FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
3311 
(In substitution of Senate Bill Nos. 650,1182,1471 and 2805) 
Prepared jointly by the Commitkes on Trade and Commerce, and Health and 
Demography with Senators Estrada, Villar, Santiago and Angara as authors thereof. 
"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 the House of Representatives of the 
Philippines in Congress assembled: 
ARTICLE I 
Declaration of Policy and Objectives 
1 
SECTION 1. Short Title. - This Act shall be known as the "Food Safety Act of 
2 
2012." 
3 
4 
SEC. 2. Declaration of Policy. -
Section 15, Article II of the 1987 Philippine 
5 
Constitution declares that the State shall protect and promote the right to 
6 
health of the people and instil health consciousness among them. 
7 
Furthermore, Section 9, Article XVI provides that the State shall protect 
8 
consumers from trade malpractices and from substandard or hazardous 


products. Towards these ends, the State shall maintain a farm to fork food 
2 
. safety regulatory system that ensures a high level of food safety, promotes 
3 
fair trade and advances the global competitiveness of Philippine foods and 
4 
food products. 
5 
6 
SEC. 3. Objectives. -To strengthen the food safety regulatory system in the 
7 
country, the State shall adopt the following specific objectives: 
8 
a. protect the public from food-borne and water-borne illnesses and 
9 
unsanitary, unwholesome, misbranded or adulterated foods; 
10 
b. enhance industry and consumer confidence in the food regulatory 
11 
system; and 
12 
c. achieve economic growth and development by promoting fair trade 
13 
practices 
and 
sound 
regulatory foundation 
for domestic and 
14 
international trade. 
15 
Towards the attainment of these objectives, the following measures shall 
16 
be implemented: 
17 
(a) delineate and link the mandates and responsibilities of the government 
18 
agencies involved; 
19 
(b) provide a mechanism for coordination and accountability in the 
20 
implementation of regulatory functions; 
21 
(c) establish policies and programs for addressing food safety hazards and 
22 
developing appropriate standards and control measures; 
23 
(d) strengthen the scientific basis of the regulatory system; and 
24 
(e) upgrade the capability of farmers, fisherfolk, industries, consumers and 
25 
government personnel in ensuring food safety. 
2 


2 
3 
ARTICLE II 
Definition of Terms 
4 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms 
5 
shall be defined as follows: 
6 
(a) Advertising refers to the business of conceptualizing, presenting or 
7 
making available to the public, through any form of mass media, fact, data or 
8 
information about the attributes, features, quality or availability of food and its 
9 
related products for the purpose of promoting its sale or distribution and 
10 
enhancing economic activity; 
11 
(b) Adulteration refers to an act which leads to the production of food which: 
12 
1. bears or contains any poisonous or deleterious substance that may 
13 
render it injurious to the health of the public; 
14 
2. bears or contains any added poisonous or deleterious substance in 
15 
amounts exceeding established maximum limits or standards for Good 
16 
Manufacturing Practice; 
17 
3. contains in whole or in part filthy, putrid or decomposed substance that 
18 
is unfit for human consumption; 
19 
4. has been prepared, packed or held under unsanitary conditions; 
20 
5. in whole or in part, is the product of a diseased animal or an animal 
21 
which has died through ways other than slaughter; 
22 
6. is in a container having in whole or in part any poisonous or deleterious 
23 
substance; 
24 
7. has been intentionally subjected to radiation unless the use of radiation 
25 
is in conformity with an existing regulation or exemption; 
3 


8. becomes injurious to health because of the omission or abstraction of a 
2 
valuable constituent; or if a ny sUbstance has been substituted wholly or 
3 
in part; or if damaged or made inferior which has been concealed in 
4 
any manner; or if any substance has been added thereto or mixed or 
5 
packed therewith so as 10 increase its bulk or weight or reduce its 
6 
strength or to make it appear better or greater than it is; 
7 
9. has not been prepared in accordance with current acceptable 
8 
manufacturing practice as promulgated by way of regulation; and 
9 
10. uses expired ingredients; 
10 
(c) Authorization refers to the permission embodied in a document granted 
11 
by a regulatory agency to a natural or juridical person who has submitted an 
12 
application for a food business operation from primary production, post 
13 
harvest 
handling, 
distribution, 
processing, 
manufacture, 
importation, 
14 
exportation, sale, and offer for sale, distribution, transfer and preparation for 
15 
human consumption. The authorization can take the form of a permit, license, 
16 
certificate of registration and certificate of compliance or exemption or any 
17 
similar document; 
18 
(d) Contaminant refers to any substance not intentionally added to food 
19 
which is present in such food as a result of the production (including 
20 
operations carried out in crop industry, animal husbandry and veterinary 
21 
medicine) post harvest handling, manufacturing, processing, preparation, 
22 
treatment, packing, packaging, transport or holding of such food as a result of 
23 
environmental contamination; 
24 
(e) Control Measure refers to any action and activity that can be used to 
25 
prevent or eliminate food safety hazard or to reduce it to an acceptable level; 
4 


1 
(f) Crisis Management refers to a proadive approach of addressing a 
2 
situation, where a risk to consumers, animal or plant health cannot be 
3 
controlled by normal existing mechanisms, through a plan which can be 
4 
activated when such emergency arises; 
5 
(g) Food refers to any substance or product whether processed, partially 
6 
processed or unprocessed that is intended for human consumption. It 
7 
includes drinks, chewing gum, water and other substances which are 
8 
intentionally incorporated into the food during its manufacture, preparation 
9 
and treatment; 
10 
(h) Feed refers to any substance or product, including additives, intended to 
11 
be used for oral feeding to animals; 
12 
(i) Food-borne Illnesses refer to diseases, usually either infectious or toxic 
13 
in nature, caused by agents that enter the body through the ingestion of food; 
14 
U) Food BUsiness refers to any undertaking, whether public or private, that 
15 
carries out, any of the activities related to, or any of the stages of the food 
16 
supply chain; 
17 
(k) Food Business Operator refers to a person engaged in the food 
18 
business including one's agents and is responsible for ensuring that the 
19 
requirements of this Act are met by the food business under one's control; 
20 
(I) Food Hygiene (hereinafter referred to as Hygiene) refers to the measures 
21 
and conditions necessary to control hazards that could lead to food-borne 
22 
illnesses and to ensure fitness for human consumption of a food of plant or 
23 
animal origin taking into account its intended use; 
5 


(m) Food Law refers to the laws, regulations and administrative provisions 
2 
governing food in general, donated food and food safety at any stage of 
3 
production, processing, distribution ,md preparation for human consumption; 
4 
(n) Food Safety refers to the assurance that food will not cause harm to the 
5 
consumer when it is prepared or eaten according to its intended use; 
6 
(0) Food Safety Regulatory Age,ncies (FSRAs) refer to the following 
7 
national government agencies: 
8 
Under the Department of Agriculture (DA) - the Bureau of Animal Industry, 
9 
National Meat Inspection ServicE!, 
Bureau of Fisheries and Aquatic 
10 
Resources, Bureau of Plant Industry, Fertilizer and Pesticide Authority, 
11 
Philippine Coconut Authority, Sugar Regulatory Administration and the 
12 
National Food Authority; 
13 
Under the Department of Health (DOH) - the Food and Drug Administration, 
14 
Center for Food Regulation and Research and the Bureau of Quarantine; 
15 
(p) Food Safety Officer refers to a professionally qualified and properly 
16 
trained officer appointed by a food safety regulatory agency or by Local 
17 
Government Units (LGUs) in accordance with the appropriate Civil Service 
18 
rules and regulations; 
19 
(q) Food Safety Regulatory System refers to the combination of regulations, 
20 
food safety standards, inspection, testing, data collection, monitoring and 
21 
other activities carried out by food safety regulatory agencies and by the 
22 
LGUs in the implementation of their responsibilities for the control of food 
23 
safety risks in the food supply chain; 
24 
(r) Food Supply Chain refers to all stages in the production of food from 
25 
primary production, post harvest handling, distribution, processing and 
6 


preparation for human consumption. 
Preparatioll is the cooking or other 
2 
treatments to which food is subjected prior to its consumption; 
3 
(s) Good Agricultural Practices (GAP) refer to the practices that address 
4 
environmental, economic, and social sustainability for on-farm processes, and 
5 
which result in safe and quality food and non-food agricultural products; 
6 
(t) Good Manufacturing Practices refer to a quality assurance system 
7 
aimed at ensuring that products are consistently manufactured, packed, 
8 
repacked, or held to quality standards appropriate for the intended use. It is 
9 
thus concerned with both manufacturing and quality control procedure; 
10 
(u) Good Hygienic Practices refer to all practices regarding the conditions 
11 
and measures necessary to ensure the safety and suitability of food at all 
12 
stages of the food chain; 
13 
(v) Hazard Analyses at Critical Control Points (HACCP) refer to a science-
14 
based system which identifies, evaluates, and controls hazards which are 
15 
significant for food safety at critical points during a given stage in the food 
16 
supply chain; 
17 
(w) Hazard refers to a biological, chemical or physical agent in food with a 
18 
potential to cause adverse effect on health; 
19 
(x) Inspection refers to the examination of food, food production facilities or 
20 
establishments, and the management and production systems of food 
21 
businesses, including the examination of documents, finished product testing 
22 
and registration, and of the origin and destination of production inputs and 
23 
outputs to verify compliance with legal requirements by an agency mandated 
24 
to perform food safety regulatory and/ or enforcement functions; 
7 


(y) Label refers to the display of written, printed or graphic matter upon the 
2 
immediate container, tag, literatum or other suitable material affixed thereto 
3 
for the purpose of giving informatkm as to identify components, ingredients, 
4 
attributes, directions for use, specif.ications and such other information as may 
5 
be required by law or regulations. 
6 
(z) Micro, small and medium enterprise (MSME) refers to food businesses 
7 
as defined within the classification of industries by the Department of Trade 
8 
and Industry; 
9 
(aa) Misbranding refers to deliberate labelling or advertising of food that is 
10 
misleading, where the labelling and/or advertising claims certain food 
11 
properties that cannot be supported by a reliable source, a certifying body or 
12 
by scientific evidence; 
13 
(bb) Official Control refers to all types of controls and control activities made 
14 
by regulatory agencies to verify compliance with standards, operating 
15 
procedures, practices and other regulatory requirements. It includes routine 
16 
monitoring of food establishments and more intensive checks involving 
17 
inspections, verifications, audits, sampling and testing of samples and recall 
18 
defective products; 
19 
(cc) Person refers to any person, natural or juridical, including but not limited 
20 
to the following persons: (i) food business operators; (ii) food safety officers 
21 
and other regulatory personnel of the DA, DOH and DILG; 
22 
(dd)Post harvest stages refer to the stages in the food supply chain 
23 
involving the minimal transformation of plant and animal foods after primary 
24 
production such as removal of field heat for fruits, slaughter of animals, 
8 


sorting, grading and cutting of fre:3h plant and animal foods, 
icing and 
2 
freezing, and the milling and storage of grain; 
3 
(ee) Primary production refers to the production, rearing or growing of 
4 
primary products including harvesti ng, milking and farmed animal production 
5 
up to slaughter; and the rearing 13nd growing of fish and other seafood in 
6 
aquaculture ponds. It also includes fishing, and the hunting and catching of 
7 
wild products; 
8 
(ff) Processing refers to any action that substantially alters the initial raw 
9 
materials or product or ingredients including, but not limited to, heating, 
10 
smoking, curing, maturing, drying, marinating, extraction, extrusion and a 
11 
combination of those processes intended to produce food; 
12 
(gg) Risk refers to the likelihood of an adverse health effect and the severity of 
13 
this effect following exposure to a hazard; 
14 
(hh) Risk Analysis refers to a process consisting of three interrelated 
15 
components: risk assessment, risk management and risk communication; 
16 
(ii) Risk Assessment refers to the scientific evaluation of known or potential 
17 
adverse health effects resulting from human exposure to biological, chemical 
18 
and physical hazards; 
19 
Ui) Risk Management refers to the process of weighing policy alternatives to 
20 
accept, minimize or reduce assessed risks and if necessary, to select and 
21 
implement appropriate prevention and control measures; 
22 
(kk) Risk Communication refers to the interactive exchange of information 
23 
and opinions during the course of risk analysis on the hazards and risks 
24 
among risk assessors, risk managers, consumers, food and feed business 
25 
operators, academia and other stakeholders; 
9 


(II) Food Safety Standard s refer to the formal documents containing the 
2 
requirements that foods or food processors have to comply with to safeguard 
3 
human health. They are impk'lmented by authorities and enforced by law; and 
4 
are usually developed and published under the auspices of a national 
5 
standards body; 
6 
(mm) Traceability refers to the ability to follow the movement of a food 
7 
through specified stages of production, processing, and distribution; and 
8 
(nn) Monitoring refers to the systematic gathering of data through the 
9 
sampling of commodities as well as monitoring of food borne diseases, 
10 
collation and interpretation of collected data. 
II 
12 
13 
14 
ARTICLE III 
Basic Principles of Food Safety 
15 
SEC.5. Food Safety Requirements. - To ensure food safety, the following 
16 
general guidelines shall be observed: 
17 
(a) In determining whether food is unsafe, the following shall be considered: 
18 
1. The normal conditions of the use of food by the consumer; 
19 
2. The normal conditions maintained at each stage of primary production, 
20 
processing, handling, storage and distribution; 
21 
3. The health of plants and animals from where the food is derived; 
22 
4. The effect of feeds, crop protection chemicals and other production 
23 
inputs on otherwise healthy plants and animals; and 
24 
5. The information provided to the consumer. This includes the information 
25 
provided on the label or any information generally available to the 
10 


consumer. This should aid consumers in avoiding specific health 
2 
effects from a particular f(Jod or category of foods. 
3 
(b) In determining whether fooC! is injurious to health, regard shall be given to 
4 
the following: 
5 
1. The probable immediate, short term or long term effects on subsequent 
6 
generations of that food on health; 
7 
2. The probable cumulative effects; and 
8 
3. The particular health sen:;itivities of a specific category of consumers 
9 
where the food is intended for that category. 
10 
(c) In determining whether food is unfit for human consumption, regard shall 
11 
be given to the unacceptability of the food according to its intended use due to 
12 
contamination by extraneous matter or through putrefaction, deterioration or 
13 
decay; 
14 
(d) Where unsafe food is part of a batch, lot or consignment of food of the 
15 
same class or description, it shall be presumed that all food in that batch, lot 
16 
or consignment is also unsafe; 
17 
(e) Food that complies with specific national law or regulations governing food 
18 
safety shall be deemed safe insofar as the aspects covered by national law 
19 
and regulations are concerned. However, imported food that is declared 
20 
unsafe by the competent authority of the exporting country after entry into the 
21 
country shall be withdrawn from the market and distribution channels; and 
22 
(f) Compliance of a food product with specific standards applicable to a 
23 
specific food shall not prohibit the competent authorities to take appropriate 
24 
measures or to impose restrictions on entry into the market or to require its 
11 


I 
withdrawal from the market, where there is reason to suspect that such food 
2 
product shows food safety related risks. 
3 
4 
5 
6 
ARTICLE IV 
General Principles 
7 
SEC. 6. Food Law Objectives. - Food law shall aim for a high level of food 
8 
safety, protection of human life and health in the production and consumption 
9 
of food. It shall also aim for the protection 0"1 consumer interests through fair 
10 
practices in the food trade. 
II 
12 
SEC. 7. Use of Science-based Risk Analysis. - The following shall guide the 
13 
use of science and risk analysis in food safety regulation: 
14 
(a) The development of food safety legislation and standards and the conduct 
15 
of inspection and other official control activities shall be based on the analysis 
16 
of risk, except where this approach is not feasible due to circumstances, or 
17 
due to the nature of the control measure; 
18 
(b) Risk assessment shall be based on sound scientific evidence and shall be 
19 
undertaken in an independent, objective and transparent manner. Scientific 
20 
information as obtained from scientific literature, epidemiological and 
21 
monitoring studies and other data that supports the risk assessment shall be 
22 
used; 
23 
(c) Risk management shall take into account the results of risk assessment 
24 
relevant to local conditions, potential for enforcement, cost of compliance and 
25 
others as may be relevant to the situation; 
12 


(d) Risk communication shall be carried out between risk assessors and risk 
2 
managers in a transparent manner. Food safety risks shall also be 
3 
communicated 
to farmers, fisher folk and food business operators to 
4 
encourage compliance with the implementation of control measures and to 
5 
relevant sectors of society affected by the law or the risks addressed in order 
6 
to strengthen confidence in its provisions; and 
7 
(e) Food business operators shall be encouraged to implement a HACCP -
8 
based system for food safety assurance in their operations. 
9 
10 
SEC. 8. Protection of Consumer Interests. -
The protection of consumer 
11 
interest shall be geared towards the following: 
12 
(a) Prevention of adulteration, misbranding, fraudulent practices, and other 
13 
practices which mislead the consumer; and 
14 
(b) Prevention of misrepresentation in the labelling and false advertising in the 
15 
presentation of food, including their shape, appearance or packaging, the 
16 
packaging materials used, the manner in which they are arranged, the setting 
17 
in which they 
are displayed, and the product description including the 
18 
information which is made available about them through whatever medium. 
19 
Where relevant, the presentation of goods shall provide consumers a basis to 
20 
make informed choices in relation to the food they purchase. 
21 
22 
SEC. 9. Setting of Food Safety Standards. - The DA and DOH shall set the 
23 
mandatory food safety standards. The following shall guide the setting of 
24 
standards: 
25 
13 


(a) Standards shall be established on the basis of science, risk analysis, 
2 
scientific advice from expert body/bodies, standards of other countries, 
3 
existing Philippine National Standards (PNS) and the standards of the Codex 
4 
Alimentarius Commission (Codex), where these exist and are applicable; 
5 
(b) Codex standards shall be adopted except when these are in conflict with 
6 
what is necessary to protect Gonsumers and scientific justification exists for 
7 
the action taken; 
8 
(c) The DA and the DOH shall establish the policies and procedures for 
9 
country participation at Codex and the incorporation of Codex standards into 
10 
national regulations. The current National Codex Organization (NCO) is 
11 
herein designated as the Body to serve this purpose. The DA and the DOH 
12 
shall designate a third level officer as coordinator for Codex activities for their 
13 
respective departments; and 
14 
(d) Participation at Codex shall be in accordance with the principles of this 
15 
Act and shall be financially supported by the government. 
16 
17 
SEC. 10. Precaution. - In specific circumstances when the available relevant 
18 
information for use in risk assessment is insufficient to show that a certain 
19 
type of food or food product does not pose a risk to consumer health, 
20 
precautionary measures shall be adopted. When such precautionary 
21 
measures are issued, the following rules shall govern: 
22 
(a) The adopted measure shall remain enforced pending the submission of 
23 
additional scientific information based on the nature of the risk and type of 
24 
information needed to clarify the scientific uncertainty; and 
25 
14 


(b) The measure shall be no more restrictive to trade than required and 
2 
should be proportionate to the level of protection required for consumers. 
3 
4 
SEC. 11. Transparency. - The implementing agencies shall conduct public 
5 
consultation and disseminate relevant information to ensure the following: 
6 
Public consultation during the preparation, evaluation and revision of food 
7 
legislation shall be open, transparent and direct or through representative 
8 
bodies unless the urgency of the problem does not allow it; and 
9 
(a) In cases where it is suspected that food may pose a risk to human health, 
10 
regulatory authorities shall take appropriate steps to inform the general public 
II 
about the nature of the risk to health, the affected foods, types of food and 
12 
the necessary measures to prevent, reduce or eliminate the risk. 
13 
14 
SEC. 12. Application to Trade. - Foods imported, produced, processed and 
IS 
distributed for domestic and export markets shall comply with the following 
16 
requirements: 
17 
(a) Food to be imported into the country must come from countries with an 
18 
equivalent food safety regulatory system and shall comply with international 
19 
agreements to which the Philippines is a party; 
20 
(b) Imported foods shall undergo cargo inspection and clearance procedures 
21 
by the DA and the DOH at the first port of entry to determine compliance with 
22 
national regulations. This inspection by the DA and the DOH shall always take 
23 
place prior to assessment for tariff and other charges by the Bureau of 
24 
Customs (BOC). The BOC and the Association of International Shipping Lines 
25 
(AISL) shall provide the DA and DOH documents such as the Inward Foreign 
15 


Manifest of Arriving Vessels to ennble the DA and DOH to identify shipments 
2 
requiring food safety inspection. Shipments not complying with national 
3 
regulations shall be disposed according to policies established by the DA and 
4 
the DOH; and 
5 
(c) Exported foods shall at all times comply with national regulations and 
6 
regulations of the importing country. Returned shipments shall undergo border 
7 
inspection clearance as providedi in Section 12 (b) hereof. 
8 
9 
10 
11 
ARTICLE V 
Responsibilities on Food Safety 
12 
SEC. 13. Principal Responsibility of Food Business Operators. - Food 
13 
business operators shall ensure that food satisfies the requirements of food 
14 
law relevant to their activities in the food supply chain and that control 
15 
systems are in place to prevent, eliminate or reduce risks to consumers. 
16 
17 
SEC. 14. Specific Responsibilities of Food Business Operators. -
Food 
18 
business operators shall have the following responsibilities under this Act: 
19 
(a) Food business operators shall be knowledgeable of the specific 
20 
requirements of food law relevant to their activities in the food supply chain 
21 
and the procedures adopted by relevant 
government agencies that 
22 
implement the law. 
They shall adopt, apply and 
be well informed of codes 
23 
and principles for good practices. Micro and small industries shall be assisted 
24 
to facilitate their adoption of such practices; 
25 
16 


(b) If a food business operator co nsiders or has reason to believe that a food 
2 
which it produced, processed, d.istributed or imported is not safe or not in 
3 
compliance with food safety requirements, it shall immediately initiate 
4 
procedures to withdraw the food in question from the market and inform the 
5 
regulatory authority; 
6 
(c) Food business operators shall allow inspection of their businesses and 
7 
collaborate with the regulatory authorities on action taken to avoid risks posed 
8 
by the food product/s which they have supplied; and 
9 
(d) Where the unsafe or non-cor,lpliant food product may have reached the 
10 
consumer, the operator shall effectively and accurately inform the consumers 
11 
of the reason for the withdrawal, and if necessary, recall the same from the 
12 
market. 
13 
14 
SEC. 15. Principal Responsibilities of Government Agencies. - The DA, DOH, 
15 
DILG and LGUs shall have the following responsibilities: 
16 
(a) The DA shall be responsible for food safety in the primary production and 
17 
post harvest stages of food supply chain and foods locally produced or 
18 
imported in this category; 
19 
(b) The DOH shall be responsible for the safety of processed and pre-
20 
packaged foods, foods locally produced or imported under this category and 
21 
the conduct of monitoring and epidemiological studies on food -
borne 
22 
illnesses; 
23 
(c) The LGUs shall be responsible for food safety in food businesses such as, 
24 
but not limited to, activities in slaughterhouses, dressing plants, fish ports, wet 
25 
markets, supermarkets, school canteens, restaurants, catering establishments 
17 


and water refilling stations. The LGU shall also be responsible for street food 
2 
sale, including ambulant vencling; 
3 
(d) The Department of the Interior and Local Govemment (DILG), in 
4 
collaboration with the DA, DOH and other govemment agencies shall 
5 
supervise the enforcement of food safety and sanitary rules and regulations 
6 
as well as the inspection and compliance of business establishments and 
7 
facilities within its territorial jurisdiction; 
8 
(e) The LGUs may be called upon by the DOH and the DA to assist in the 
9 
implementation of food laws, other relevant regulations and those that will 
10 
hereafter be issued. 
II 
(f) The DA and the DOH shall capacitate the LGUs and provide necessary 
12 
technical assistance in the implementation of their food safety functions under 
13 
their jurisdiction. In compliance with this responsibility they shall provide 
14 
training to the DILG and LGUs and shall periodically asses the effectiveness 
15 
of these training programs in coordination with the DILG; 
16 
(g) The DA and DOH, in cooperation with the LGUs, shall monitor the 
17 
presence of biological, chemical, physical contaminants in food to determine 
18 
the nature and sources of food safety hazards in the food supply chain. 
19 
20 
SEC. 16. Specific Responsibilities of the Department of Agriculture. - The DA 
21 
shall be responsible for the development and enforcement of food safety 
22 
standards and regulations for foods in the primary production and post 
23 
harvest stages of the food supply chain. It shall monitor and ensure that the 
24 
relevant requirements of the law are complied with by farmers, fisherfolks and 
25 
food business operators. Pursuant thereto, the DA Secretary shaH ensure that 
18 


the food safety regulatory mandates and functions for fresh plant, animal, 
2 
fisheries and aquaculture foods of the DA agencies are clearly defined. The 
3 
agencies under the DA with food safety regulatory functions are the following: 
4 
(a) Bureau of Animal Industry (BAI), for food derived from animals including 
5 
eggs and honey production; 
6 
(b) National Dairy Authority (NDA), for milk production and post harvest 
7 
handling; 
8 
(c) National Meat Inspection Service (NMIS), for meats; 
9 
'(d) Bureau of Fisheries and Aquatic Resources (BFAR), for fresh fish and 
10 
other seafoods including those grown by aquaculture. 
II 
(e) Bureau of Plant Industry (BPI), for plant foods; 
12 
(f) Fertilizer and Pesticide Authority (FPA), for pesticides and fertilizers used 
13 
in the production of plant and animal food; 
14 
(g) Philippine Coconut Authority (PCA), for fresh coconut; 
15 
(h) Sugar Regulatory Administration (SRA), for sugar cane production and 
16 
marketing; and 
17 
(i) National Food Authority (NFA), for rice, corn and other grains. 
18 
The Bureau of Agriculture and Fisheries Product Standards (BAFPS) 
19 
shall develop food safety standards including those for organic agriculture. 
20 
The BAFPS shall establish the mechanism for the development of science-
21 
based food safety standards for fresh plant, animal, fisheries and 
22 
aquaculture foods and shall use the services of experts from the FSRA, 
23 
other government agencies, academe and private sector. 
24 
The Food Development Center (FDC) of the NFA shall provide 
25 
scientific support in testing, research and training. 
19 


1 
When necessary and when funds allow, the appropriate food safety 
2 
units shall be created within the above-stated agencies. To strengthen 
3 
these organizations, they shall be provided with the necessary personnel 
4 
out of the existing manpower of the DA. 
5 
Finally, the DA shall, in coordination with other government agencies, 
6 
monitor the presence of contaminants in foods of plant, animal and fishery 
7 
origin and shall formulate and implement measures to address incidents of 
8 
food contamination. 
9 
I 
10 
SEC. 17. The Undersecretary for Policy and Planning, R&D and Regulations 
11 
-
Oversight 
functions for the Food Safety Act shall be assigned to the 
12 
Undersecretary for Policy and Planning, R&D and Regulations. 
13 
The Undersecretary for Policy and Planning, R&D and Regulations 
14 
shall directly supervise the Food Development Center and the BAFPS and 
15 
shall be the coordinator for Codex activities at the DA and the Codex Contact 
16 
Point. 
17 
The Undersecretary for Policy and Planning, R&D and Regulations 
18 
shall be provided with the necessary manpower and funds from existing 
19 
resources to ensure the smooth and efficient discharge of its functions. 
20 
SEC. 18. Specific Responsibilities of the DOH - The DOH shall bear the 
21 
following specific responsibilities: 
22 
23 
(a) The DOH shall ensure the safety of all food processing and product 
24 
packaging activities; 
20 


~ ---
-~-
----~ 
1 
(b) The FDA Center for Food Regulation and Research shall be responsible 
2 
for implementing 
a performance-based food safety control management 
3 
system which shall include, but not limited to, the following: 
4 
i. 
Development of food standards and regulations; 
5 
ii. 
Post- market monitoring; 
6 
iii. 
Enforcement of HACCP and other risk based control measures; 
7 
iv. 
Strong participation in Codex and other international standard setting 
8 
bodies; 
9 
v. Communication of risks and development of interactive exchange 
10 
among stakeholders; 
11 
vi. Establishment of laboratories for food safety and strengthening the 
12 
capabilities of existing laboratories; 
13 
vii. Development of a database of food safety hazards and food- borne 
14 
illness from epidemiological data; 
15 
viii. Strengthening R&D capabilities on product safety and quality 
16 
standards; and 
17 
ix. Certification of food safety inspectors 
18 
(c) The Bureau of Quarantine (BOQ), shall provide sanitation and ensure food 
19 
safety in its area of responsibility in both domestic and international ports and 
20 
airports of entry, including In-flight catering, food service establishments, sea 
21 
vessels and aircraft as provided for in the Implementing Rules and 
22 
Regulations (IRR) of R.A. 
9271 and P.D. 856, otherwise known as the 
23 
Sanitation Code of the Philippines. 
24 
(d) The National Epidemiology Center (NEC), Research Institute of Tropical 
25 
Medicine (RITM) and the National Center for Disease Prevention and Control 
21 


(NCDPC) shall conduct and document epidemiological monitoring studies on 
2 
food-borne illnesses for use in risk-based policy formulation. Food safety risk 
3 
assessment bodies shall be established for this purpose. 
4 
(e) The National Center for Health Promotion (NCHP) shall be responsible for 
5 
advocating food safety awareness, information and education to the public. 
6 
(f) The NCDPC shall strategize actions to help ensure the safety of food, 
7 
reduce the risk of food contamination and food-borne diseases, address the 
8 
double burden of micronutrient deficiencies and non-communicable diseases 
9 
and to regularly evaluate the progress made. 
10 
(g) The DOH and the FDA Center for Food Regulation and Research shall be 
II 
strengthened in terms of establishing food safety functional divisions and 
12 
incremental staffing of food safety officers and experts and be provided with 
13 
funds including the fees collected from services. 
14 
15 
SEC. 19. Specific Responsibilities of the OILG and LGUs - The DILG and 
16 
local governments shall bear the following responsibilities: 
17 
(a) The LGUs shall be responsible for the enforcement of the Code of 
18 
Sanitation (PD No 856 December 23, 1975), food safety standards and food 
19 
safety regulations where food is produced, processed, prepared and/or sold in 
20 
their territorial jurisdiction. This shall include, but shall not be limited to, the 
21 
following: 
22 
1. Sanitation particularly in public markets, slaughterhouses, micro and 
23 
small food processing establishments and public eating places; 
24 
2. Codes of Practice for production, post harvest handling, processing 
25 
and hygiene; 
22 


3. Safe use of food additives, processing aids and sanitation chemicals; 
2 
and 
3 
4. Proper labelling of pre-packaged foods. 
4 
(b)The DILG shall support the DOH and the DA in the collection and 
5 
documentation of food-borne illness data monito(,ng and research. 
6 
(c) The DILG and LGUs shall participate in training programs, standards 
7 
development and other food safety activities to be undertaken by the DA, the 
8 
DOH and other concerned national agencies. 
9 
10 
Article VI 
II 
Food Safety Regulation Coordinating Board (FSRCB) 
12 
J3 
SEC. 20. Powers and Functions. - There is hereby created a Food Safety 
14 
Regulation Coordinating Board, herein after referred to as the Board, with the 
15 
following powers and functions: 
16 
(a) Monitor and coordinate the performance and implementation of the 
17 
mandates of the DA, DOH, DILG and LGUs in food safety regulation; 
18 
(b) Identify the agency responsible for enforcement based on their legal 
19 
mandates when jurisdiction over specific areas overlap; 
20 
(c) Coordinate 
crisis 
management and 
planning 
during 
food 
safety 
21 
emergencies; 
22 
(d) Establish the policies and procedures for coordination among agencies 
23 
involved in food safety; 
24 
(e) Continuously evaluate the effectiveness of enforcement of food safety 
25 
regulations and research and training programs; 
23 


I 
(f) Regularly submit reports to the Congressional Committees on Health, 
2 
Agriculture and Food, and Trade and Industry; and 
3 
(g) Accept grants and donations from local and intemational sources. 
4 
5 
SEC. 21. Organization. -
Within 30 days from the effectivity of this Act, the 
6 
Secretaries of the DA, DOH and the DILG shall organize the Board in 
7 
accordance with the following rules: 
8 
9 
(a) The Board shall be chaired by the DOH Secretary and co- chaired by the 
10 
DA Secretary. The alternate chair for the DOH shall be the FDA Director 
II 
General and the alternate co-chair for the DA Secretary shall be the 
12 
Undersecretary for Undersecretary for Policy and Planning, R&D and 
13 
Regulations. 
The members of the Board shall be the Heads of the food 
14 
safety regulatory agencies of the DA, the Director of the FDA Center for Food 
15 
Regulation and Research, a representative field operator of the DILG with the 
16 
rank of a Director, the Heads of Leagues of Barangays, Municipalities, Cities 
17 
and Provinces and a representative each from the DTI and the DOST with the 
18 
rank of a Director. Directors of other DOH agencies with food safety concerns 
19 
shall join the meeting as it may be deemed necessary by the DOH; 
20 
(b) Within 12 months from the effectivity of this Act, the Board shall submit a 
21 
Manual of Procedures containing the rules for the conduct of meetings and 
22 
decision-making, among others; 
23 
(c) The Board shall be assisted by administrative and technical secretariat at 
24 
the DOH. Both the DOH and the DA shall establish functional divisions and 
25 
shall organize the administrative and technical personnel for the operation of 
24 


1 
the Board. The personnel needed under th'is secti on shall be taken from the 
2 
existing manpower of each department; 
3 
(d) Funds shall be allocated by the respected agElncies concemed with food 
4 
safety to pay for the organization of meetin!Js, participation of Board 
5 
members, secretariat, experts and the expensef; of a Working Group to be 
6 
created by the Board to prepare its manual of procedures. 
7 
8 
SEC. 22. Accountability for Food Safety Regulation. - The FSRAs of the DA 
9 
& DOH, in coordination with the LGUs, shall be responsible in ensuring food 
10 
safety at various stages of the food supply chain within their specified 
II 
mandates. 
12 
13 
ARTICLE VII 
14 
Crisis Management 
15 
16 
SEC. 23. Rapid Alert System. - A rapid alert system for the notification of a 
17 
direct or indirect risk to human health due to food shall be established by the 
18 
FSRCB. 
19 
SEC. 24. Emergency Measures. - Where it is evident that food originating 
20 
from within the country or imported from another country is likely to constitute 
21 
serious risk to human health, the Board in coordination with the FSRAs of 
22 
DOH and DA shall immediately adopt one or more of the following measures, 
23 
depending on the gravity of the situation: 
24 
(a) In the case of food of national origin: 
25 


1. Suspension of its distribution in the market or the use of the food in 
2 
question; 
3 
2. Laying down special conditions for the food in question; and 
4 
3. Any other appropriate interim measure. 
5 
(b) In the case of food from another country: 
6 
1. Suspension of imports of the food from all or parts of the third country 
7 
concerned and, where applicable from the third country of transit; 
8 
2. Laying down special conditions for the food in question from all or 
9 
part of the third country concerned; and 
10 
3. Any other appropriate interim measures. 
1 1 
12 
SEC. 25. Plan for Crisis Management. - The Board, in coordination with the 
13 
FSRAs and other relevant government agencies, shall prepare a general plan 
14 
for the management of a threat to food safety such as radiation contamination 
15 
of food, food shortage requiring coordinated action and other crisis situations 
16 
which may compromise food safety. 
This plan shall specify the situations 
17 
representing a direct or indirect risk to human health deriving from food which 
18 
are not likely to be prevented, eliminated or reduced to an acceptable level. 
19 
ARTICLE VIII 
20 
Implementation of Food Safety Regulations 
21 
22 
SEC. 26. Policies on Official Controls. - Official controls are established to 
23 
verify compliance with food laws and regulations and shall be prepared by 
24 
each agency. The following shall govern the exercise of official controls: 
26 


(a) Official controls shall be implemented by way of regulations prepared by 
2 
the food safety regulatory agencies in accordance with the principles 
3 
established in this Act; 
4 
(b) The frequency of official controls shall be proportionate to the severity and 
5 
likelihood of occurrence of the food safety risks being controlled; 
6 
(c) Official controls shall be based on appropriate techniques, implemented by 
7 
an adequate number of suitably qualified and experienced personnel and 
8 
with adequate funds, facilities and equipment; 
9 
(d) The regulatory agency or body performing official controls shall meet 
1 0 
op~rational criteria and procedures established by the agencies to ensure 
11 
impartiality and effectiveness; 
12 
(e) Any personnel of food safety regulatory agencies such as, but not limited 
13 
to, food inspectors shall perform official controls at the highest level of 
14 
competence and integrity, ever mindful of conflict of interest situations; 
15 
(f) Policies and procedures for official controls shall be documented in a 
16 
Manual of Operations to ensure consistent, high quality, uniformity, 
17 
predictability and transparency; 
18 
(g) Provisions shall be made for official controls to be delegated to other 
19 
competent bodies as determined by the regulatory agency and of the 
20 
conditions under which this shall take place. When official controls are 
21 
delegated, appropriate coordination and other procedures including 
22 
oversight shall be in place and effectively implemented. The accountability 
23 
over the delegated function shall remain with the regulatory agency; and 
24 
(h) The agencies responsible for the implementation of official controls shall 
25 
be provided with the necessary funding and technical support out of their 
27 


existing budget to perform officia I controls according to the principles 
2 
indicated in this Act. 
3 
4 
SEC. 27. Traceability. - Traceability shall be established for foods at relevant 
5 
stages of production, post harvest handling, processing or distribution, when 
6 
needed to ensure compliance with food safety I"equirements. The rule on 
7 
traceability shall also cover production inputs suc.h as feeds, food additives, 
8 
ingredients, packaging materials, and other substances expected to be 
9 
incorporated into a food. To ensure traceability, food business operators are 
10 
required to: 
11 
(a) Be able to identify any person or company from whom they have been 
12 
supplied with: 
13 
1. Food; 
14 
2. A food-producing animal; 
15 
3. Production chemicals as pesticides and drugs; and 
16 
4. Production, post harvest handling and processing inputs such as 
17 
feeds, food additives, food ingredients, packaging materials, or any 
18 
substance expected to be incorporated into food or food product. 
19 
(b) Establish and implement systems and procedures which allow the above 
20 
information to be available to the regulatory authorities on demand, and 
21 
(c) Establish systems and procedures to identify the other businesses to 
22 
which their products have been supplied. This information shall be made 
23 
available to the regulatory authorities upon demand. 
24 
Traceability in 
case of food-borne disease outbreak shall be 
25 
established by the National Epidemiology Center (NEC) of the DOH. 
28 


2 
SEC. 
28. 
Licensing, 
Registration 
of Establishments. 
-
Appropriate 
3 
authorizations shall be developed and issued in the form of a permit, license 
4 
and certificate of registration or com pliance that would cover establishments, 
5 
facilities engaged in production, post harvest, handling, processing, packing, 
6 
holding or producing food for consulllPtion in accordance with the mandated 
7 
issuances of regulatory agency issuing such authorizations. 
Special 
8 
derogations shall be provided due to geographical location and after an 
9 
assessment of risks, especially for micro, small and medium sized food 
10 
business operators and health products. 
11 
12 
SEC. 29. 
Inspection of Food Business Operators. - Regular inspection of 
13 
food business operators shall be performed by the FSRAs or the control 
14 
bodies delegated to conduct the activity. In addition, the following rules shall 
15 
be followed in the conduct of inspections: 
16 
(a) Inspection shall take into account compliance with mandatory food safety 
17 
standards, the implementation of HACCP, good manufacturing practices and 
18 
other requirements of regulations; 
19 
(b) The frequency of inspections shall be based on the assessment of risks. 
20 
Establishments producing high risk foods or carrying out high risk activities 
21 
shall be inspected more frequently; 
22 
(c) Inspectors shall have defined skills on risk-based inspection and shall be 
23 
regularly evaluated based on suitable procedures to verify their continuing 
24 
competence; and 
29 


(d) Appropriate procedures shall be in place to ensure that the results of 
2 
inspection are interpreted in a uniform manner. 
3 
4 
SEC. 30. 
Food Testing Laboratories. - The following shall guide the 
5 
management and operation of food testing laboratories: 
6 
(a) Food testing shall be carried out by laboratories accredited in accordance 
7 
with international standards. 
Those that are not currently accredited shall 
8 
apply for accreditation within a specified period of time; 
9 
(b) Testing shall be carried out using the internationally approved procedures 
10 
or methods of analysis that have been validated; 
11 
(c) Laboratories shall be organized and managed to prevent conflict of 
12 
interest in the conduct of testing; 
13 
(d) Laboratories shall be staffed with analysts with the required expertise and 
14 
professional competence; and 
15 
(e) FSRAs may recognize private testing laboratories accredited by the 
16 
Philippine Accreditation Office (PAO) of the Department of Trade and Industry 
17 
(DTI) to support their testing needs. 
18 
19 
ARTICLE IX 
20 
Training and Consumer Education 
21 
22 
SEC. 31. Training. -
Skills training and other instructional/educational 
23 
activities shall be regularly provided to food business operators, food handlers 
24 
and to government personnel as follows: 
25 
30 


(a) Food business operators particularly micro, small and medium scale 
2 
enterprises shall be trained on the requirements of food safety regulations and 
3 
the understanding of these requirements. Personnel shall be trained on 
4 
HACCP, on the codes of good practice and on technologies that will enable 
5 
them to comply with regulations; 
6 
(b) Mandatory training on safe food handling and similar courses shall be 
7 
implemented for food handlers of food businesses; and 
8 
(c) Government personnel shall be trained on the scientific basis for the 
9 
provisions of the law and on the conduct of official controls; 
10 
The different food safety regulatory agencies shall identify training 
11 
needs and the appropriate training programs. Mandatory training programs 
12 
shall be developed and implemented by accredited training providers. 
13 
14 
SEC. 32. Consumer Education. - A consumer education program shall be 
15 
developed by the DA, DOH and LGU's in partnership with the Department of 
16 
Education, the implementation of which shall be carried out by the latter. 
17 
18 
SEC. 
33. Funding. - Funds shall be provided for the development and 
19 
implementation of training and consumer education programs. 
20 
ARTICLE X 
21 
Food-borne Illness Monitoring, Surveillance and Research 
22 
23 
SEC. 34. Food-borne Illness Monitoring and SU/veillance. - The government, 
24 
in support of risk analysis, shall implement the following programs: 
31 


(a) An integrated food borne disease monitoring system that links to the 
2 
sources of food contamination in collaboration with the DOH National 
3 
Epidemiology Center and the National Center for Disease Prevention and 
4 
Control; 
5 
(b) Identification of hazards in the food supply chain and assessment of levels 
6 
of exp,?sure to the hazards. 
7 
8 
SEC. 35. Research. - The gOl/ernment and academe shall develop and 
9 
implement a program of research on cost effective technologies and codes of 
10 
practice for assisting farmers, fisherfolks, micro, small and medium scale 
II 
enterprises and other stakeholders to enable them to comply with food safety 
12 
regulations. 
13 
14 
ARTICLE XI 
15 
Policy on Fees 
16 
17 
SEC. 36. 
Col/ection of Fees. - The DA, DOH and the LGUs, where 
18 
applicable, shall be allowed to collect fees for the inspection of food products, 
19 
production and processing facilities, issuance of import or export certificates, 
20 
laboratory testing of food samples and other fees as may be deemed 
21 
necessary. 
22 
Fees shall be based on an officially-approved procedure for estimating the 
23 
cost of the activity undertaken and shall be subject to government accounting 
24 
and auditing rules and regulations. 
25 
32 


1 
ARTICLE XII 
2 
Prohibitions, Penalties and Sanctions 
3 
4 
SEC. 37. Prohibited Acts. - It shall be unlawful for any person to: 
5 
a) Produce, handle or manufacture for sale, offer for sale, distribute in 
6 
commerce, or import into the Philippines any food or food product 
7 
which is not in conformity with an applicable food quality or safety 
8 
standard promulgated in accordance with this Act; 
9 
b) Produce, handle or manufacture for sale, offer for sale, distribute in 
10 
commerce, or import into the Philippines any food or food product 
11 
which has been declared as banned food product by a rule 
12 
promulgated in accordance with this Act; 
13 
c) Refuse access to pertinent records or entry of inspection officers of the 
14 
FSRA; 
15 
d) Fail to comply with an order relating to notifications to recall unsafe 
16 
products; 
17 
e) Adulterate, misbrand, mislabel, falsely advertise any food product 
18 
which misleads the consumers and carry out any other acts contrary to 
19 
Good Manufacturing Practices; 
20 
f) 
Operate a food business without the appropriate authorization; 
21 
g) Connive with food business operators or food inspectors, which will 
22 
result in food safety risks to the consumers; and 
23 
h) Violate the Implementing Rules and Regulations of this Act. 
24 
33 


SEC. 38. Penalty. - Any person who shall violate any provision of this Act 
2 
shall suffer the penalties provided hereunder: 
3 
(a) For the first conviction, a fine of not less than Fifty thousand pesos 
4 
(P50,OOO.OO) but not more than One hundred thousand pesos 
5 
(P100,OOO.OO) and suspension of appropriate authorization for one (1) 
6 
month shall be imposed; 
7 
(b) For the second conviction, a fine of not less than One hundred 
8 
thousand pesos (P100,OOO.OO) but not more than Two hundred 
9 
thousand 
pesos 
(P200,OOO.OO) 
and 
suspension 
of appropriate 
, 
10 
authorization for three (3) months shall be imposed; 
II 
(c) For the third conviction, a fine of not less than Two hundred thousand 
12 
pesos (P200,OOO.OO) but not more than Three hundred thousand pesos 
13 
(P300,OOO.OO) and suspension of appropriate athorization for six (6) 
14 
months shall be imposed; 
IS 
(d) For violation resulting in slight physical injury of a person, upon 
16 
conviction, a fine of not less than Two hundred thousand pesos 
17 
(P200,OOO.OO) but not more than Three hundred thousand pesos 
18 
(P300,OOO.OO) and suspension of appropriate authorization for six (6) 
19 
months shall 
be 
imposed. The offender shall 
also 
pay the 
20 
hospitalization and rehabilitation cost of a person; 
21 
(e) For violation resulting in less serious or serious physical injury of a 
22 
person, upon conviction, a fine of not less than Two hundred thousand 
23 
pesos (P200,OOO.OO) but not more than Three hundred thousand pesos 
24 
(P300,OOO.OO) and suspension of appropriate authorization for one (1) 
34 


1 
year shall be imposed. The offender shall al so pay the hospitalization 
2 
and rehabilitation cost of a person; 
3 
(f) For violation resulting in death of a person, upon conviction, the penalty 
4 
of imprisonment of not less than six (6) morlths and one (1) day but not 
5 
more than six (6) years and one (1) day and a fine of not less than 
6 
Three hundred thousand pesos (P300,OOO.OO) but not more than Five 
7 
hundred thousand pesos (P500,OOO.OO) and permanent revocation of 
8 
appropriate authorization to operate a food business shall be imposed. 
9 
If the offender does not have the appropriate authorization, the imposable 
10 
fines shall be doubled. 
11 
If the offender is a government personnel, in addition to the penalty 
12 
prescribed herein, said personnel shall be subjected to the appropriate civil 
13 
service laws. 
14 
If the offender is a naturalized citizen, in addition to the penalty prescribed 
15 
herein, the naturalization certificate and the registration in the civil register of 
16 
said citizen shall be cancelled. Immediate deportation after payment of fine 
17 
and service of sentence shall also be imposed. 
18 
If the offender is an alien, said alien shall be summarily deported after 
19 
payment of fine and service of sentence and perpetually barred from entering 
20 
the country. 
21 
Any director, officer or agent of a corporation who shall authorize, order or 
22 
perform any of the acts or practices constituting in whole or in part a violation 
23 
of Section 37 hereof, and who has knowledge or notice of non-compliance 
24 
received by the corporation from the concerned department, shall be 
25 
subjected to the penalties under this Section. 
35 


In case the violation is committed by, or in the interest of a foreign juridical 
2 
person duly licensed to engage in business in the Philippines, such license to 
3 
engage in business in the Philippines shall immediately be revoked. 
4 
5 
ARTICLE XIII 
6 
FINAL PROVISIONS 
7 
8 
SEC. 39. Implementing Rules and Regulations. - The DA and the DOH shall 
9 
jointly issue the Implementing Rules and Regulations within ninety (90) days 
10 
after the effectivity of this Act. 
11 
12 
SEC. 40. Separability Clause. - If any provision of this Act is declared invalid 
I 
13 
or unconstitutional, the other provisions not affected thereby shall remain in 
14 
full force and effect. 
15 
16 
SEC. 41. Repealing Clause. - All laws, presidential decrees, executive orders, 
17 
rules and regulations inconsistent with the provisions of this Act are hereby 
18 
repealed, amended or modified accordingly. 
19 
SEC. 42. Effectivity. - This Act shall take effect fifteen (15) days after its 
20 
publication in two (2) newspapers of general circulation. 
21 
22 
Approved. 
36