Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5527

HOUSE BILL NO. —

Introduced by REP. Michael L. Romero and Enrico A. Pineda

EXPLANATORY NOTE

Section 15 of Article Il of the Constitution provides that the State shall protect
and promote the right of health of the people and instill health consciousness
among them.

The Republic of the Philippines recognizes that nutritional deficiency problems in
the state, based on nutrition surveys, include deficiency in energy, iron, vitamin
A, iodine, thiamin and riboflavin. To a minor extent, the Filipino diet is also
deficient in ascorbic acid, calcium and folate.

The Republic of the Philippines recognizes that food fortification is vital where
there is a demonstrated need to increase the intake of an essential nutrient by
one or more population groups, as manifested in dietary, biochemical or clinical
evidences of deficiency.

Food fortification is considered important in the promotion of optimal health and
to compensate for the loss of nutrients due to processing and/or storage of
food.

Food fortification, therefore, shall carmied out to compensate for the
inadequacies in Filipino diet, based on present-day needs as measured using
the most recent Recommended Dietary Allowances (RDA)


This House Bill seeks to foster that the National Nutrition Council (NCC) shall
require other processed foods or food products to be fortified based on the
findings of nutrition surveys.

Such requirement shall be promulgated through regulations to be issued by the

Department of Health (DOH) through the Bureau of Food and Drugs (BFAD) and
other concemed agencies

Thus, the early passage of this bill is earnestly requested.

A

ROMERO Ph.D ENRICO A\PINEDA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

First Regular Session

5527

HOUSE BILL NO."

Introduced by REP. Michael L. Romero and Enrico A. Pineda

AN ACT
AMENDING REPUBLIC ACT NO.8976 OTHERWISE KNOWN AS THE
“PHILIPPINE FOOD FORTIFICATION ACT OF 2000", INCREASING ITS
PENALTIES AND SANCTIONS, TO FOSTER HEALTH CONCIOUSNESS, TO
PROMOTE OPTIMAL HEALH PROCESSES AND STORAGE FOR FOOD,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the
Philippines in congress assembled:

SECTION 1. Declaration of Policy

Section 8, of Republic Act No. 8976 is hereby amended to read:

Section 8. Implementation, Monitoring and Review- The DOH
through the BFAD shall be the lead agency responsible for the
implementation and monitoring of this Act while the NNC, the
policy-making and coordinating body of nutrition, shall serve as the
advisory board on food fortification.


The DOH shall also be responsible in the conduct of promotional
and advocacy activities on the use of fortified processed foods or
food products through its Sangkap Pinoy Seal Program (SPSP)
and/or other programs designed to promote nutrition. Products
approved by the SPSP shall be allowed to use the Sangkap Pinoy
Seal.

Furthermore, the DOH is hereby authorized to charge reasonable
fees for applications in the SPSP and use of such fees in the
promotion and advocacy activities of nutrition.

The NCC shall conduct a periodic review of the micronutrients
added to food. This review will provide the basis for determining if
the mandatory fortification is still required or not.

The review shall be done at least every two (2) years to coincide
with the conduct of the Food and Nutrition Research Institute's
(FNRI) national nutrition survey and/or the assessment of the
Philippine Plan of Action for Nutrition (PPAN).

The local government units, through their health officers or
agricultural officers or nutritionist-dieticians or the sanitary inspectors
shall assist in monitoring/checking that foods to be mandated to be
fortified like rice, refined sugar. wheat flour and cooking oil are
properly fortified and labeled with “nutrition facts" indicating the
specific micronutrient it was fortified with.

The local food industries shall report on the production, marketing
and distribution of fortified foods. They shall annual reports to the
DOH, also indicating their industrial concerns and
recommendations.


SECTION 2. Declaration of Policy

Section 11, of Republic Act No, 8976 is hereby amended to read:

Section 11. Administrative Sanctions - The DOH through the BFAD.
after notice and hearing, shall impose any or all of the following

administrative sanctions in cases of noncompliance with the food

fortification guidelines it has set:

(a) Denial of registration of the processed foods or food
products by the DOH through the BFAD if the processed foods
or food products do noi comply with the food fortification
requirements. Said processed foods or food products shall not

be allowed to be put in the market;

(b) Order the recall of the processed foods or food

product(s); and

(c) Impose a fine or not less than Five Hundred Thousand
pesos (P500,000.00) and suspension of registration for the first

violation:

not less than Eight hundred thousand pesos (P800,000.00) and
suspension of registration for the second violation;

and not less than One million pesos (P1,000,000.00) and
cancellation of the registration of the product for the third
violation of the provisions of this Act or its Implementing Rules

and Regulations (IRR).

SECTION 3. SEPARABILITY CLAUSE - If any provision or section of this
Act or the application thereof to any person or circumstances is held invalid, the

other provisions or sections of this Act shall remain valid. and the application of


such remaining provisions or sections to the other persons or circumstances, shall
not be affected thereby.

SECTION 4. Repealing Clause. All laws. executive orders, issuances,
rules and regulations inconsistent with this Act are hereby amended, repealed
or modified accordingly.

SECTION 5. EFFECTIVITY CLAUSE - This Act shall take effect fifteen
(15) days from the date of its publication in the Official Gazette or in at least two
(2) newspapers of general circulation.

Approved.