FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 650 
) 
) 
) 
; I) 
ciUL -7 fill :29 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 food 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 effective program 
in place to assure the safety of food products consumed in the Philippines. 
The immediate enactment of this bill is earnestly requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 650 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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 Acf'. 
SEC. 2. Definitions. - For purposes of this Act: 
(1) 
the 
term 
"contaminants" 
includes 
bacteria 
chemical 
contaminants, natural toxins, viruses, parasites, and physical 
hazards that when found on or in food can cause human 
illness or injury; 
(2) 
the 
term 
"facility" 
includes 
any 
factory, 
warehouse, 
establishment, or importer that handles or processes fOJld; 
(3) 
the term "process" means the commercial harvesting, 
preparation, manufacture, or transportation of food products; 
(4) 
the term "Secretary" means the Secretary of Health. 
TITLE I - NATIONAL FOOD SAFETY PROGRAM 
S'EC. 3. Administration of National Program. -
. (A) In General -
(1) 
Persons who produce or process food for' human 
consumption have the responsibility to prevent or 
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~)n the 
Philippines. 
(2) 
The program shall -
(a) 
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 -
(b) 
(i) 
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; 
(c) 
establish inspection and oversight procedures to 
monitor that facilities are utilizing preventive 
controls to minimize or eliminate identifiable 
hazards; and 
(d) 
require each food processing facility to annually 
register with the Secretary. 
(8) Program Element - The program shall provide for-
(1) 
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; 
(2) 
development 
of 
a 
program 
to 
oversee 
the 
implementation of process controls in food processing 
facilities; 
(3) 
the establishment and enforcement of health-based 
standards for (a) substances which my cont<;lminate 
food and (b) safety and sanitation in the processing and 
handling of food products; 
" 
(4) 
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); 
(5) 
implementation of procedures and requirements to 
ensure the safety of imported food products; 


(6) 
coordination with other agencies in carrying out 
inspection, enforcement and monitoring; 
(7) 
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; 
(8) 
development 
of 
public 
education 
and 
advisory 
programs; and 
(9) 
implementation of a research program in furtherance of 
the purposes of this Act. 
SEC. 4. Registration of Processors and Importers. -
(A) 
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. 
. 
(B) 
Suspension of Registration-
(1) 
The registration may be suspended immediately by the 
Secretary for -
(a) failure to permit access for inspection under this Act; 
(b) 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 
(c) conviction of the applicant or registrant of-
(i) 
any felony other than a felony based upon 
the acquiring, handling, or distribution of 
adulterated or misbranded food; or 
(ii) 
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. 


(C) 
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 a registered facilities implement appropriate 
measures to control and reduce the presence and growth of 
human pathogens and other potentially harmful substances on 
food products; 
. (3) 
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 
pathogens or other potentially harmful substances likely to 
cause food borne 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 pathogens or other 
potentially harmful substance likely to cause food borne 
illness. 
(b) 
Regulations - The Secretary shall, 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 record keeping to monitor compliance; 
(5) require sampling to assure that processing controls are 
effective and that regulatory standards are being met; and, 
(6) provide for agency access to records kept by official 
establishments and submission of copies of such records to the 
Secretary as the Secretary deems appropriate. 


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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-
(1) 
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 
exceptional or negligible-risk facility under standards 
established by the Secretary. 
(3) 
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 
specie 
an 
altemative 
inspection 
frequency for each facility which is deemed exceptional 
or negligible-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 ) 
(2) 
(i) 
(ii) 
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 


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unfinished materials, containers labeling, processes, 
controls, and premises; and 
(iii) 
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. 
(3) 
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 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. 
(c) 
Product Detention and Condemnation. -
(1) 
If, during an inspection conducted under this section, an 
officer or employee making the inspection 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. 
(2) 
If the Secretary determines that, through re-Iabeling 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 re-
labeling or other action as specified by the - Secretary 
has been performed. 
. 
(3) 
Any food product condemned without objection, or after 
hearing and judicial review, shall be destroyed under 
supervision of the Secretary. 
(d) 
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. 
(e) 
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, bur are not 
limited to, information concerning-
(1) 
the origin, receipt, delivery, sale, movement, holding, 
and disposition of food products or ingredients; the 


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identity and amount of ingredients used in the food; the 
processing of the food, the results of labqratory, 
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) 
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. 
(8) 
Regulations -
(1~ 
The Secretary, after notice and an opportunity for comment, 
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 shall 
establish tolerances for the contaminants that the Secretary 
determines are having the greatest public health impBct as 
early as feasible after implementation of this Act. 
(2) 
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 
(b) 
analysis of the risks for sensitive groups, such as 
children, elderly, pregnant women and the immune 
compromised. 
(3) 
The Secretary shall, in a timely manner, issue revisions to the 
regulations under paragraph (1) which take into account new 
information. 
(C) 
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 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 18th month after the date of enactment of 
this Act, and biennially thereafter during the 6-year period that 
begins on such date of enactment. 
SEC. 8. Imports. -
y'-..) 
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. 
(8) 
Import Requirements-
(1) 
No food product may enter the Philippines, or be 
withdrawn from a warehouse, for consumption in the 
Philippines if such food product-
(a) 
appears unsafe for human consumption, or adulterated 
or misbranded; 
(b) 
is not marked or labeled as required by regulations for 
domestic or imported articles; or 
(c) 
does not comply with the requirements of this section. 
(2) 
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. 
(C) 
Inspection of Imports-
(1) 
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. 
(2) 
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 
(e)(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. 
(D) 
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 rE~ason 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. 
(E) 
Agreement with Foreign Relations -
(1) 
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 proViaes 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 
foreign nation to adversely affect the safety of 
food products exported from such nation; and 
(b) 
how well the food safety programs of the 
foreign nation functions to minimize any 
adverse effects on such safety. 
(2) 
Any agreement under this subsection with a nation 
desiring to export food products to the Philippine's shall 
(a) 
require that the exporting nation shall -
(i) 
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, 
(ii) 
promptly notify the Secretary of any 
violations affecting the safety of food 


products exported or intended for export 
to the Philippines; 
(b) 
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 handJlng 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 
(c) 
provide for reciprocity with respect to the 
treatment of food imports and exports between 
the Philippines and the exporting nation. 
(3) 
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 exporf~;fo the 
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. 
(4) 
(a) 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 II - RESEARCH AND EDUCATION 
SEC. 9. Public Health Assessment System· 
(A) 
Public Health Sampling -
(1 ) 
Within twelve (12) months after the date of enactmen!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. 
(2) 
Such sampling system shall provide -
(a) 
statistically valid monitoring, including market-basket 
studies, on the nature, frequency of occurrence, and 
amounts of contaminants in food products available to 
consumers; and 
(b) 
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. 
(8) 
Assessment of Health Hazards - Through the surveillance system referred 
'to in subsection (a) and the sampling system described in subsec.lion (b), 
the Secretary shall rank food categories based on their hazard to,h'uman 
health and identify appropriate industry and regulatory approaches to 
minimize hazards in the food supply. Such analysis could include -
(1) 
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 
(3) 
contamination originating from handling practices that occur 
prior to or after sale of food products to consumers. 
SEC. 10. Public Education and Advisory System .• 
a) 
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 pl3rticular 
risk; and 
" 


· " 
(3) 
such other information or advice to consumers and other 
persons as the Secretary determines will promote the 
purposes of this Act. 
:, 
b) 
Health Advisories- The Secretary, in consultation with the Secretary of 
Agriculture and the Secretary of the Environment and Natural Resources, 
shall work to -
(1) 
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 assistJn the 
implementation of this Act, including studies to -
(1) 
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; 
(3) 
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 11\ - 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 b!3lieving 
that any article of food introduced into or in interstate commerce,:or held 
for sale (whether or not the first sale) after shipment in inlerstate 
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 articie. 
(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 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 
(i) 
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; 
(c) 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. 
(2) 
Pre-hearing Order To Cease Distribution And Give Notice -: If 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 
(i) 
producing, 
manufacturing, 
packing, 
processing, 
preparing, treating, packaging, distributing, or holding 
such article, or 
(ii) 
to which such article has been distributed, tran~ported, 
or sold, to immediately cease distribution of such 
article; or 
'. 
(c) immediately take the actions specified in both subparagraphs (a) 
and (b). 
(3) 
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. 


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(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 su bject of an order 
under sUbsection (b), if consumed, presents a threat tQ 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; 
(c) require periodic reports to the Secretary describing the progress of 
the recall; and, 
(d) 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 ExC/usive- The remedies provided in this section shall be in 
. addition to and not exclusive of other remedies that may be available. 
SEC. 13. Civil Penalties.-
(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,OOO.OO) 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; 


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(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 or 
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, funct1ons, 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. 
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(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. Separabillity Clause. - If any provision or part hereofds 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 provision of this Act is hereby repealed, 
modified or amended accordingly. 
SEC. 20. Effectivity Cause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,