank is used to transport a
nonfood product (other than any nonfood product which is included on a fist published under
subsection (b)).

b) List of Acceptable Non-Food Products — The Secretary, in consultation with the
Secretary of Agriculture, the Secretary of Health, and the Director General of the Food and Drug
‘Administration, shall publish in the National Register a list of nonfood products which the
Secretary has determined do not make food, food additives, drugs, devices, or cosmetics unsafe
to the health of humans or animals as a result of transportation in a tank truck, rail tank car, or
cargo tank which is used to transport food, food additives, drugs, devices, or cosmetics. The
Secretary may periodically amend such list by publication in the National Register.

) Identification — The regulations issued under section 4(a)(1) shall, at a minimum,
provide that—


Auaune

1) no person shall use, offer for use, or arrange for the use of a tank truck or a cargo
tank to provide motor vehicle transportation of only food, food additives, drugs,
devices, or cosmetics or nonfood products which are included on the list published
under subsection (b) unless such tank truck or cargo tank is identified, by a
permanent marking on such tank truck or cargo tank, as transporting such food,
food additives, drugs, devices, or cosmetics or nonfood products;

2) no person shall use, offer for use, or arrange for the use of a tank truck or a cargo
tank to provide motor vehicle transportation of a nonfood product which is not
included on the list published under subsection (b) if such tank truck or cargo tank
is identified pursuant to paragraph (1) as a tank truck or cargo tank transporting
only food, food additives, drugs, devices, or cosmetics and nonfood products
included on such a list; and

3) no person shall receive, except for lawful disposal purposes, any food, food
additive, drug, device, or cosmetic or nonfood product which has been transported
in a tank truck or cargo tank in violation of paragraph (1) or (2).

d) Disclosure — Any person who arranges for the use of a tank truck or a cargo tank used
in motor vehicle transportation for the transportation of a food, food additive, drug, device, or
cosmetic or nonfood product shall in making such arrangement disclose to the motor carrier or
other appropriate person if the food, food additive, drug, device, or cosmetic or nonfood product
being transported is to be used—

1) as, or in the preparation of, a food or food additive, or

2) as a nonfood product which is included in the list published under subsection
(b).

SEC. 6. Motor and Rail Transportation of Non-Food Products. —

a) Prohibition — At a minimum, the regulations issued under section 4(a)(1) shall prohibit
any person from using, offering for use, or arranging for the use of a motor vehicle or a rail
vehicle, other than a tank truck, rail tank car, or cargo tank described in section 5, to provide
transportation of food, food additives, drugs, devices, or cosmetics, if such vehicle is used to
transport nonfood products included on a list published under subsection (b).

b) List of Unacceptable Food Products —

1) Publication - The Secretary, in consultation with the Secretary of Agriculture,
the Secretary of Health and Human Services, and Director General of the Food and
Drug Administration, shall publish in the National Register a list of nonfood
products which the Secretary has determined would make food, food additives,


drugs, devices, or cosmetics unsafe to the health of humans or animals as a result
of transportation in a motor vehicle or rail vehicle which is used to transport food,
food additives, drugs, devices, or cosmetics. The Secretary may periodically
amend the list by publication in the National Register.

2) The list published under paragraph (1) shall not include cardboard, pallets,
beverage containers, and other food packaging except to the extent the Secretary
determines that the transportation of cardboard, pallets, beverage containers, or
other food packaging in a motor vehicle or rail vehicle which is used to transport
food, food additives, drugs, devices, or cosmetics would make the food, food
additives, drugs, devices, or cosmetics unsafe to the health of humans or animals.

SEC. 7. Dedicated Vehicles. — At a minimum, the regulations issued under section 4(a)(1) shall
prohibit any person from using, offering for use, or arranging for the use of a motor vehicle or rail vehicle
to provide transportation of asbestos, in forms or quantities determined by the Secretary to be necessary,
or of products which present an extreme danger to human or animal health, despite any decontamination,
removal, disposal, packaging, or other isolation procedures, unless such motor vehicle or rail vehicle is
used only to provide transportation of one or more of the following: asbestos, such extremely dangerous
products, refuse. The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Health,
and the Director General of the Food and Drug Administration, shall publish in the National Register a
list of the products covered by this section. The Secretary may periodically amend such list by publication
in the National Register.

SEC. 8. Waiver Authority. —The Secretary, in consultation with the Secretary of Agriculture, the
Secretary of Health, and the Director General of Food and Drug Administration, may waive, in whole or
in part, application of any provision of this Act or any regulations issued under this Act with respect to
any class of persons, class of motor vehicles, class of rail vehicles, class of food, food additives, drugs,
devices, or cosmetics, class of refuse, or class of nonfood products, if the Secretary determines that such
waiver would not result in transportation of food, food additives, drugs, devices, or cosmetics that would
be unsafe to human or animal health and otherwise is not contrary to the public interest and this Act. Any
waiver under this section shall be published in the National Register, together with the reasons for such

waiver.

SEC. 9. Food Transportation Inspections.

a) Inspection Authority — With respect to commercial motor vehicles, the Secretary may
carry out the requirements of this Act and assist in carrying out compatible laws and regulations,
including that of local governments through means that include inspections conducted by
government authorities to carry out the provisions of this Act.

b) Assistance of other agencies — Upon request by the Secretary, the Secretary of
Agriculture, the Secretary of Health, and the Director General of the Food and Drug
‘Administration, and the heads of other appropriate government agencies shall provide assistance,


to the extent such assistance is available, to the Secretary for the purpose of carrying out this Act,
including assistance in the training of personnel under a program established under subsection
©).

) Training Program — The Secretary, in consultation with the Secretary of Agriculture,
the Secretary of Health, the Director General of Food and Drug Administration, and the heads of
appropriate government agencies, shall develop and carry out a training program for inspectors
to conduct Vigorous enforcement of this Act and regulations issued under this Act or compatible
laws and regulations. As part of such training program, the inspectors, including local government
inspectors or personnel, shall be trained in the recognition of adulteration problems associated
with the transportation of food, food additives, drugs, devices, and cosmetics and in the
procedures for securing the assistance of the appropriate Federal and State agencies to support
such enforcement.

SEC. 10. Penalties. —

a) Violations, Penalties - Civil and criminal violations of regulations or orders issued
under this Act shall be determined, and civil and criminal penalties for such violations shall be
imposed, in the same manner and to the same extent that violations are determined and penalties
are imposed under section 38 of the Food Safety Act of 2013 (R.A. 10611)

SEC. 11. Coordination Procedures. — Not later than 1 year after the date of enactment of this

Act, the Secretary, after consultation with appropriate local government authorities, shall establish
procedures to promote effective more effective coordination between the government agencies and the
local government units with respect to the implementation of this Act.

SEC. 12. Unsatisfactory Safety Ratings. —

a) Prohibition on Transportation — If a motor carrier receives a safety rating from the
‘Secretary which is unsatisfactory, such motor carrier shall have 45 days to take such action as
may be necessary to improve such safety rating to conditional or satisfactory. After the last day
of such 45-day period, if such motor carrier has not received a safety rating from the Secretary
which is conditional or satisfactory, such motor carrier shall not operate a commercial motor
vehicle until such motor carrier has received such a safety rating from the Secretary.

b) Review of Rating- If a motor carrier who has received an unsatisfactory safety rating
from the Secretary requests the Secretary to review the conditions and other factors which resulted

in such motor carrier receiving the unsatisfactory safety rating, the Secretary shal] conduct such
review within 30 days after the date of such request.

c) Procedures to Ensure Timely Correction of Safety Violations—


1) Issuance of Final Rule ~ The Secretary shall, within 6 months after the date of
enactment of this Act, issue a final rule establishing procedures to ensure the
proper and timely correction of commercial motor vehicle safety violations noted
during inspections.

2) Verification Program — Such final rule shall establish a verification program for
inspectors participating in the motor carrier safety program to ensure that
commercial motor vehicles and operators thereof found in violation of safety
requirements have subsequently been brought into compliance with such safety
requirements. The final rule shall, among other things, institute—

A) a nationwide system for random reinspection of the commercial motor
vehicles and operators thereof that have been declared out-of-service as a
result of such safety violations, the main purpose of which system shall be
to verify that the violations have been corrected on a timely basis;

B) a program of accountability for correcting all safety violations, which
shall provide that—

i) the operator of a commercial motor vehicle for which a safety
violation has been noted shall be issued a form prescribed by the
Secretary;

ii) the making of the repairs necessary to correct such violation and
the date, location, and time of such repairs shall be certified on such
form by the person making such repairs;

iii) the motor carrier responsible for such commercial motor vehicle
or operator shall certify on such form that, based on the knowledge
of the carrier, the repairs necessary to correct such violation have
been made; and

iv) appropriate penalties shall be assessed for false statements on
such forms or for failure to return such forms to the appropriate
authorities; and

C) a system for ensuring that appropriate penalties are assessed for failure
to correct any such safety violation.

SEC. 13. Implementing Rules and Regulations. ‘The DOTr shall promulgate the rules and
regulations necessary for the successful implementation the provisions of this Act.


wCwrudanEaun—

SEC. 13. Separability Clause. — If any provision, section or part of this Act shall be declared
unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other provisions,
sections or parts thereof.

SEC. 14. Appropriations. — The amount necessary for the implementation of this Act shall be
included in the budget of the Department of Transportation in the annual General Appropriations Act.

SEC. 15. Effectivity. — This Act shall take effect immediately after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,