FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
OF THE PHILIPPINES 
12 P3ao 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
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 programs in 
place to assure the safety of food products consumed in the Philippines. 


FOURTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
First Regular Session 
SE 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
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 the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Consumer Food 
Safety Act of 2008.” 
SECTION 2. Definitions. -For pwposes of this Act: 
(A) 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. 
(B) The term “facility” shall include any factory, warehouse establishment, or 
importer that handles or processes food. 
(C) 
The term “process” means the harvesting, preparations, manufacture, and 
transportation of food products. 
@) the term “Secretary” means the Secretary of Health. 
TITLE I-NATIONAL FOOD SAFETY PROGRAM 
SECTION 3. Administration ofNational 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 to 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. 
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(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 - 
(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; 
(iv) take into consideration the distinctive characteristics of 
food production and processing; 
(v) establish inspection and oversight procedures to 
monitor that facilities are utilizing preventive controls to minimize 
or eliminate identifiable hazards; and 
(vi) require each food processing facility to annually 
register with the Secretary. 
(B) PROGRAM ELEMENTS - 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 may contaminate food; and (b) safety and sanitation in the 
processing and in food processing facilities; 
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(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 access 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. 
SECTION 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 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; 
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(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; 
(c) conviction of the applicant of 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 restricted 
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 paragraph (A) if the Secretary determines 
that the registration of snch facilities or persons is not needed for effective enforcement 
of this Act. 
SECTION 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 all registered facilities implement appropriate measures to 
control and reduce the presence and growth of human pathogens and other 
potential 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 
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(4) ensure that food products intended for final processing outside 
commercial establishments are labelled with instructions for handling and 
preparation for consumption which, when adhered to, will destroy any human 
pathogens or other potentially harmful substances likely to cause food-borne 
illness. 
(B) REGULATIONS - The Secretary shall, within one (1) year of 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. 
The Secretary may, as the Secretary 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. 
SECTION 6. Inspections of Processors and Importers. - (A) NATURE OF 
INSPECTIONS - 
(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 
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human consumption, or adulterated or misbranded. Inspection shall include 
review of processing records and sample. 
(2) Inspections shall be conducted at least quarterly, unless the Products 
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 specify an alternative 
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) An inspection under subsection (1) of any domestic, foreign or 
importing facility shall extend to all things therein (including records required to 
be maintained under subsection (5), processes, controls, and premises) that bear 
on weather, food products are in compliance with this Act. Access to records may 
include the copying of such records. 
(2) 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- 
(a) 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; 
(b) to inspect in a reasonable manner such facility or vehicle and 
all pertinent equipment, finished and unfinished materials, containers, 
labelling, processes, controls, and premises; and 
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(c) 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 
(I) 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 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-labelling 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-labelling 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 MARF- 
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 annroved bv the Secretarv. Such a mark mav be subiect to a fee. 
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(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, but are not 
limited to, information concerning - 
(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. 
SECTION 7 .  Tolerance 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. 
(B) REGULATIONS - (1) The Secretary, after notice and an opportunity for 
comment, shall promulgate regulations to implement paragraph (A) within forty-eight 
(48) months after the date of enactment of this Act. In promulgating such regulations, the 
Secretary shall establish for the contaminants that the Secretary determines are having the 
greatest public health impact6 as early as feasible after implementation of this Act. 
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(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 risk 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 (A) which take into account new information. 
(C ) REPORT - The Secretary shall report to the Congress on the progress of the 
Secretary 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, a timetable for the 
establishment of such tolerances, and the estimated cost, including costs of research, 
associated with the establishment of such tolerances. The report shall be transmitted on 
or about the end of 18th month after the date of the enactment of this Act, and biennially 
thereafter during the 6-year period that begins on such date of enactment. 
SECTION 8. Imports. - (A) ROLE OF SECRETARY- 
Within twenty-four (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. 
(B) 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 
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misbranded; 
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(b) is not marked or labelled 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 
(A) shall be deemed to be treated as domestic food products, except that all 
labelling 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, inspection, 
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, inspection, 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 procedures came 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 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 
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expeditiously. The final condemnation or other disposition of such food product shall be 
subject to the provisions of this Act. 
(E) AGREEMENTS WITH FOREIGN NATIONS- 
(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 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 considers. 
(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 Philippines 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 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 
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products intended for export to the Philippines, as domestic laws that affect the 
safety of the food supply; and 
(i) 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 saline 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, the Secretary shall, upon 
entry into force of an agreement under subsection (E)(l), certify the types of food 
products for which the nation maintains such a program. 
(4) The Secretary shall periodically or for good cause, and not less than 
once every three 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. 
(5) The Secretary shall review and modify, as needed, an agreement made 
under paragraph (1) with any nation whose certification has been revokes under 
subparagraph (i) of this paragraph. 
TITLE 11-RESEARCH AND EDUCATION 
SECTION 9. Public Health Assessment System. - (A) PUBLIC HEALTH 
SAMPLING - 
(1) 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 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. 
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(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 may analysis of monitoring and verification samples, as the 
Secretary determines 
be useful in assessing the occurrence of 
contaminants in food products. 
(B) ASSESSMENT OF HEALTH HAZARDS- Through the surveillance system 
referred to in subsection (A) (1) and the sampling system described in subsection (A) (2), 
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 - 
(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 of the Philippines; and 
(3) contamination originating form handling practices that occur prior to 
or after the sale of food products to consumers. 
SECTION 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 require 
a national public education program on food safety. The program shall provide 
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and promotion of public awareness understanding, and acceptance of such 
standards and requirements; 
(2) information to health professionals so that the 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. 
(B) HEALTH ADVISORIES-The Secretary, in consultation with the Secretary of 
Agriculture and the Secretary of 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. 
SECTION 11. Research. - (A) IN GENERAL. - The Secretary shall conduct 
research to assist in 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 date with respect to food products. 
(B) CONTRACT AUTHORITY- 
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. 
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TITLE 111-ENFORCEMENT 
SECTION 12. Notification and Recall. - (A) NOTICE TO SECRETARY OF 
ADULTERATION OR MISBRANDNG. - Any person (other than a household 
consumer or other individual who is 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 be in violation of appropriate 
laws shall immediately notify the Secretary, in such manner and by such means as the 
Secretary may by regulation prescribe, or the identity and location of such article. 
(B) 
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 for 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 shall provide the appropriate persons 
(including the manufacturers, importers, distributors, or retailers) with an opportunity to - 
(a) cease distribution of such articles; 
(h) 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; or 
(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. 
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(2) PRE-HEARING ORDER TO CEASE DISTRIBUTION AND GIVE 
NOTICE - If such person reuses to or does not voluntarily 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 persons 
to - 
(a) immediately cease distribution of such articles; 
(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, transported, 
or sold, to immediately cease distribution of such article; or 
(iii) immediately take the actions specified in both 
subparagraphs (B)(1) and (B) (2). 
(3) NOTIFICATION OF CONSUMERS BY SECRETARY- 
The 
Secretary shall, as the Secretary deems necessary, provide notice to consumers to 
whom such article was, or may have been, distributed. 
(4) 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 s soon as possible but not later than 2 days after the issuance of the order, on 
the action ,required by the order and on why the article that is the subject of the 
order should not be recalled. 
(5) POST-HEARING RECALL ORDER- 
(a) AMENDMENT OF OFDER- 
If, after providing opportunity 
for a hearing under subsection (3), the Secretary determines that there is a 
reasonable probability that the article that is the subject of an order under 
subsection (2), if consumed, presents a threat to public health, the 
Secretary, as the Secretary deems necessary, may- 
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(i) amend the order to require recall of such article or other 
appropriate action; 
(ii) specify a timetable in which the recall shall occur; 
(iii) require periodic reports to the Secretary describing the 
progress of the recall; and 
(iv) provide notice to consumers to whom such article was, 
or may have been, distributed. 
(b) VACATION OF ORDER- 
If, after such a hearing, the 
Secretary determines that the adequate grounds do not exist to continue 
the actions required by the order, the Secretary shall vacate the order. 
(c) REMEDIES NOT EXCLUSIVE- 
The remedies provided in 
this section shall be in addition to and not exclusive of other remedies that 
may be available. 
SECTION 13. Civil Penalties. - 
(A) IN GENERAL. - (1) ACTS SUBJECT TO PENALTY; PENALTY 
AMOUNT. - Any person that commits and 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 
(PlO0,OOO.OO) for such act. Each such act and each day during which such act continues 
shall be a separate offense. 
(2) NOTICE AND HEAmG- 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 
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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 actins, 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 interest will be adequately served by assessment of civil penalties. 
SECTION 14. Whistleblower Protection.- 
(A) IN GENERAL - 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 
the public proceeding, testified or is about to testify at 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, actions or responsibilities set forth 
in this Act; 
(2) is refusing to violate or assist in the violation of a law, rule or 
regulation. 
SECTLON 15. Trucebuck. - 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. 
SECTION 16. Citizen‘s Civil Action. -Any person may against- 
(A) any person who violated any rule, tolerance, order, or ensure the 
safety of food products; or 
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(€3) the Secretary where there is alleged a failure of the Secretary to 
perform any act or duty to ensure the safety of food products, which is not 
discretionary. 
TITLE IV-AUTHORIZATION 
SECTION 17. Authorization of Appropriations.- 
(A) IN GENERAL-There are 
authorized to be appropriated such sums as may be necessary to carry out the provisions 
of this Act. 
(B) RESEARCH PROGRAM AUTHORIZATION- 
Of the funds authorized to 
be appropriated under subsection (I), there are authorized to be appropriated such sums as 
may be necessary to carry out the research program authorized by this Act. 
SECTION 18. Separability Clause. - If 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. 
SECTION 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 pro;isions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 20. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in-at least two (2) newspapers of general circulation. 
Approved 
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