FIFTEENTH CONGRESS 
) 
CONGRESS OF THE PHILIPPINES ) 
First Regular Sessiou 
) 
Senate Bill No. 2805 
'11 
MAY -9 Pl :59 
RECEl\'ED BY: 0 
Introduced by Senator Edgardo J. Angara 
EXPLANATORY NOTE 
Food-borne illness is a major health problem in the country, and is a leading cause of 
diarrhea. For the past 20 years, diarrhoeal disease ranked as the number one cause of 
morbidity in the Philippines, and is among the top ten causes of death. The World Health 
Organization estimates that dialThea kills around 10,000 Filipino children every year. 
The globalization of food production has made the task of keeping food safe for 
consumption even more difficult. The transfer of raw and processed food from one 
jurisdiction to another has also facilitated the transfer of pathogens, harmful chemicals, 
and residues of antibiotics or pesticides contained in food, among others. 
These factors call for a sound food regulatory system in the Philippines. Our current 
system is far from ideal: regulatory agencies have ill-defined mandates, which has led to 
over-extension and duplication of services, as well as gaps in regulation. There is also a 
problem with overlapping jurisdictions over specific functions and areas among local 
government units and various government agencies and departments. We lack a 
mechanism for coordination between the regulatory agencies, which could clarify the 
mandate of each and allow them to use their resources more effectively and efficiently. 
This bill provides for a comprehensive food safety regulation system in the Philippines, 
and outlines the responsibilities of food business operators and all the government 
agencies involved. It creates a Food Safety Regulation Coordinating Board which will 
ensure a coordinated approach to food safety regulation, and oversee the overall 
effectiveness of the system and of the research and training programs for food safety. 
It mandates the training of all stakeholders, including farmers, fisherfolk, small and 
medium scale food business operators, in understanding food safety requirements and 
regulations. 
Lastly, the bill also establishes a Rapid Alert System and emergency measures in cases 
of direct or indirect risk to human health due to food. 
In view of the foregoing, the immediate approval of this measure is earnestly sought. 


FIFTEENTH CONGRESS 
) 
CONGRESS OF THE PHILIPPINES ) 
First Regular Session 
) 
Senate Bill No. 2805 
Introduced by Senator Edgardo 1. Angara 
'11 
MAY -9 PI :59 
AN ACT TO STRENGTHEN THE FOOD SAFETY REGULATORY 
SYSTEM IN THE COUNTRY TO PROTECT CONSUMER HEALTH AND 
FACILITATE MARKET ACCESS OF LOCAL FOODS AND FOOD 
PRODUCTS, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I 
Title, Declaration of Policy and Objectives 
1 
SECTION 1. Title.- This Act shall be known as the "Food Safety Act of 2011. " 
2 
3 
SECTION 2. Declaratiolt of Policy.- It is the policy of the State to develop and 
4 
maintain a food safety regulatory system that will ensure the highest level of 
5 
protection of human health in the consumption of food, fair practices in the food 
6 
trade and market access oflocal foods and food products. 
7 
8 
SECTION 3. Objectives.- The objective of this Act is to strengthen the food safcty 
9 
regulatory system in the country by delineating the mandates and responsibilities 
10 
of government agencies involved, providing a mechanism for coordination and 
11 
accountability in the implementation of regulatory functions, establishing policies 
12 
and programs for addressing food safety hazards, 
developing appropriate 
13 
standards and control measures, strengthening the scientific basis of 
the 
14 
regulatory system, and upgrading the capability of farmers, fisherfolk, industries, 
15 
consumers and government personnel to play their roles in ensuring food safety. 
16 
17 
ARTICLE II 
18 
Definition of Terms 
19 
20 
SECTION 4. Definition of Terms.- With regards to this Act, the following key 
21 
definitions are given: 
22 
23 
(a) "Contaminants" refers to any substance not intentionally added to food 
24 
which is present in such food as a result of the production (including 
25 
operations carried out in crop husbandry, animal husbandry and veterinary 
26 
medicine) manufacturing, processing, preparation, treatment, packing, 
27 
packaging, transport or holding of such food as a result of environmental 


contamination. The item does not include insect fragments, rodent hairs and 
2 
other extraneous matter. 
3 
4 
(b) "Control Measure" refers to any action and activity that can be used to 
5 
prevent or eliminate a food safety hazard or to reduce it to an acceptable 
6 
level. 
7 
8 
9 
(c) "Food" refers to any substance or product whether processed, partially 
10 
processed or unprocessed reasonably expected to be ingested by humans. 
11 
"Food" includes drinks, chewing gum and water which is intentionally 
12 
incorporated into the food during is manufacture, preparation and treatment. 
13 
"Food" shall not include feeds, live animals unless they are prepared for 
14 
placing in the market for human consumption, plants prior to their 
15 
harvesting, medicinal products, cosmetics, tobacco and tobacco products, 
16 
narcotics or psychotropic substances 
17 
18 
(d) "Feed" refers to any substance or product including additives, intended to 
19 
be used for oral feeding (0 animals. 
20 
21 
(e) "Food Business" refers to any undertaking whether public or private 
22 
carrying out any of the activities related to or at any of the stages of the 
23 
food supply chain. 
24 
25 
(1) "Food Business Operator" refers to the person responsible for ensuring 
26 
that the requirements of food law are met within the food business under 
27 
his/her control. 
28 
29 
(g) "Food Hygiene" (hereinafter called Hygiene) refers to the measures and 
30 
conditions necessary to control hazards that create food safety risks and to 
31 
ensure iltness for human consumption of a food of plant or animal origin 
32 
taking into account its intended use. 
33 
34 
(h) "Food Law" refers to (he laws, regulations and administrative provisions 
35 
governing food in general and food safety in particular. They cover any 
36 
stage of production, processing and distribution of food and its preparation 
3 7 
for human consumption. 
38 
39 
(i) "Food Safety" refers to the assurance that food will not cause harm to the 
40 
consumer when it is prepared and/or eaten according to its intended use. 
41 
42 
U) "Food Safety Regulatory System" refers to the combination of regulations, 
43 
food safety standards, inspection, testing, data collection and surveillance 
44 
carried out by each of the three government agencies in the implementation 
45 
of their responsibilities for the control of food safety risks in the food 
46 
supply chain. 
47 
48 
(k) "Food Supply Chain" refers to all stages in the production of food fr0111 
49 
primary production, postharvest handling, distribution, processing and 
50 
preparation for human consumption. Primary production includes farming 
51 
of plants and live animals, aquaculture production of seafoods, and the 
52 
"catching" of marine fishes at sea. Postharvest handling includes minimal 
2 


transformation of plant and animal foods after primary production such as 
2 
removal of field heat for fruits, slaughter of animals, sorting and grading, 
3 
icing and freezing, and the milling of grain. Distribution includes transport 
4 
and storage. Processing involves extensive transformation of food as 
5 
canning, manufacture of juices, dehydration, and the packaging of products. 
6 
Preparation is the cooking or other preparations to which food is subject 
7 
prior to its consumption. 
8 
9 
(1) "Hazard Analyses at Critical Control Points (or HACCP) " refers to the 
1 0 
scientific and systematic method of ensuring food safety by identifying and 
11 
assessing potential risks critical to food safety existing at points during a 
12 
given stage in the food supply chain, such as points in the processing of a 
13 
food. It also pertains to methods of establishing permanent control methods 
14 
at such points. These points are known as critical control points. They are 
15 
points in any of the stages in the food chain (raw materials, location, 
16 
process, recipe of the food, transportation etc.) which should be controlled 
17 
to eliminate or reduce risks to an acceptable level. 
18 
19 
(m) 
"Hazard" refers to a biological, chemical or physical agent in a food 
20 
with a potential to cause an adverse effect on health. 
21 
22 
(n) "Inspection" refers to the examination of facilities of food business or 
23 
establishment and their management and production systems. This also 
24 
deals with: examination of these entities' documents, finished product 
25 
testing and feeding practices (for animal foods), and of the origin and 
26 
destination of production inputs and outputs. This is in order to verify 
27 
compliance with legal requirements in all cases. 
28 
29 
(0) "Micro, Small, Medium and Large Scale Industries" refers to a 
30 
classification of industries of the Department of Trade and Industry. 
31 
32 
(p) "National Codex Organization" refers to the organization created by a 
33 
Joint Department Order, Department of Agriculture Administrative Order 
34 
No 0 I Series of 2008 and Department of Health, Administrative Order No 
35 
2008-0030. It establishes the policies and procedures, and defines the 
36 
objectives to be reached in country participation at the Codex Alimentarius 
37 
Commission. The latter is an organization under the aegis of the Food and 
38 
Agriculture Organization and the World Health Organization that develops 
39 
and adopts science-based food safety standards, codes of practice and other 
40 
texts, for the protection of consumer health and fair trade. 
41 
42 
(q) "Official Control" refers to all types of control made by the regulatory 
43 
agency to verily compliance with standards, operating procedures, practices 
44 
and other requirements. 
45 
46 
(r) "Primary Production" refers to the production, rearing or growing of 
4 7 
primary products including harvesting, milking and farmed animal 
48 
production prior to slaughter; and the rearing and growing of fish and other 
49 
seafoods in aquaculture ponds. It also includes fishing, and the hunting and 
50 
catching of wild products. 
51 
3 


1 
(s) "Processing" refers to any action that substantially alters the initial product 
2 
including heating, 
smoking, 
curing, 
maturing, 
drying, 
marinating, 
3 
extraction, extrusion and a combination of those processes. 
4 
5 
(t) "Risk" refers to the likelihood of an adverse health effect and the severity 
6 
of this effect following exposure to a hazard 
7 
8 
(u) "Risk Analysis" refers to a process consisting of three interrelated 
9 
components: risk assessment, risk management and risk communication. 
10 
11 
(v) "Risk Assessment" refers to the scientific evaluation of known or potential 
12 
adverse health effects resulting from human exposure to food-borne 
13 
hazards. The scientific process 
consists of four phases, namely: hazard 
14 
identification, hazard characterization, exposure assessment and risk 
15 
characterization. It includes quantitative risk assessment, which emphasizes 
16 
reliance on numerical expressions of risk, and also qualitative expressions 
17 
of risks, as well as an indication of the attendant uncertainties. 
18 
19 
(w) 
"Risk Management" refers to the process, distinct from risk 
20 
assessment, consisting of weighing policy alternatives to accept, minimize 
21 
or reduce assessed risks and if necessary, to select and implement 
22 
appropriate prevention and control measures. It is carried out in 
23 
consultation with interested parties, considering the results of risk 
24 
assessment and other possible factors. 
25 
26 
(x) "Risk Communication" refers to the interactive exchange of information 
27 
and opinions during the course of risk analysis, on the hazards and risks; 
28 
among risk assessors and risk managers, consumers, food and feed business 
29 
operators, academia and other stakeholders including explaining the results 
30 
of risk assessment and risk management decisions and databases. 
31 
32 
(y) "Regulatory Agency" refers to a particular agency in the Department of 
33 
Health or the Department of Agriculture in the Philippines, responsible for 
34 
verifying compliance with official measures for the control of food safety 
35 
risks, and for compliance with the requirements of this Act. It is also any 
36 
other agency to which specific powers have been assigned or delegated by 
37 
the regulatory agency to carry out the above tasks. 
38 
39 
(z) "Safe for Human Consumption ", in relation to food, means it has been 
40 
produced by applying all food safety requirements appropriate to its 
41 
intended use; it meets criteria for product performance and process arrived 
42 
at from an analysis of risks for specified hazards; it does not contain 
43 
hazards at levels that are harmthl to human health as defined by national 
44 
regulations or international standards when national standards do not exist. 
45 
46 
(aa) "Traceability" refers to the ability to trace and follow a food, feed, a food 
47 
producing animal or any snbstance intended to be or expected (0 be 
48 
incorporated into a food or feed through all stages of its production, 
49 
processing and distribution. 
50 
51 
52 
ARTICLE III 
Basic Principles of Food Safety 
4 


1 
2 
SECTION 5. Food Safety Requirements- To ensure food safety, food should not 
3 
be placed in the market if it is unsafe. Food safety requirements shall also be 
4 
guided by the following principles: 
5 
6 
(a) Food shall be deemed unsafe if it is determined to be injurious to health and 
7 
unfit for human consumption 
8 
9 
(b) In determining whether food IS unsafe, regard shall be given to the 
10 
following: 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
I. The normal conditions of use of the food by the consumer. 
2. The normal conditions maintained at each stage of 
production, processing and distribution. 
3. The health of plants and animals from where the food 
IS 
derived. 
4. The effect of feeds, crop protection chemicals and other 
production inputs on otherwise healthy plants and animals. 
5. To the information provided to the consumer. This includes 
the information provided on the label or any information 
generally available to the consumer. This should aid 
consumers avoiding specific health effects from a particular 
food or category offoods. 
26 
(c) In determining whether any food is injurious to health, regard shall be 
27 
given to the following: 
28 
29 
I. The probable immediate, short term or long term effects on 
30 
subsequent generations, of that food on health. 
31 
2. The probable cumulative effects. 
32 
3. The particular health sensitivities of a specific category of 
33 
consumers where the food is intended for that category. 
34 
35 
(d) In determining whether any food is unfit for human consumption, regard 
36 
shall be given to determining unacceptability of the food according to its 
37 
intended use due to contamination by extraneous matter, or through 
38 
putrefaction, deterioration or decay. 
39 
40 
(e) Where unsafe food is part of a batch, lot or consignment of food of the 
41 
same class or description, it shall be presumed that all food in that batch, lot 
42 
or consignment is also unsafe 
43 
44 
(t) Food that complies with specific national provisions governing food safety 
45 
shall be deemed safe in so far as the aspects covered by national law and 
46 
regulations are concerned. 
47 
48 
(g) Compliance of a food product with specific provisions applicable to that 
49 
food shall not prejudice the competent authorities to take appropriate 
50 
measures to impose restrictions on entry into the market or to require its 
51 
withdrawal from the market, where there is reason to suspect and the food 
52 
product shows, food safety related risks. 
5 


I 
2 
ARTICLE IV 
3 
General Principles 
4 
5 
SECTION 6. 
Food Law Objectives- Food law shall aim for a high level of 
6 
protection of human life and health in the consumption of food. It shall also aim 
7 
[or the protection o[ consumer interests through fair practices in the food trade. 
8 
9 
SECTION 7. Use of Science and Risk Ana/ysis- the following principles shall 
10 
serve as basis for the use of science and risk analysis: 
11 
12 
(a) The development of food legislation and standards and the conduct of 
13 
inspection and other activities shall be based on the analysis of risk, except 
14 
where this approach is not feasible due to circumstances, or due to the 
15 
nature of the control measure. 
16 
17 
(b) Risk assessment shall be based on sound scientific evidence and shall be 
18 
undertaken in an independent, objective and transparent manner. Scientific 
19 
information as obtained from scientific literature, epidemiological and 
20 
surveillance studies, other data that supports the risk assessment shall be 
21 
used. 
22 
23 
(c) Risk management shall take into account the results of risk assessment 
24 
relevant to local conditions, potential for enforcement, costs of compliance 
25 
and others as relevant to the situation. 
26 
27 
(d) Risk communication shall be carried out between risk assessors and risk 
28 
managers in a transparent manner. Food safety risks shall also be 
29 
communicated 
to 
farmers, fisherfolk and food business operators to 
30 
encourage compliance with the implementation of control measures; and 
31 
to relevant sectors of society affected by the law or the risks addressed, in 
32 
order to strengthen confidence in its provisions. 
33 
34 
(e) Food business operators are encouraged to implement a HACCP-based 
35 
system for food safety assurance in their operations. Training on hazard 
36 
analysis and the selection and management of critical control points shall 
37 
be provided to industry and government by accredited HACCP lrainors. 
38 
39 
SECTION 8. Protection of Consumer Interests-
Consumer interest shall be a 
40 
vital consideration in food safety, thus: 
41 
42 
(a) Food legislation shall aim at the protection of consumer's interests by the 
43 
prevention o[ fraudulent practices, and practices which mislead the 
44 
consumer. 
4S 
46 
(b) The labelling, advertising and presentation of food, including their shape, 
47 
appearance or packaging, the packaging materials used, the manner in 
48 
which they are arranged, the setting in which they are displayed, and the 
49 
product description, information which is made available about them 
50 
through whatever medium, shall not mislead consumers. Where relevant, 
51 
the presentation of goods shall provide consumers a basis to make informed 
52 
choices in relation to the food they purchase. 
6 


2 
SECTION 9. Use of International Standards- When international standards exist 
3 
these shall be taken into consideration for adoption into food law in accordance 
4 
with the following policies: 
5 
6 
(a) The standards of the Codex Alimentarius Commission shall be adopted into 
7 
national laws; except when these are in conflict with what is necessary to 
8 
protect consumers and scientific justification exists for the action taken. 
9 
10 
(b) A body jointly organized by the DA and the DOH shall establish the 
11 
policies and procedures for country participation in the standards making 
12 
processes of the Codex Alimentarius Commission and the incorporation of 
13 
Codex standards into national regulations. The current National Codex 
14 
Organization with its Terms of Reference and Manual of Operations is 
15 
herein designated as this body. 
16 
17 
(c) Participation at Codex shall be in accordance with the principles of this Act 
18 
and shall be financially supported by the government. 
19 
20 
SECTION 10. Precaution - In specific circumstances when the available relevant 
21 
information for use in risk assessment is insufficient to show that a food does not 
22 
pose a risk to consumer health, precautionary measures shall be adopted. When 
23 
such precautionary measures are issued, the following rules shall govern: 
24 
25 
26 
(a) The adopted measure shall remain enforced pending the submission of 
27 
additional information for a more objective assessment of risk and after a 
28 
review of the measure over a reasonable period of time depending on the 
29 
nature of the risk and the type of scientific information needed to clarify the 
30 
scientific uncertainty. 
31 
32 
(b) The measure shall be no more restrictive to trade than required and should 
33 
be proportionate to the level of protection required for consumers. 
34 
35 
SECTION 11. Transparency - The implementing agencies shall utilize public 
36 
consultation and public information dissemination to ensure transparency in the 
37 
regulation of food. 
38 
39 
(a) Public consultation - Public consultation during the preparation, evaluation 
40 
and revision of food legislation, shall be open, transparent and direct or 
41 
through representative bodies unless the urgency of the problem does not 
42 
allow it. 
43 
44 
(b) Public information - In case of suspicion that food may pose a risk to 
45 
human health, regulatory authorities shall take appropriate steps to inform 
46 
the general public about the nature of the risk to health, the affected foods, 
47 
types of food and the necessary measures to prevent, reduce or eliminate 
48 
the risk 
49 
50 
SECTION 12. Application to Trade - The provisions of this Act shall apply to 
51 
foods and food products produced, processed, distributed and prepared for the 
7 


domestic and export markets. Imported food must also be in compliance with this 
2 
Act and with international agreements to which the Philippines is party. 
3 
4 
5 
6 
ARTICLE V 
7 
Responsibilities for Food Safety 
8 
9 
SECTION 13. 
Principal Responsibility of Food Business Operators - Food 
10 
business operators at all stages of production, processing and distribution shall 
11 
ensure that food satisfies the requirements of food law relevant to their activities in 
12 
the food supply chain and shall verify that such requirements are met. 
13 
14 
SECTION 14. SpecifiC Responsibilities of Food Business Operators- Food 
15 
business operators shall have the following responsibilities under this Act: 
16 
17 
(a) Food business operators shall be knowledgeable of the specific 
18 
requirements of food law relevant to their activities in the food supply chain 
19 
and the activities of the government agencies that implement it. They shall 
20 
adopt and apply and be well informed of codes and principles for good 
21 
practice. Farmers and fisherfolk and micro and small industries shall be 
22 
assisted to adopt these in their operations. 
23 
24 
(b) If a food business operator considers or has reason to believe that a food 
25 
which it produced, processed, distributed or imported is not safe or not in 
26 
compliance with food safety requirements, it shall immediately initiate 
27 
procedures to withdraw the food in question from the market and inform 
28 
the regulatory authority. 
29 
(c) Food business operators shall collaborate with the regulatory authorities on 
30 
action taken to avoid or reduce risks posed by a food which they supply or 
31 
have supplied. 
32 
33 
(d) Where the product may have reached the consumer, the operator shall 
34 
effectively and accurately inform the consumers of the reason for the 
35 
withdrawal, and if necessary, recall from consumers products already 
36 
supplied to them when other measures are not sufficient to achieve a high 
37 
level of health protection. 
38 
39 
SECTION 15. Principal Responsibilities of Government Agencies ~ Under this 
40 
Act, government agencies shall have the following responsibilities: 
41 
42 
(a) The Department of Agriculture (DA), Department of Health (DOH) shall be 
43 
responsible for food safety in specified stages of the food supply chain, the 
44 
DA in the primary production and postharvest stages, the DOH in the 
45 
processing and packaging stages. The DILG shall supervise the Local 
46 
Government Units' (LGU) enforcement of food safety and sanitary rules 
47 
and regulations as well as the latter's inspection and compliance monitoring 
48 
of business establishments and facilities within its territorial jurisdiction 
49 
engaged in all stages of the food supply chain. It shall be jointly responsible 
50 
with LGU's for the safety of food produced, processed and distributed 
51 
within the municipalities, including restaurants and other food service 
52 
establishments and street vended foods. 
8 


2 
(b) The DA and the DOH shall be responsible for the establishment of policies 
3 
and of food safety standards. In carrying out this mandate, they shall 
4 
coordinate with the DILG, conduct surveillance for biological, chemical 
5 
and physical contaminants, epidemiological studies on food borne-illness 
6 
and other research activities. The data from these activities will be used for 
7 
evaluating the nature and sources of food safety hazards in the food supply 
8 
chain and the analysis of risks due to these hazards. 
9 
10 
(c) The DA, DOH and DILG shall verify through their relevant activities and 
11 
through the coordination of these activities within the FSRCB, that 
12 
appropriate control measures to conform with standards are enforced and 
13 
that all laws, standards and regulations are implemented by food business 
14 
operators, farmers and fisherfolks. For this purpose, the DA and the DOI-I 
15 
in compliance with their responsibilites for food safety in the food supply 
16 
chain shall provide training programs to food control of Ii cia Is of the DILG 
17 
and LGU's and audit through the DILG, the effectivity of training programs 
18 
and control measures implemented in the municipalities. A system of 
19 
official controls and other activities shall be maintained by each agency as 
20 
appropriate to the circumstances. 
21 
22 
(d) Delegation of responsibilities for the performance of official controls can 
23 
be carried out. Provisions shall be made on the conditions under which this 
24 
shall take place. 
25 
26 
(e) The DA and the DOI-I shall provide technical support to the DILG in the 
27 
training of manpower, on the enforcement of food safety regulations, 
28 
testing of product samples and others. They shall ensure through relevant 
29 
procedures that the DILG participates in national projects and activities on 
30 
food safety including those of the National Codex Organization 
31 
32 
SECTION 16. Specific Responsibilities oftlte Department of Agriculture (DA)-
33 
The Department of Agriculture shall have the following responsibilities: 
34 
35 
(a) The DA shall be responsible for the development of standards and the 
36 
enforcement of standards and food safety regulations at the primary 
37 
production and postharvest handling stages of the food supply chain and of 
38 
the foods and food products locally produced or imported in this category. 
39 
Changes to this provision shall be made through the Food Safety 
40 
Regulation Coordinating Board (FSRCB) under Article VI of this Act. 
41 
42 
(b) The primary production activities in the food supply chain as defined in this 
43 
Act includes among others, the farming of plants and live animals for food 
44 
(including its milk and eggs), farming of seafoods and the catching of 
45 
tishes and marine products at sea. The postharvest handling activities 
46 
includes but is not limited to animal slaughter and its processes, grain 
47 
milling and its processes, freezing and its processes; and simpler activities 
48 
as washing, sorting, icing and cutting of fresh plant and animal foods. 
49 
50 
(c) The DA shall ensure through relevant activities and through the 
51 
coordination of these activities with the DOH and the DILG that the 
9 


standards and regulations enforced shall include but will not be limited to 
2 
the following: 
3 
4 
I. The health of animals used for food. 
5 
2. The safety of the water supply in agricultural farms, aquaculture 
6 
farms and bodies of water where fish and marine products are 
7 
caught. 
8 
3. The safety of feed ingredients and feeds for animals used for food. 
9 
4. The safe use of allowed agricultural chemicals and other production 
10 
inputs. 
II 
5. Sanitation in production and postharvest handling facilities such as 
12 
facilities for dehusking, deshelling, drying of palm fruit, packing 
13 
houses for fruits and vegetables, animal houses, holding and 
14 
fattening pens, vapour heat treatment plants for fruits ,grains and 
15 
other 
food 
warehouses, 
ships, 
fish 
ports, 
trading 
posts, 
16 
slaughterhouses and similar facilities. 
17 
6. Maximum allowed levels of contaminants as residues of pesticides 
18 
and of veterinary drugs in plant and animal foods, pathogenic 
19 
microorganisms, fungal toxins in grains and other foods and other 
20 
hazards in the production and post harvest handling stages of the 
21 
food supply chain. 
22 
7. Procedures for traceability. 
23 
8. Other components of good agricultural, 
animal husbandry, 
24 
aquaculture and manufacturing practices. 
25 
26 
Specifically, the DA shall monitor and verify that the relevant 
27 
requirements of the law are fulfilled by farmers and fisherfolk and food 
28 
business operators of domestically produced and imported foods in this 
29 
category. 
30 
31 
(d) The DA shall carry out surveillance studies for contaminants in plant and 
32 
animal foods and in the environment in coordination with other government 
33 
departments through the FSRCB. 
34 
35 
(e) The DA Secretary shall designate the food safety regulatory agencies that 
36 
will be responsible for food safety regulatory functions at the DA and 
37 
clearly describe their mandates. The current regulatory agencies of the DA 
38 
are the following: the Bureau of Animal Industry (BAI, for live animals), 
39 
the National Meat Inspection Service (NMIS, for the safety of meats), the 
40 
Bureau of Fisheries and Aquatic Resources (BFAR, for the safety of 
41 
fisheries and aquaculture products particularly those exported to the EU), 
42 
the Bureau of Plant Industry (BPI, for plant foods), the Fertilizer and 
43 
Pesticide Authority (FPA, for pesticides) the Philippine Coconut Authority 
44 
(PCA, for coconut), the Sugar Regulatory Commission (SRC, for sugar) 
4S 
and the National Food Authority (NFA, for rice and corn). 
46 
47 
(f) On an interim basis. the Office of the Undersecretary for Policy and 
48 
Planning Project Development and R&D shall exercise oversight of the 
49 
regulatory functions of agencies designated by the Secretary in section 16e 
50 
to undertake the regulation of food safety. 
It shall be provided with the 
51 
needed personnel and funds to carry out this task. 
52 
10 


(g) On a permanent basis, the Office of the Undersecretary for Policy and 
2 
Planning, Project Development and R&D shall exercise supervision over 
3 
codex activities, the development of food safety standards, the management 
4 
of food testing laboratories and the implementation of research and training 
5 
activities in the production and postharvest portions of the food supply 
6 
chain, as designated in this Act. The Office shall be the Codex Contact 
7 
Point. It shall be provided with the needed functional divisions, experienced 
8 
manpower, incremental staffing and funds for the exercise of these 
9 
permanent functions. 
10 
11 
(h) As it has several agencies with food safety regulatory mandates as well as 
12 
other 
related regulatory responsibilities (as plant health and animal 
13 
health), the DA shall create a permanent Undersecretary and Office for 
14 
Regulations to include Food Safety Regulation. The interim functions of the 
15 
Office of the Undersecretary for Policy and Planning, Project Development 
16 
and R&D under Sec.16 (1) shall be transferred to this Office as soon as it is 
17 
created. The new Office shall be strengthened with appropriate functional 
18 
divisions, incremental personnel and tunds to carry out its task. 
19 
20 
(i) The Bureau of Agriculture and Fisheries Product Standards (BAFPS) shall 
21 
establish food safety standards at the primary production and postharvest 
22 
stages of the food supply chain and the appropriate mechanisms for 
23 
carrying this out. BAFPS will be under the administrative supervision of 
24 
the Office of the Undersecretary for Policy and Planning, Project 
25 
Development and R&D. 
26 
27 
Cj) The Food Development Center shall be transferred from the National Food 
28 
Authority to the DA as the Food Safety and Quality Development Center 
29 
(FSQDC) under the Office of the Undersecretary for Policy and Planning, 
30 
Project Development and R&D. It shall supervise food safety testing 
31 
laboratories at the DA and manage the training and research programs of 
32 
the DA as indicated in Article IX. 
33 
34 
(k) The FSQDC shall have the following other functions: 
35 
36 
1. Conduct 
food 
testing 
for 
contaminants 
(chemical 
and 
37 
microbiological) 
as the official DA laboratory for contaminants 
38 
testing. 
39 
2. Identify, establish and verify food safety control measures as 
40 
delegated by the DA for which the DA has no agency with a food 
41 
safety regulatory mandate. 
42 
3. Conduct training for DA personnel and the industry on HACCP and 
43 
other training courses within its area of expertise. Develop new 
44 
training courses as required. 
45 
4. 
Provide other technical services to the DA and its food safety 
46 
regulatory agencies in the implementation of their food safety 
47 
mandates. 
48 
The FSQDC shall be under the supervision of the Office of the 
49 
Undersecretary for Policy and Planning, Project Development and R&D. 
50 
51 
(I) The services of FSQDC to the DA and other clients shall be provided on a 
52 
fee for service basis in accordance with its current poliCies. The FSQDC 
11 


shall continue to provide all other technical services it currently provides to 
2 
the industry to ensure product quality and safety. 
3 
4 
(m) 
The FSQDC shall be allowed to retain the fees collected from the 
5 
provision of services. This shall constitute a revolving fund that FSCDC 
6 
can use to defray its operating expenses. This is necessary as delays in the 
7 
release of budgetary allocations may not make it possible for the Center to 
8 
provide technical services efficiently and as planned. A revolving fund 
9 
from retained fees shall be created for this purpose. 
10 
11 
(n) The FSQDC shall be strengthened in terms of establishing functional 
12 
divisions and incremental staffing to implement this mandate including 
13 
upgrading of equipment and facilities as provided for in DA programs. An 
14 
initial budget of One Hundred Fifteen Million Philippine Pesos (PhpIIS, 
15 
000, 000.00) shall be appropriated for the initial year of implementation of 
16 
this Act. Thereafter such amount or as may be necessary for the continuous 
17 
operation of the FSQDC shall be included in the General Appropriations 
18 
Act. The assets and facilities of the FSQDC shall be transferred to the DA. 
19 
20 
SECTION 17. Specific Responsibilities of the Department of Health (DOH) -
21 
The Department of Health shall have the following responsibilities: 
22 
23 
(a) The DOH shall be responsible for the development of standards and the 
24 
enforcement of standards and the implementation of food safety 
25 
regulations at the processing and product packaging stages of the of the 
26 
food supply chain and of the foods and food products locally produced or 
27 
imported in this category. Changes to this provision shall be made through 
28 
the Food Safety Regulation Coordinating Board under Article VI of this 
29 
Act. 
30 
31 
(b) The activities in the processing and product packaging stages of the food 
32 
supply chain as defined in this Act includes among others, the application 
33 
of pre-processing and processing techniques on plant and animal foods 
34 
that substantially changes the form and quality of the plant or animal used 
35 
as raw material. Products in this category are sold in packaged form 
36 
directly to the consumer, are processed before or after packaging to obtain 
37 
the quality and stability desired and are labelled to provide appropriate 
38 
information regarding the product, to the consumer. 
39 
40 
( c) It shall ensure through relevant activities and through the coordination of 
41 
these activities with the DA and DILG through the FSRCB, that standards 
42 
and regulations in food law at the processing and pre-packaging stages of 
43 
the food supply chain, are enforced. This shall include but will not be 
44 
limited to standards for the following: 
45 
46 
I. Good Hygienic and Manufacturing Practices, 
47 
2. Traceability, 
48 
3. Safety of ingredients and packaging materials, 
49 
4. Adequacy of thermal and non-thermal processing procedures, 
50 
5. Safety of functional foods and nutraceuticals, 
51 
6. Safe use of allowed food additives and processing aids, 
52 
7. Absence of unallowed chemicals and biological contaminants, 
12 


2 
3 
4 
5 
8. Maximum levels of unavoidable chemical and biological 
contaminants, 
9. Proper labelling and use oflabel claim, 
10. Others as identified. 
6 
(d) The food safety regulatory agency of the DOH is the Food and Drug 
7 
Administration (FDA) as defined by RA 3720 and RA 9711. It shall be 
8 
provided with 
adequate qualified personnel, functional divisions and 
9 
funds to implement its responsibilities as indicated in this Act. 
10 
11 
( e) The enforcement of this mandate requires coordination with the DA in the 
12 
designation of responsibilities at stages in the food supply chain where 
13 
their mandates overlap as ensuring safety of meat (under the mandate of 
14 
the DA) for processing into canned meat, or fish for canned fish and 
15 
others. 
16 
17 
(f) The DOH as the authority on the short and long term effects of food safety 
18 
hazards on human health shall conduct and document epidemiological 
19 
studies on food-borne illness for use in risk assessment. It shall establish 
20 
the food safety risk assessment bodies required for this purpose. It shall be 
21 
strengthened in terms of establishing functional divisions and incremental 
22 
staffing and funds to carry out this function. 
23 
24 
SECTION 18. Specific Responsibilities of the Department of Interior and Local 
25 
Government (DILG) - The DILG shall have the following responsibilities: 
26 
27 
(a) The DILG shall be responsible for the enforcement of the Code of 
28 
Sanitation, the food standards developed by the DA and the DOH and the 
29 
enforcement of food safety regulations at the municipal level. Changes to 
30 
this provision shall be made through the Food Safety Regulation 
31 
Coordinating Board under Article VI of this Act. 
32 
33 
(b) It shall ensure through relevant activities and through the coordination of 
34 
these activities with the DA and the DOH and through the FSRCB, that 
35 
sanitation standards and relevant food safety standards are enforced in the 
36 
municipalities particularly in slaughterhouses, public markets and in micro 
37 
and small food establishments where food is processed, prepared andlor 
38 
sold. This shall include but will not be limited to the enforcement of the 
39 
following standards: 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
I. Sanitation as indicated in the Sanitation Code PD 856 particularly in 
public markets, slaughterhouses, micro and small food processing 
establishments and public eating places. 
2. Code for Good Slaughtering Practices. 
3. Code for Proper Food Handling. 
4. Code for Good Hygienic and Manufacturing Practices. 
5. Safe use of food additives, processing aids and sanitation chemicals. 
6. Proper labelling of pre-packaged foods. 
50 
(c) The DILG shall support the DOH and the DA in the collection and 
5 I 
documentation of food-borne illness data, surveillance and research. 
52 
13 


(d) The DILG shall participate in training programs, standards development 
2 
and other food safety activities taking place at the national level in 
3 
coordination with the DA and the DOH. 
4 
5 
6 
Article VI 
7 
Creation of a Food Safety Regulation Coordinating Board (FSRCB) 
8 
9 
SECTION 19. Powers and Functions. - A food Safety Regulation Coordinating 
10 
Board is hereby created which shall have the following powers and functions: 
11 
12 
(a) Authority to link the mandates, control functions and activities of the DA, 
13 
the DOH and the DILG in food safety regulation and modify these as 
14 
needed due to changing requirements of markets, new technologies, new 
15 
food safety risks and other causes. 
16 
17 
(b) Identify agency/s responsible for enforcement when jurisdiction over 
18 
specific functions and areas overlap between the DA, DOH and DILG. 
19 
Ensure effective enforcement where a coordinated approach to food safety 
20 
regulation is necessary. 
21 
22 
(c) Establish the policies and procedures for coordination of regulatory systems 
23 
as implemented by the DA, the DOH and the DILG. 
24 
25 
(d) Evaluate the effectivity of standards, conformity assessment activities, the 
26 
performance of food testing laboratories and their accreditation to 
27 
international standards. Oversee the overall effectiveness of the food safety 
28 
regulatory system and of the research and training programs. 
29 
30 
(e) Designate which organization will implement food safety regulations in the 
31 
use of new technologies as biotechnology, nanotechnology, food irradiation 
32 
and others. 
33 
34 
(f) Coordinate crisis management and planning during food safety incidents 
35 
and monitor the Rapid Alert System for Foods as provided in Article VI of 
36 
this Act. 
37 
38 
SECTION 20. Orgal1izatiol1- Within 30 days from the effectivity of this Act, the 
39 
Secretaries of the DA, DOH and the DILG shall organize the FSRCB in 
40 
accordance with the following rules: 
41 
42 
(a) The FSRCB shall be chaired by the Secretary of the DA and co-chaired by 
43 
the Secretary of the DOH or their authorized representatives at the 
44 
Undersecretary level. The members of the FSRCB shall be the Heads of 
45 
food safety regulatory agencies of the DA, the DOH and a representative of 
46 
the DILG. A representative each from the DTI and the DOST at the 
47 
Director level shall also be included. 
48 
49 
(b) Within 12 months from the effectivity of this Act or earlier, the FSRCB 
50 
shall have completed its Procedural Manual as approved by the Chair and 
51 
Co-Chair of the FSRCB. The manual shall contain the rules for the conduct 
52 
of meetings, decision-making and others. Funds shall be allocated for the 
14 


expenses of a Working Group created by the FSRCB to prepare this 
2 
manual. 
3 
4 
5 
(c) The FSRCB shall have an administrative and technical secretariat at the 
6 
DOl-I. Both the DOH and the DA shall be strengthened and empowered in 
7 
terms of funding and establishing functional divisions and incremental 
8 
staffing to organize the administrative and technical personnel for the 
9 
operation of the FSRCB. 
10 
II 
(d) Funds shall also be allocated by the agencies to pay for the organization of 
12 
meetings as well as the expenses for the participation of members of the 
13 
FSRCB and secretariats as well as invited experts to the meetings. 
14 
IS 
SECTION 21. Accountability for Food Safety Regulation- The food safety 
16 
regulatory agencies of the DA, DOH and the DILG shall be 
individually 
17 
responsible for ensuring food safety at the stages of the food supply chain within 
18 
their specified mandates, functions and responsibilities. They shall also be 
19 
responsible to ensure the same for mandates, functions and activities that are 
20 
modified by agreement through the FSRCB. The FSRCB shall be responsible for 
21 
regulations that are implemented on a coordinated basis between the agencies. 
22 
23 
24 
ARTICLE VII 
25 
Crisis Management 
26 
27 
SECTION 22. Rapid Alert System - A rapid alert system for the notification of a 
28 
direct or indirect risk to human health due to food should be established by the 
29 
FSRCB as a network between regulatory agencies and other relevant agencies. 
30 
31 
SECTION 23. Emergency Measures - Where it is evident that food originating 
32 
from within the country or imported from another country is likely to constitute a 
33 
serious risk to human health, the Government shall immediately adopt one or more 
34 
of the following measures, depending on the gravity of the situation: 
35 
36 
(a) In the case of food of national origin: 
37 
1. Suspension of the placing on the market or use of the food 111 
38 
question. 
39 
2. Laying down special conditions for the food in question. 
40 
3. Any other appropriate interim measure. 
41 
42 
(b) In the case of food from another country: 
43 
1. Suspension of imports of the food from all or parts of the third 
44 
country concerned and, where applicable from the third country of 
45 
transit. 
46 
2. Laying down special conditions for the food in question from all or 
47 
part of the third country concerned. 
48 
3. Any other appropriate interim measures. 
49 
50 
SECTION 
24. 
Plall for Crisis Management- The regulatory agencies in 
51 
cooperation with other relevant government agencies shall prepare a general plan 
52 
for the management of a threat to food safety requiring coordinated action. This 
15 


plan shall specify the situations representing a direct or indirect risk to human 
2 
health deriving from food which are not likely to be prevented, eliminated or 
3 
reduced to an acceptable level by provisions in place. 
4 
5 
ARTICLE VIII 
6 
7 
8 
Implementation of Food Safety Regulations 
9 
SECTION 25. Policies on Official Controls - Official controls are established to 
10 
verify compliance with food law and shall be prepared by each agency. Official 
11 
controls include routine surveillance checks of food establishments and more 
12 
intensive checks involving inspections, verifications, audits, sampling and testing 
13 
of samples. The following shall govern the conduct of official controls: 
14 
15 
(a) Implementing regulations for official controls to be performed by each 
16 
agency 
shall also be prepared by each agency in accordance with the 
17 
principles established in this Act. 
18 
19 
(b) Official controls shall be based on appropriate techniques, implemented by 
20 
an adequate number of suitably qualified and experienced personnel and 
21 
with adequate funds, facilities and equipment to carry out their duties 
22 
properly. 
23 
24 
(c) Provisions shall be made for official controls to be delegated to other 
25 
competent bodies as decided by the regulatory agency and of the conditions 
26 
under which this shall take place. When official controls are delegated, 
27 
appropriate coordination and other procedures shall be in place and 
28 
effectively implemented. 
29 
30 
(d) The frequency of official controls shall be proportionate to the severity and 
31 
likelihood of occurrence of the food safety risks being controlled. 
32 
33 
(e) The regulatory agency or body performing official controls shall meet 
34 
operational criteria and procedures established by the agencies to ensure 
35 
impartiality and effectiveness. 
36 
37 
(f) Official controls shall be carried out on the basis of documented procedures 
38 
to ensure that these are carried out uniformly and are of a consistently high 
39 
quality. 
40 
41 
(g) The agencies responsible for the implementation of official controls shall 
42 
be strengthened and empowered in terms of funding and the establishment 
43 
of functional divisions and incremental staffing to perform official controls 
44 
according to the principles indicated in this Act. 
45 
46 
SECTION 26. 
Traceability - Traceability shall be established for certain 
47 
commodities at relevant stages of production, processing or distribution, when 
48 
needed to ensure compliance with food safety requirements. Traceability shall 
49 
identify production areas as fanns, and shall also be established for production 
50 
inputs as feeds, food additives, ingredients, packaging materials and other 
51 
substances expected to be incorporated into a food. To ensure traceability food 
52 
business operators are required to: 
16 


2 
(a) Identify any person or company from whom they have been supplied with: 
3 
1. A food, 
4 
2. A food-producing animal, 
5 
3. Production chemicals as pesticides and drugs, 
6 
4. Production and processing inputs as feeds, food additives, food 
7 
ingredients, packaging materials, or any substance expected to be 
8 
incorporated into a food. 
9 
10 
(b) Have in place, systems and procedures which allow this information to be 
11 
available to the regulatory authorities on demand. 
12 
(c) Have in place systems and procedures to identify the other businesses to 
13 
which their products have been supplied. This information shall be made 
14 
available to the regulatory authorities on demand. 
15 
16 
SECTION 27. 
Registration of Establishments - Any food establishment or 
17 
foreign food establishment or food business operator engaged in production, 
18 
postharvest handling, processing, packing, holding or producing food for 
19 
consumption shall be registered. Special derogations shall be provided due to 
20 
geographical location and after an assessment of risks, especially for micro, small 
21 
and medium sized operators. 
22 
23 
SECTION 28. Inspection of Food Business Operators - Regular inspection of 
24 
food business operators shall be performed by the regulatory authorities or the 
25 
control bodies delegated to conduct the activity. In addition, the following rules 
26 
shall be followed in the conduct of inspections: 
27 
28 
(a) The frequency of inspection shall be based on the assessment of risks. 
29 
Establishments producing high risk foods or carrying out high risk activities 
30 
shall be inspected more frequently. 
31 
32 
(b) Inspection shall take into account mandatory food safety standards, the 
33 
results of HACCP inspections, the implementation of good practices and 
34 
other requirements of regulations. 
35 
36 
(c) Unscheduled inspections shall be carried out as needed. 
37 
38 
(d) Inspectors shall have defined skills and shall be regularly evaluated by 
39 
suitable procedures to verify their continuing competence. Training and 
40 
appropriate procedures should also be in place to ensure that the results of 
41 
inspection are interpreted in a uniform way. 
42 
43 
SECTION 29. Food Laboratory Testing - Food testing shall be carried out by 
44 
laboratories accredited to international standards. They shall work in accordance 
45 
with internationally approved procedures or criteria-based performance standards 
46 
and methods of analysis that have, as far as possible, been validated. To be 
47 
accredited, the laboratories must meet the following requirements: 
48 
49 
(a) The laboratories shall be adequately funded. 
50 
51 
(b) They shall be professionally managed and organized to ensure the 
52 
absence of a conflict of interest situation in the conduct of testing. 
17 


2 
(c) The laboratories shall be responsible for providing evidence of the 
3 
credibility of test results from submitted samples. 
4 
5 
(d) The agencies through the FSRCB shall minimize duplication in testing 
6 
to the extent feasible in order to achieve efficiency in laboratory operations. 
7 
8 
9 
10 
11 
ARTICLE IX 
Training, Consumer Education and Research 
12 
SECTION 30. Training - Farmers and fisherfolks and micro, small and medium 
13 
scale food business operators as well as government personnel shall be trained on 
14 
the requirements of food safety regulations and the understanding of these 
15 
requirements. 
Industry personnel and fanners and fisher folks shall be further 
16 
trained on the codes of good practice relevant to their activities. Government 
17 
personnel shall be further trained on the scientific basis for the provisions of the 
18 
law. Other training needs shall be implemented as identified. The following rules 
19 
shall be followed in the establishment of the training programs: 
20 
21 
(a) The training program shall be developed by the FSQDC or other agencies 
22 
and private organizations accredited to provide the required training. 
23 
24 
(b) A consumer education program shall be developed by the DA, the DOH 
25 
and the DILG as appropriate to the circumstances. 
26 
27 
(c) Funds will be provided for the development and implementation of training 
28 
and consumer education programs. 
29 
30 
SECTION 31. Food-borne Illness Monitoring, Surveillance and Research -
31 
The government through the FSRCB and in support of risk analysis, shall 
32 
implement a program for food borne illness monitoring, surveillance for hazards in 
33 
the food supply chain and establishment of other data for risk assessment. It shall 
34 
implement other research activities as technologies for assisting industries to 
35 
comply with regulations. The Bureau of Agricultural Research of the DA and the 
36 
Department of Science and Technology in cooperation with the FSRCB shall 
37 
establish the mechanisms for the conduct of research in these areas. 
38 
39 
ARTICLE X 
40 
Policy on Fees 
41 
42 
SECTION 32. Policy on Fees - Fees may be collected and retained by the agency 
43 
for the inspection of production and processing facilities and for the laboratory 
44 
testing of food samples. Fees shall be based on an officially approved procedure 
45 
for estimating 
the cost of the activity undertaken. The fees retained shall 
46 
constitute the Revolving Fund for the agency to augment existing appropriations 
47 
therefore subject to government accounting and auditing rules and regulations. 
48 
49 
ARTICLE XI 
so 
Penalties and Sanctions 
51 
18 


I 
SECTION 33. Civil and Criminal Penalties - The specific laws of each agency 
2 
will lay down the rules on measures and penalties applicable to infringements of 
3 
this Act. Where there are no such specific laws, any person that violates this Act 
4 
may be assessed a penalty of not more than One Million Pesos (PhPl,OOO,OOO) for 
5 
such act or other measures as mandatory training that will prevent the said 
6 
violation. The violations and penalties shall be specified by the Secretaries of the 
7 
DA and the DOH in the implementing Rules and Regulations (IRR). 
8 
9 
ARTICLE XII 
10 
Transitory Provisions 
II 
12 
SECTION 34. Implementing Rules and Regulations (IRR) - The IRR shall be 
13 
prepared jointly by the DA and the DOH ninety (90) days from the creation of the 
14 
FSRCB or no more than 120 days after the effectivity of this Act. 
15 
16 
ARTICLE XIII 
17 
Miscellaneous and Final Provisions 
18 
SECTION 35. Separability Clause - If any provision of this Act is declared 
19 
invalid or unconstitutional, the other provisions not affected thereby shall remain 
20 
in full force and effect. 
21 
22 
SECTION 36. Repealing Clause - All laws, presidential decrees, executive orders, 
23 
rules and regulations inconsistent with the provision of this Act are hereby 
24 
repealed. 
25 
26 
ARTICLE XIV 
27 
Effectivity 
28 
29 
SECTION 37. Effectivity - This Act shall take effect fifteen (15) days following 
30 
its publication in at least two (2) newspapers of general circulation or in the 
31 
Official Gazette, whichever is earlier. 
32 
33 
34 
35 
Approved, 
19