THIRTEENTH CONGRESS OF THE REPUBLI 2 ) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Food safety, as defined by World Health Organization, pertains to "all conditions and 
measures that are necessary during the production, processing, storage, distribution and 
preparation of food to ensure that food is safe, sound, wholesome and fit for human 
consumption". Food is safe when it is free fiom biological, chemical or physical contaminant in 
amounts or levels that may represent a hazard to health. 
Food, however, can be contaminated biologically, chemically and physically through 
improper production, storage, handling, preparation and service. Harmful bacteria, viruses, 
parasites and fungi (molds) cause biological or microbial contamination. 
These pathologic 
organisms may cause infection or intoxication. Chemical contamination occurs when substances 
such as cleaning compound, additives or pesticides get into food. Physical contamination occ~rs 
when hair, brolcen objects, metal shaving, dirt, etc., get into the food. 
Food should thus be kept clean at all stages - from production to consumption. It is 
therefore of paramount importance that food establishments be required to observe sanitation 
standards in the procurement and preparation of food. The interest of the state is in protecting 
consumers who have no access nor control over the food they are served before they eat them. 
This bill seeks to promote food safety and protect the people's health by requiring food 
establishments to coinply with the sanitation standards that the Secretary of Health shall 
promulgate within sixty (60) days from the passage of this bill into law. 
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D 


HIRTEENTI-I CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
hird Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REQUIRING FOOD ESTABLISHMENTS TO COMPLY WITH SANITATION 
STANDARDS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
asembled: 
SECTION 1. Short Title. - This Act shall be known as the “Food Estab!ishment 
Sanitation Act o f  2006”. 
SECTION 2. Declaration ofPolicy. - It is the policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act requires food establishments to comply 
with the sanitation standards that the Secretary of Health shall promulgate. 
SECTION 3. Definition ofTerms. - For purposes ofthis Act, the term: 
(A) “Commissary” means a central processing establishment where food is prepared for sale 
or service off the premises or by mobile vendor. 
(B) “Department” means the Department of Health. 
(C) “Food” means: 
(1) articles used for food or drink for people or other animals, 
(2) articles used for components of a& food or drink article, and 
(3) chewing gum. 
(D)“Food business” means and includes any establishment or place, whether fixed or mobile, 
where food or ice is held, processed, manufactured, packaged, prepared, displayed, 
served, transported, or sold. 
t 


(E) “Food service establishment” means ariy fixed or mobile restaurant, coffee shop, 
cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, 
tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, 
private, public or nonprofit organization or institution routinely serving food, catering 
Ititchen, commissary or similar place in which food or drink is prepared for sale or for 
service on the premises or elsewhere, and any other eating or drinking establishment or 
operation where food is served or provided for the public with or without charge. 
(F) “Mobile food service unit” means a unit that prepares and/or sells food products for direct 
consumption. 
(G) “Person” means any individual, firin, co-partnership, association, or private or municipal 
corporation. 
(H) “Processor” means one who combines, handles, manufactures or prepares, packages, and 
stores food products. 
(I) “Operator” in relation to food vending machines means any person who by contract, 
agreement, lease, rental, or ownership sells food from vending machines. 
(J) “Retail” means when eighty percent (80%) or more of sales are made directly to 
consumers. 
(K)“Retail peddler” means a food business which sells meat, seafood, and dairy products 
directly to the consumer, hduse to house or in a neighborhood. 
SECTION 4. Sunitary Regulations. - Within sixty (60) days from the approval of this 
Act, the Secretary of Health shall promulgate rules and regulations relating to sanitation that he 
or she may deem advisable with reference to any food business and with reference to the 
premises, property, equipment, and utensils used in connection with any food business. 
SECTION 5. Food Businesses Required to Comply -No person shall operate any food 
business except in compliance with the provisions of this Act and the implementing rules and 
regulations adopted in accordance with this Act. 


SECTION 6. Prohibition against Sale of Food Not Handled in Compliance with Aci; 
Conzscation. - No person shall sell 01' possess with intent to sell for human consumption m y  
food which has not been processed, transported, or sold in compliance with the provisions of this 
Acts and the iniplementing rules and regulations adopted in accordance with this Act. 
Any food which the director Shall have reasonable cause to believe has not been 
processed, transported, or sold in compliance with the provisions of this Act and the 
iinpleiiientiiig rules and regulations adopted in accordance with this Act may be confiscated. 
SECTION 7. Notice to Cease Business. - Whenever the Secretary deems it necessary in 
the interests of public health to cause any food business lo cease operating, he may do so by 
serving written notice upon the owner or manager of the food business; Provided, that before the 
notice is given the owner or manager shall have been given an opportunity to show cause why 
the food business should not cease operating. 
Written notice to cease operating a food business shall remain in effect until the Secretary 
serves further notice permitting the resumption of operation of the food business. 
SECTION 8. Penalties. - Any food establishment found guilty of violating Section 5 and 
6 above shall be fined an amount not more than One Hundred Thousand Pesos (PlOO,OOO.OO). 
In addition, a penalty of imprisonment of arrest0 mayor may be imposed on the entity's 
responsible officers, including, but not limited to, the president, vice-president, chief executive 
officer, general manager, managing director or o€ficer directly responsible therefore, if any of 
thein are fouiid to have knowingly consented to such sale or possession with intent to sell for 
human consumptioii any food which has not been processed, transported, or sold in compliance 
with the provisions of this Act and the rules and regulations adopted in accordance with this Act. 
In both in cases, the court shall take into consideration all attending circumstances. 
SECTION 9. Businesses Exempt. - The provisions of this Act shall not apply to the 
following: 


(A) Special events sponsored by city or town or nonprofit civic organizations such as, but not 
limited to, school sporting events, picnics, food booths, church suppers, and fairs; 
(B) Temporary food services which have a frequency of less than six (6) events a year such 
as bazaars, bake sales, and suppers; 
(C) Itinerant vendors and other food establishments that serve only commercially pre- 
packaged foods, beverages, and commercially precooked potentially hazardous foods 
requiring no manual handling of the food product; 
(D)Retail food businesses and food vending machines limited solely to selling or dispensing 
ice and/or non-perishable foods, including, but not limited to, gumballs, unopened bottled 
or canned beverages, and prepaclcaged candy, nuts, gum, popcorn, chips, pretzels, 
cookies, and crackers; 
SECTION 10. SepuTuDility 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 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this act is hereby repealed, modified or amended accordingly. 
SECTION 12. Eflecfivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Irgs