Republic of the Philippines f 2 BuAN 2016,
HOUSE OF REPRESENTATIVES Ret aq ;
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

HOUSE BILL No.

Introduced by Congressman Alfredo D. Vargas II

EXPLANATORY NOTE

The State has a duty, a mandate, a responsibility to promote the general welfare of the
people. This duty makes it imperative that the State makes this also its policy.

In pursuit of this policy, this measure requires food establishments in the country to
comply with sanitation standards which the Secretary of Health shall promulgate.

The measure mandates that the Secretary of Health, within sixty (60) days from the
approval of this Act, shall promulgate rules and regulations relating to sanitation that he/ 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.

The measure prohibits the selling or possession with intent to sell for human
consumption any food which has not been processed, transported or sold in compliance with
this Act’s provisions and the subsequent implementing rules and regulations.

Any food believed to have not been processed, transported or sold in compliance with
this Act and its rules and regulations may be confiscated

The Secretary of Health, if he deems it necessary in the interest of public health, may
direct any food business to cease operating. The Health Secretary may do so by serving
written notice upon the owner or manager. The said owner or manager shall be given an
opportunity to show cause why the food business should not cease operating.

If found guilty of violating this Act, a food establishment shall be fined an amount of
not more than One Hundred Thousand Pesos. Also, the penalty of imprisonment of arrest
mayor may be imposed, if found guilty, on the entity’s responsible officer/s, including but
not limited to:

a) president,
») vice president,

©) chief executive officer,

4d) general manager,

¢) managing director or officer directly responsible.

Exemptions from the provisions of this Act shall be granted to the following:


a) special events sponsored by city or town or non-profit 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 events a
year such as bazaars, bake sales, and suppers;

©) itinerant vendors and other food establishments that serve only
commercially pre-packaged foods, beverages, and commercially pre-cooked
potentially hazardous foods requiring no manual handling of the food product;

d) retail 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 prepackaged candy, nuts, gum, popcorn,
chips, pretzels, cookies and crackers.

This measure, if enacted into law, will definitely safeguard the health of our people.
For the abovementioned reasons, approval of this bill is earnestly sought.

FREDO D. VARGAS IIL


REPUBLIC OF THE PHILIPPINES
House of Representatives
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

6400

HOUSE BILL NO.

Introduced by Congressman Alfredo D. Vargas III

AN ACT
REQUIRING FOOD ESTABLISHMENT TO COMPLY WITH SANITATION STANDARDS

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Food Establishment
Sanitation Act of 2016”.

SECTION 2. Declaration of Policy. - 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 of Terms. - For purposes of this 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.
©. “Food” means:

1. Articles used for food or drink for people or other animals;

2. Articles used for components of any 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.


e. “Food service establishment” means any 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 non-profit organization or institution
routinely serving food, catering kitchen, 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 change.

£ “Mobile food service unit” means a unit that prepares and/or sells food products
for direct consumption.

g “Person” means any individual firm, 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 diary
products directly to the consumer, house to house or in a neighbourhood.

SECTION 4. Sanitary Regulations. - Within 60 days from the approval of this Act, the
Secretary of Health promulgates rules and regulations relating to sanitation that he may 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 Act:
Confiscation. - No person shall sell or possess with intent to sell for human consumption


any food which has not been processed, transported, or sold in compliance with the
provisions of this Act and the implementing 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
implementing 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 to cease operating, he may do so
by serving written notice upon 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 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 On Hundred Thousand Pesos
(Php100,000.00).

In addition, a penalty of imprisonment of arresto mayor may be imposed on the
entity's responsible officer, including, but not limited to, the president, vice-president, chief
executive officer, general manager, managing director or officer directly responsible
therefore, if any of them are found to have knowingly consented to such sale or possession
with intent to sell for human consumption 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 cases, the court shall take into consideration all attending circumstances.

SECTION 9. Businesses Exempt. ~ The provisions of this Act shall not apply to the
followin;

a. Special events sponsored by city or town or non-profit 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 events a year
such as bazzars, bake sales, and suppe!

c. Itinerant vendors, and other food establishments that serve only commercially
pre-packaged foods, beverages, and commercially pre-cooked 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 prepackaged candy, nuts,
gum, popcorn, chips, pretzels, cookies, and crackers;

SECTION 10. Separability Clause. ~ If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 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. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,