FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 8428

EXPLANATORY NOTE

Section 15 under Article 2 of the Constitution provides that, “the State
shall protect and promote the right to health of the people and instill health
consciousness among them.”

Persons who produce or process food for human consumption have the
responsibility to prevent or minimize food safety hazards related to their products.
They should ensure that all fully processed or ready-to-eat foods are processed
in a sanitary manner in order to eliminate human pathogens or other potentially
harmful substances likely to cause food-borne illness.

Hence, this bill seeks to establish a comprehensive program for the
purpose of protecting human health, by ensuring that the food industry has an

effective program in place to assure the safety of food products consumed in the
Philippines.

The immediate enactment of this bill is earnestly requested.

RUFUS B. Rt IGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__ 3428

AN ACT
TO ESTABLISH A COMPREHENSIVE PROGRAM TO ENSURE THE
SAFETY OF FOOD PRODUCTS INTENDED FOR HUMAN CONSUMPTION

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

SECTION 1. Short title, - This Act shall be known as the "Consumer
Food Safety Act’.
SEC 2. Definitions. - For purposes of this Act, the term:
(1) "contaminant" includes bacteria chemical contaminants,
natural toxins, viruses, parasites, and physical hazards that

when found on or in food can cause human iliness or injury;

(2) “facility” includes any factory, warehouse, establishment, or
importer that handles or processes food;

)) "process" means the commercial harvesting, preparation,
manufacture, or transportation of food products:

(4) “Secretary” means the Secretary of Health.

TITLE | - NATIONAL FOOD SAFETY PROGRAM
SEC 3. Administration of National Program. -
(A) In General —

(1) Persons who produce or process food for human
consumption have the responsibility to prevent or


(2)

(a)

()

©

(d)

minimize food safety hazards related in their products.
The Secretary shall administer a national program for
the purpose of protecting human health by ensuring
that the food industry has effective programs in place
to assure the safety of food products consumed in the
Philippines.

The program shall —

be based on a comprehensive analysis of the
hazards associated with different food products
and with the harvesting, processing, and
handling of different food products, including
the identification and evaluation of ~

() the severity of the potential health risks;

(ii) the sources and specific points of potential
contamination that may render food
Products unsafe for human consumption;
and

(iii) the potential for persistence, multiplication,
‘or concentration of naturally occurring or
added contaminants in foods and food
products;

take into consideration the distinctive
characteristics of food production and
processing;

establish inspection and oversight procedures
to monitor that facilities are utilizing preventive
controls to minimize or eliminate identifiable
hazards; and

require each food processing facility to annually
register with the Secretary.

(8) Program Element — The program shall provide for —

q)

2)

implementation of a national system for the
registration and quarterly inspection of facilities and
importers. Quarterly inspections can be waived by
plants that meet the Secretary's standards for
exceptional or negligible risk facilities or importers;

development of a program to oversee the
implementation of process controls in food processing
facilities;


@)

(4)

(5)

©

@

®)

@)

the establishment and enforcement of health-based
standards for (a) substances which my contaminate
food and (b) safety and sanitation in the processing
and handling of food products;

implementation of a sampling program to ensure that
industry programs to prevent food contamination are
effective and that food products meet the standards
established in paragraph (1)

implementation of procedures and requirements to
ensure the safety of imported food products;

coordination with other agencies in camying out
inspection, enforcement and monitoring;

implementation of a national surveillance system to
assess the health risks associated with the human
consumption of food products, in cooperation with the
Secretary of Agriculture;

development of public education and advisory
programs; and

implementation of a research program in furtherance
of the purposes of this Act.

SEC 4. Registration of processors and importers. -

(A)

(8)

io)

In General — Any facility engaged in processing of food
products and any person who imports food products shall
register with the Secretary. Application for registration shall
be made to the Secretary using such forms and containing
such information as the Secretary shall prescribe by
regulation within twenty four (24) months after the date of
enactment of this Act. Upon receipt and review of a
completed application, the Secretary shall issue to the
applicant a certificate of registration unless good cause is
shown why such application should be denied. The Secretary
shall promptly notify any applicant of such denial, include a
written explanation of the reasons for such denial, and
provide an opportunity for a hearing or reapplication upon
request.

Suspension of Registration —

The registration may be suspended immediately by
the Secretary for —


(2) failure to permit access for inspection under this Act;

(®) violation of this Act or regulation issued under this
Act, where the Secretary determines that such
suspension is likely to prevent a significant risk of
adverse health consequences; or

(©) conviction of the applicant or registrant of —

() any felony other than a felony based upon
the acquiring, handling, or distribution of
adulterated or misbranded food; or

(i) more than one violation of any law other
than a violation involving any fraud in
connection with transactions in food.

2) Any registration suspended under paragraph (1) may
be reinstated whenever the Secretary determines
that suspension is no longer necessary.

©) Exemption Authority- The Secretary may, by regulation,
exempt classes of facilities from the requirements of
subsection (A) if the Secretary determines that the
registration of such facilities or persons is not needed for
effective enforcement of this Act.

SEC. 5. Process controls to reduce the adulteration of food
products.

(a) In General- The Secretary shall, upon the basis of the best
available scientific and technological data, prescribe regulations
to-

(1) limit the presence of human pathogens and other potentially
harmful substances in food products;

(2) ensure that registered facilities implement appropriate
measures to control and reduce the presence and growth of
human pathogens and other potentially harmful substances
on food products;

8) ensure that all fully processed or ready-to-eat food products
are processed in a sanitary manner, using reasonably
available techniques and technologies to eliminate any
human pathogen or other potentially harmful substances
likely to cause food bore illness; and


(4) ensure that food products intended for final processing
outside commercial establishments are labeled with
instructions for handling and preparation for consumption
which, when adhered to, will destroy any human pathogen or
other potentially harmful substances likely to cause food
bome iliness.

(o) Regulations - The Secretary shail, within one year from the
enactment of this Act, issue regulations that require all registered
facilities to adopt processing controls adequate to protect public
health and to limit the presence and growth of human pathogens
and other potentially harmful substances in food products
prepared in any registered facility. Such regulations shall —

(1) set standards for sanitation;

(2) set tolerances for biological, chemical and physical hazards
as appropriate;

(3) require process controls to assure that food is safe and that
relevant regulatory and safety standards are met,

(4) require recordkeeping to monitor compliance;

(6) require sampling to assure that processing controls are
effective and that regulatory standards are being met; and,

(©) provide for access to records kept by official establishments
and submission of copies of such records to the Secretary as
the Secretary deems appropriate.

‘The Secretary may, as he deems necessary, require any person, firm or
corporation with responsibility for or control over food ingredients to adopt
processing controls, where such processing controls are needed to assure the
protection of public health.

‘SEC 6. Inspections of processors and importers. ~
(a) Nature of Inspection —

(a) The inspection system shall provide for frequent
unannounced inspections of food processing and
importing facilities to determine if such facilities are
operated in a sanitary manner and if food products are
unsafe for human consumption, or adulterated or
misbranded. Inspections shall include review of
processing records and sampling of food products.

(2) Inspections shall be conducted at least quarterly,
unless the Secretary determines that the facility is an


3)

exceptional or negligible-risk facility under standards
established by the Secretary.

Standards for exceptional or negligible-risk facilities
shall consider the hazards associated with the type of
product being produced, and the facility's history of
compliance, food safety problems and such other
factors as the Secretary may deem appropriate. The
Secretary shall specify an alternative inspection
frequency for each facility which is deemed
exceptional or negiigible-risk. Each inspection shall
include an examination of whether the facility
continues to meet the standards for exceptional or
negligible-risk facilities

(b) Conduct of Inspections —

(1)

@)

@)

@

qi)

(iii)

An inspection under subsection (a) of any domestic,
foreign or importing facility shall extend to all things
therein (including records required to be maintained
under subsection (e), processes, controls, and
premises) that bear on whether food products are in
compliance with this Act. Access to records may
include the copying of such records.

In conducting such inspections, officers or employees
duly designated by the Secretary, upon presenting
appropriate credentials to the owner, operator, or
agent in charge, are authorized:

to enter at reasonable times any facility in which
persons are engaged in the food processing or
importing of food products or to enter any vehicle
being used to transport or hold such food
products;

to inspect in a reasonable manner such facility or
vehicle and all pertinent equipment, finished and
unfinished materials, containers _ labeling,
processes, controls, and premises; and

to collect and retain samples of food products or
ingredients or of any other items found during an
inspection that may contribute to a finding of
whether such food products are unsafe for human
consumption or adulterated or misbranded.

Immediately after completion of inspection, the officer
‘or employee making the inspection shall give to the
‘owner, operator, or agent in charge a report in writing


©

(d)

@

setting forth any conditions or practices observed
which indicate that either processing controls are
inadequate to prevent or minimize food safety hazards
or that any food from such facility is unsafe for human
consumption, or adulterated or misbranded.

Product Detention and Condemnation. —

) If, during an inspection conducted under this section,
an officer or employee making the inspection has
Teason to believe that a food product is unsafe for
human consumption, or adulterated or misbranded,
such officer or employee may order the food product
segregated, impounded, and if objection is not made
within forty eight (48) hours, condemned. If objection is
made, such food products that are in perishable form
may be processed to the extent necessary to prevent
spoilage, and a hearing shall be commenced
expeditiously.

Q) if the Secretary determines that, through re-labeling or
other action, such food products can be brought into
compliance with this Act, the food may be released
following a determination by the Secretary that such
relabeling or other action as specified by the
Secretary has been performed.

8 Any food product condemned without objection, or
after hearing and judicial review, shall be destroyed
under supervision of the Secretary.

Official Mark - The Secretary shall prescribe by regulation the
conditions under which any food product shall display an official
mark, when needed to facilitate exports, that signifies that the
food product has been processed in accordance with standards
approved by the Secretary. Such a mark may be subject to a fee.

Maintenance of Records - Each facility or person registered under
this section shall maintain and make available for inspection by
the Secretary such records as the Secretary may prescribe. Such
records shall be maintained for a reasonable period of time as
determined by the Secretary. The records shall include, but are
ot limited to, information conceming-

(1) the origin, receipt, delivery, sale, movement, holding,
and disposition of food products or ingredients; the
identity and amount of ingredients used in the food;
the processing of the food, the results of laboratory,
sanitation, or other quality control tests performed on


the food or in the facility; consumer complaints
concerning the food or its packaging; and

(2) other matters reasonably related to whether food
products may be unsafe for human consumption, or
adulterated or misbranded

SEC 7. Tolerances for contaminants in food -

A

(B)
(a)

@)

(3)

()

Tolerances - The Secretary shall establish tolerances limiting the
quantity of contaminants, that, when found in food products, may
render such products unsafe for human consumption.
Contaminants include but are not limited to bacteria, chemical
contaminants, natural toxins, viruses and parasites that when
found on or in food can cause human illness. Such tolerances
may include indicators (including indicator organisms) from which
it may reasonably be inferred that a contaminant is present in a
food product. In developing a tolerance, the Secretary shall take
into account the extent to which consumers may be exposed to
such contaminant from sources other than food, and the extent to
which such contaminant can be avoided or minimized in the
commercial handling and processing of such food.

Regulations —

The Secretary, after notice and an opportunity for comment
has been given, shall promulgate regulations to implement
subsection (A) within forty eight (48) months after the date of
enactment of this Act. In promulgating such regulations, the
Secretary shail establish tolerances for the contaminants that
the Secretary determines are having the greatest public
health impact as early as feasible after implementation of
this Act.

A tolerance established under this section shall be based on-

(a) a scientific analysis of the health risks attributable to
the contaminant for which the tolerance is
established; and

() analysis of the risks for sensitive groups, such as
children, elderly, pregnant women and the immune
compromised

The Secretary shall, in a timely manner, issue revisions to
the regulations under paragraph (1) which take into account
new information.

Report. - The Secretary shall report to the Congress on the
progress in establishing tolerances under this section. The report
shall include a description of the research that has been


SEC 8. Imports. -

(A)

(B)

(Cc)

conducted with respect to such tolerances and the research that
must be conducted before additional tolerances may be
established, the health significance of the lack of such additional
tolerances, a timetable for the establishment of such tolerances,
and the estimated costs, including costs of research, associated
with the establishment of such tolerances. The report shall be
transmitted on or about the end of the 18” month after the date of
enactment of this Act, and biennially thereafter during the 6-year
period that begins on such date of enactment.

1o)

(2)

Role of the Secretary. - Within twenty (24) months after the
date of enactment of this Act, the Secretary shall establish
and administer a comprehensive and efficient system to
ensure the safety of food imported into the Philippines.

The Secretary shall routinely inspect processing facilities in
exporting nations and imports at ports of entry into the
country. The Secretary shall assure the effective operation
through verification and other activities as the Secretary
considers necessary.

Import Requirements —

(@

(6)

(©)

No food product may enter the Philippines, or be
withdrawn from a warehouse, for consumption in the
Philippines if such food product-

appears unsafe for human consumption, or
adulterated or misbranded;

is not marked or labeled as required by regulations
for domestic or imported articles; or

does not comply with the requirements of this
‘section.

Upon entry for consumption in the Philippines, food
products that are not prohibited from entry or from
withdrawal from a warehouse under paragraph (1)
shall be deemed to be and treated as domestic food
products, except that all labeling of such products
shall clearly identify the country of origin to facilitate
the identification of products linked to outbreaks of
illness.

Inspection of Imports —


(D)

{E)

(1)

(2)

a)

Food products that are offered for importation, or
withdrawn from a warehouse, for consumption in the
Philippines, shall be subject to examinations,
inspections, sampling, and such other procedures at
the port of entry or in the exporting nation by officers
‘or employees duly designated by the Secretary. Such
procedures shall be conducted with such frequency
and in such manner as the Secretary may prescribe
by regulation

Food products from a nation that is certified for such
food products under subsection (e)(3) shall be subject
to random examinations, inspections, sampling, and
other procedures. Food products from a nation that is
not certified for such food products under subsection
(@(3) shall be subject to such intensified
examinations, inspections, sampling, and other
verification procedures, including inspection in the
country of origin, as the Secretary determines are
necessary to ensure compliance with this Act.

Detention of Imported Food Product. - if during an inspection
or other verification procedure carried out under this section,
an officer or employee conducting the procedure has reason
to believe that a food product is unsafe for human
consumption, or adulterated or misbranded, such officer or
employee may order the food product segregated,
impounded, and if objection is not made within forty eight
(48) hours, condemned. If objection is made, such food
products that are in perishable form may be processed to the
extent necessary to prevent spoilage, and a hearing shall be
commenced expeditiously. The final condemnation or other
disposition of such food product shall be subject to the
provisions of this Act.

Agreement with Foreign Relations -

The Secretary may enter into an agreement with any
nation desiring to export food products to the
Philippines. Prior to concluding such an agreement,
the Secretary shall evaluate the food safety program
of the foreign nation to determine if such program
provides at least the same level of protection, with
respect to food products intended for export to the
Philippines, as domestic laws that affect the safety of
the food supply. In such evaluation, the Secretary
shall consider —

(a) the potential for health, sanitary,
environmental, or other conditions within the


(2)

8)

(0)

foreign nation to adversely affect the safety
of food products exported from such nation:
and

how well the food safety programs of the
foreign nation functions to minimize any
adverse effects on such safety

Any agreement under this subsection with a nation
desiring to export food products to the Philippines

(a)

(b)

(©)

require that the exporting nation shall —

@ establish and maintain a food safety
system that is adequate to ensure that
the food products intended for export
to the Philippines are safe for human
consumption, and not adulterated or
misbranded; and,

(i) promptly notify the Secretary of any
violations affecting the safety of food
products exported or intended for
export to the Philippines;

provide for such activities (whether in the
exporting nation or at the port of entry during
importation) by the Secretary, including
examinations, inspections, sampling, and
testing, at such stages in the growth or
harvest of food, or in the processing or
handling of food products, as the Secretary
considers appropriate to ensure that the food
safety program of the exporting nation
continues to provide at least the same level
of protection, with respect to food products
intended for export to the Philippines, as
domestic laws that affect the safety of the
food supply; and

provide for reciprocity with respect to the
treatment of food imports and exports
between the Philippines and the exporting
nation.

If the Secretary determines that a nation desiring to
export food products to the Philippines has a program
that provides at least the same level of protection, with
respect to food products intended for export to the


A)

(4)

Philippines, as domestic laws that affect the safety of
the food supply, the Secretary shall, upon entry into
force of an agreement under subsection (e)(1), certify
the types of food products for which the nation
maintains such a program.

(@) The Secretary shall periodically or for good cause,
and not less than once every three (3) years, review
certifications made under paragraph (3), and shall
revoke the certification of any nation that the
Secretary determines is not maintaining a food safety
program that provides at least the same level of
protection, with respect to food products intended for
export to the Philippines, as domestic laws that affect
the safety of the food supply.

(b) The Secretary shall review and modify, as
needed, an agreement made under paragraph (1) with
any nation whose certification has been revoked
under subparagraph (A) of this paragraph.

TITLE ll- RESEARCH AND EDUCATION

SEC 9. Public health assessment system -

Public Health Sampling —

(1)

(2)
(@)

(b)

Within twelve (12) months after the date of enactment of this
Act, the Secretary in cooperation with the Secretary of
Agriculture shall establish guidelines for a sampling system
under which the Secretary and the Secretary of Agriculture
shall take and analyze samples of food products to assist the
Secretary in carrying out this Act and to more accurately
assess the nature, frequency of occurrence, and amounts of
contaminants in food products.

Such sampling system shall provide —

‘Statistically valid monitoring, including market-basket
‘studies, on the nature, frequency of occurrence, and
amounts of contaminants in food products available to
consumers; and

at the request of the Secretary, such other
information, including analysis of monitoring and
verification samples, as the Secretary determines may
be useful in assessing the occurrence of contaminants
in food products.


(B)

a)

b)

Assessment of Health Hazards - Through the surveillance system
referred to in subsection (a) and the sampling system described in
subsection (b), the Secretary shall rank food categories based on their
hazard to human health and identify appropriate industry and regulatory
approaches to minimize hazards in the food supply. Such analysis could
include —

0) the safety of commercial harvesting and processing, as
compared with the health hazards associated with food
products that are harvested for recreational or subsistence
purposes and prepared non-commercially;

(2) the safety of food products that are domestically harvested
and processed, as compared with the health hazards
associated with food products that are harvested or
processed outside the Philippines; and

@) contamination originating from handling practices that occur
prior to or after sale of food products to consumers.

SEC 10. Public Education and Advisory System. -

Public Education - The Secretary, in cooperation with private and public
organizations, shall design and implement a national public education
program on food safety. The program shall provide —

(1) information to the public regarding standards and good
practice requirements and promotion of public awareness
understanding and acceptance of such standards and
requirements;

(2) information to health professionals so that they may improve
diagnosis and treatment of food-related illness and advise
individuals whose health conditions place them in particular
risk; and

(3) such other information or advice to consumers and other
persons as the Secretary determines will promote the
purposes of this Act.

Health Advisories- The Secretary, in consultation with the Secretary of
Agriculture and the Secretary of the Environment and Natural
Resources, shall work to —

Oy develop and distribute regional and national advisories
concerning food safety; and


(2) develop standardized formats for written and broadcast
advisories.

SEC 11. Research. -

(a) In General - The Secretary shall conduct research to assist in the
implementation of this Act, including studies to —

(4) improve sanitation and food safety practices in the processing
of food products;

(2) develop improved techniques for the monitoring of food and
inspection of food products;

@) develop efficient, rapid, and sensitive methods for
determining and detecting the presence of contaminants in
food products;

(4) determine the sources of contamination of food and food

Products with contaminants; and
(5) develop consumption data with respect to food products.

(b) Contract Authorization. - The Secretary is authorized to enter into
contracts and agreements with the University of the Philippines or any
state university or any other university, other government agencies or
other persons to carry out the activities under this section.

TITLE Ill - ENFORCEMENT
SEC 12. Notification and Recall. -

(A) Notice to the Secretary of Adulteration or Misbranding - Any person
(other than a household consumer or other individual who is the
intended consumer of an article of food) that has a reasonable basis for
believing that any article of food introduced into or in interstate
commerce, or held for sale (whether or not the first sale) after shipment
in interstate commerce, may be adulterated or misbranded or otherwise
in violation of appropriate laws shall immediately notify the Secretary, in
such manner and by such means as the Secretary may by regulation
prescribe, of the identity and location of such article.

(8) Recall and Consumer Notification ~

(1) Voluntary Procedures- if the Secretary finds, upon notification
under subsection (a) or otherwise, that any article of food is
adulterated or misbranded when introduced into or while held for
sale (whether or not the first sale) after shipment in interstate
commerce and there is a reasonable probability that such article, if


(2)

(3)

consumed, would present a threat to public health, as determined
by the Secretary, the Secretary shall provide the appropriate
persons (including the manufacturers, importers, distributors, or
retailers) with an opportunity to —

(a) cease distribution of such article;
(b) notify all persons
() producing, manufacturing, packing, _ processing,
preparing, treating, packaging, distributing, or holding
‘such article; or

(i) to which such article has been distributed, transported,
or sold, to immediately cease distribution of such article;

(©) recall such article;

(d) provide, in consultation with the Secretary, notice to consumers
to whom such article was, or may have been, distributed; or

(e) take any combination of the above measures, as appropriate in
the circumstances.

Pre-hearing Order to Cease Distribution and Give Notice - \f such
person refuses to or does not voluntary cease distribution, make
Notification, recall such article, or provide notice to consumers, as
applicable, within the time and in the manner prescribed by the
Secretary, the Secretary shall, by order, require, as the Secretary
deems necessary, such person to -

(a) immediately cease distribution of such article;

(b) immediately notify all persons

0) Producing, manufacturing, packing, processing,
Preparing, treating, packaging, distributing, or holding
such article, or

(ii) to which such article has been distributed,

transported, or sold, to immediately cease distribution
of such article; or

(c) immediately take the actions specified in both subparagraphs (a)
and (b).

Notification of Consumers by Secretary. - The Secretary shall, he
deems necessary, provide notice to consumers to whom such
article was, or may have been, distributed


(C) Hearing on Order. - The Secretary shall provide any person subject to
an order under subsection (b) with an opportunity for a hearing, to be
held as soon as possible but not later than 2 days after the issuance of
the order, on the actions required by the order and on why the article
that is the subject of the order should not be recalled

(D) Post Hearing Recall Order —

(1) Amendment of Order. - If, after providing opportunity for a hearing
under subsection (c), the Secretary determines that there is a
reasonable probability that the article that is the subject of an
order under subsection (b), if consumed, presents a threat to
public health, the Secretary, as he deems necessary, may —

(a) amend the order to require recall of such article or other
appropriate action:

(b) specify a timetable in which the recall shall occur;

(©) require periodic reports to the Secretary describing the progress
of the recall; and,

(a) provide notice to consumers to whom such article was, or may
have been distributed.

(2) Vacation of Order. - If, after such a hearing, the Secretary
determines that adequate grounds do not exist to continue the
actions required by the order, the Secretary shall vacate the
order.

(E) Remedies Not Exclusive- The remedies provided in this section shall be
in addition to and not exclusive of other remedies that may be available.

SEC 13. Civil Penatties.-
(a) In General -

(1) Acts Subject To Penalty; Penalty Amount.- Any person that
commits an act that violates this Act may be assessed a
civil penalty by the Secretary, subject to review in
accordance with the Administrative Code and other
pertinent laws, of not more than One Hundred Thousand
Pesos (P100,000.00) for such act. Each such act and each
day during which such act continues shall be a separate
offense.

(2) Notice and Hearing. - No penalty shall be assessed by the
Secretary under this section unless such person is given


notice and opportunity for a hearing on the record before
the Secretary in accordance with laws pertinent to
administrative proceedings

(3) Other Requirements. - The amount of such civil penalty
shall be assessed by the Secretary by written order, taking
into account the gravity of the violation, degree of
culpability, size and type of business, and any history of
prior offenses;

(b) Collection Actions. - if any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order, the
Secretary shall refer the matter to the Solicitor General who shall
institute a civil action to recover the amount. In such collection action,
the validity and appropriateness of the Secretary's order imposing the
civil penalty shall not be subject to review.

(c) Secretary's Discretion to Prosecute. - Nothing in this Act shall be
construed as requiring the Secretary to report for prosecution, or for the
institution of libel or injunction proceedings, violations of this Act
whenever the Secretary believes that the public interest will be
adequately served by assessment of civil penalties,

(d) Remedies Not Exclusive. - The remedies provided in this section shall
be in addition to and not exclusive of other remedies that may be
available.

SEC 14. Whistleblower protection. - No employee or other person may
be harassed, prosecuted, held liable, or discriminated against in any way
because that person-

(1) has commenced, caused, to be commenced, or is about to commence
a proceeding, testified or is about to testify in a proceeding, or assisted
oF participated or is about to assist or participate in any manner in such
a proceeding or in any other action to carry out the purposes, functions,
or responsibilities set forth in this Act;

(2) is refusing to violate or assist in violation of law, rule, or regulation.

SEC 15. Trace back. - The Secretary may impose on a food product
requirements for the traceability of such type or class of food product whenever
such requirements are necessary to assure the protection of the public health.
Traceability requirements shall be established in accordance with regulations
and guidelines issued by the Secretary.

SEC 16. Citizen's Civil Action. - Any person may commence a civil action
against-


(1) any person who violated any rule, tolerance, order, or other
action of the Secretary to ensure the safety of food products;

or

(2) the Secretary where there is alleged failure of the Secretary
to perform any act or duty to ensure the safety of food
products, which is not discretionary.

TITLE IV - AUTHORIZATION
SEC 17. Authorization of appropriations. —

(a) In General- Such sums as may be necessary to carry out the provisions
of this Act is hereby authorized to be appropriated from the National
Treasury.

(b) Research Program Authorization - Of the funds authorized to be
appropriated under subsection (a), there are authorized to be
appropriated such sums as may be necessary to carry out the research
program authorized by this Act.

SEC 18. Separability Clause. - \f any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SEC 19. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC 20. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved.