THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
1: c 
*
I
 
S.B. NO. 
Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
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 hlly processed or ready-to-eat food are processed in a sanitary 
manner in order to eliminate human pathogens or other potentially harmfbl 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. 
Foregoing premises considered, the immediate enactment of this bill is earnestly 
solicited. 
LUISA “LOI” P.~JERCITO ESTRADA 
Senator 
I
.
 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPFINES 
First Regular Session 
1 
SENATE 
S.B. NO. 
'. 
e 
Introduced by Senator LUISA "LOI" P. 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 
assem bled: 
.
.
 . 
SECTION 1. Short title. - This Act shall be known as the "Consumer Food 
Safety Act". 
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 food; 
(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 
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 minimize food safety hazards related in their 
products. The Secretary shall administer a national program for the 
.. 
. 
2 


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. 
(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; 
' I  . 
. 
(b) 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. 
(B) 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 


(3) 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; 
(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 hrtherance 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 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 notifjl 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. 
4 


(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 
more than one violation of any law other than a violation 
involving any fraud in connection with transactions in food. 
(ii) 
(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 foodproducts. - 
(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 ha&l 
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 h a d l  substances on food products; 
5 


(3) ensure that all hlly 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 fiom the enactment of this 
Act, issue regulations that require all registered facilities to adopt brocessing 
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; 
(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 he deems necessary, require any person, firm or 
corporation with responsibility for or control over food ingredients to adopt processing 
6 


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 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 (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. 
.. . 
, 
7 


(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: 
(i) 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; 
(ii) 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 
(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 afier 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 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. 
8 


(2) 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 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) OBcial 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 recotds 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. 
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 
.. 
. 
9 


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 subsection (A) within 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 impact 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 
10 


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. - 
(A) 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. 
(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 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 identifl. the country 
11 


' t  . 
, 
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 fiom 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 fiom 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. 
. I  
. 
, 
@)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 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. 
12 


(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 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 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 fbnctions 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 .noti@ 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 
13 


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 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)(a) The Secretary shall periodically or for good cause, and not less than 
once every 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. 
14 


TITLE 11--RESEARCH AND EDUCATION 
SEC. 9. Public health assessment system - 
(A) Public Health Sampling - 
(1) Within 12 months afier 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. 
(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. 
(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- 
(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; 
.. . 
, 
15 


(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 - 
. 
I
.
.
 
(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. 
(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. 
16 
I
.
 


SEC. 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 data with respect to food products. 
4
.
 
> 
(b) Contract Azithori@.- 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 111-ENFORCEMENT 
SEC. 12. NotiJication 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) afier shipment in interstate commerce, may be adulterated or 
misbranded or otherwise in violation of appropriate laws shall immediately 
17 


notifjr the Secretary, in such manner and by such means as the Secretary may 
by regulation prescribe, of 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 
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) notifjr 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; 
. I  
. 
, 
(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- - 
18 


(a) immediately cease distribution of such article, 
.
.
 
(b) immediately notie 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) 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. 
(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) specie a timetable in which the recall shall occur; 
19 


(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 Oforder. - 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 Penalties.- 
(a) In General - 
(1) Acts Subject To Penalty; Penalty Amount.- Any person that c o d t s  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 P 100,000, 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; 
20 


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. 
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, 
Remedies Not Exclzisive. - 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. - 
(a) In General. - 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 testifl 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, fbnctions, or 
responsibilities set forth in this Act; 
(2) is refbsing 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. 
21 


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 hnds 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 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 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, 
22