CIAHAL DH

0-7-AUG 2013.“

een

Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 2197

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Introduced by Honorable Anthony M. Bravo and Honorable
Cresente C. Paez

EXPLANATORY NOTE

‘The World Health Organization defines food safety as pertaining 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 from biological, chemical or physical contaminant in
amounts or levels that may represent a hazard to health. The Constitution embodies the goals of
this bill in Article 2, Section 15 which provides that the State shall protect and promote the right
to health of the people and instill health consciousness among them

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 occurs
when hair, broken 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

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consumers who have no access or control over the food they are served before they eat them.
Persons who produce or process food for human consumption have the responsibility to prevent
or minimize food safety hazards related to their products. They should ensure that all fully
processed or ready-to-eat food are processed in a sanitary manner in order to eliminate human
pathogens or other potentially harmful substances likely to cause food-borne illness.

Hence, this bill seeks to establish a comprehensive program for the purpose of protecting
human health, by ensuring that the food industry has effective programs in place to assure the

safety of food products consumed in the Philippines.

HON. A! ONY M. BRAVO HON. GheseNre C. PAEZ


Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILLNO,_ 2197

ES SocwmraaHvav ne

Introduced by Honorable Anthony M. Bravo and Honorable
Cresente C. Paez

is}

13 AN ACT

14 TO ESTABLISH A COMPREHENSIVE PROGRAM TO ENSURE THE SANITATION AND
1S SAFETY OF FOOD PRODUCTS INTENDED FOR HUMAN CONSUMPTION IN

16 ALL STAGES OF THE PRODUCTION PROCESS

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

17 SECTION 1. Short Title. - This Act shall be known as the “Philippine Food and

18Sanitation Safety Act of 2013”

19 SECTION 2. Definitions, - For purposes of this Act

20 (A) The term “contaminants” includes bacteria, chemical contaminants, natural toxins,
2 viruses, parasites, and physical hazards that when found on or in food can cause human illness or
22injury.

23 (B) The term “facility” shall include any factory, warehouse establishment, or importer
24that handles or processes food

25 (C) The term “process” means the harvesting, preparations, manufacture, and

26transportation of food products.

27 (D) the term “Secretary” means the Secretary of Health.
28 TITLE I - PHILIPPINE FOOD SAFETY PROGRAM
29 SECTION 3. Administration of a Philippine Food Sanitation and Safety Program. ~ (A)

30IN GENERAL - (1) Persons who produce or process food for human consumption have the
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Iresponsibility to prevent or minimize food safety hazards related to their products. The Secretary
2shall administer a national program for the purpose of protecting human health by ensuring that
3the food industry has effective programs in place to assure the safety of food products consumed

4in the Philippines

5 (2) The program shall -
6 (a) be based on a comprehensive analysis of the hazards associated with different
7 food products and with the harvesting, processing and handling of different food
8 products, including the identification and evaluation of -

9 (i the severity of the potential health risks;

10 (ii) the sources and specific points of potential contamination that may render
ul food products unsafe for human consumption; and

12 (ii) the potential for persistence, multiplication or concentration of naturally
13 occurring or added contaminants in foods and food products;

4 (iv) take into consideration the distinctive characteristics of food production
1s and processing;

16 (¥) establish inspection and oversight procedures to monitor that facilities are
7 utilizing preventive controls to minimize or eliminate identifiable hazards; and

18 (vi) require each food processing facility to annually register with the
19 Secretary,

20 (B) PROGRAM ELEMENTS - The program shall provide for: (1) implementation of a

2 national system for the registration and quarterly inspection of facilities and importers. Quarterly
22inspections can be waived by plants that meet the Secretary's standards for exceptional or

23negligible-risk facilities or importers;

24 (2) development of a program to oversee the implementation of process controls in
25 food processing facilities;

26 (3) the establishment and enforcement of health-based standards for (a) substances
27 which may contaminate food; and (b) safety and sanitation in the processing and in food

28 processing facilities;


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(4) implementation of a sampling program to ensure that industry programs to
prevent food contamination are effective and that food products meet the standards
established in paragraph (1);

(5) implementation of procedures and requirements to ensure the safety of imported
food products;

(6) coordination with other agencies in carrying out inspection, enforcement, and
monitoring,

(7) implementation of a national surveillance system to access the health risks
associated with the human consumption of food products, in cooperation with the
Secretary of Agriculture;

(8) development of public education and advisory programs; and

(0) implementation of a research program in furtherance of the purposes of this Act

SECTION 4. Registration of Processors and Importers. ~ (A) IN GENERAL - Any

14facility engaged in processing of food products and any person who imports food products shall

1Sregister with the Secretary. Application for registration shall be made to the Secretary using such

16forms and containing such information as the Secretary shall prescribe by regulation within

17twenty-four (24) months after the date of enactment of this Act. Upon receipt and review of a

18completed application, the Secretary shall issue to the applicant a certificate of registration unless

19go0d cause is shown why such application should be denied. The Secretary shall promptly notify

20any applicant of such denial, include written explanation of the reasons for such denial, and

2 provide an opportunity for a hearing or reapplication upon request

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(B) SUSPENSION OF REGISTRATION -
(1). The registration may be suspended immediately by the Secretary for -
(@) failure to permit access for inspection under this Act
(b) violation of this Act or regulation issued under this Act, where the Secretary
determines that such Suspension is likely to prevent a significant risk of adverse

health consequences;


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(c) conviction of the applicant of registrant of -
(i) any felony other than a felony based upon the acquiring, handling, or
distribution of adulterated or misbranded food; or
(ii) more than one violation of any law other than a violation involving any
fraud in connection with transactions in food.
(2) Any registration suspended under paragraph (1) may be restricted whenever the
Secretary determines that suspension is no longer necessary.

(C) EXEMPTION AUTHORITY - The Secretary may by regulation exempt classes of

facilities from the requirements of paragraph (A) if the Secretary determines that the registration

10of such facilities or persons is not needed for effective enforcement of this Act.

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SECTION S. Process Controls To Reduce The Adulteration of Food Products. —

(A) IN GENERAL - The Secretary shall, upon the basis of the best available scientific

13and technological data, prescribe regulations to-

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(1) limit the presence of human pathogens and other potentially harmful substances
in food products;

(2) ensure that all registered facilities implement appropriate measures to control
and reduce the presence and growth of human pathogens and other potential substances
on food products;

(3) ensure that all fully processed or ready-to-eat food products are processed in a
sanitary manner, using reasonably available techniques and technologies to eliminate any
human pathogens or other potentially harmful substances likely to cause food-borne
illness;

(4) ensure that food products intended for final processing outside commercial
establishments are labelled with instructions for handling and preparation for
consumption which, when adhered to, will destroy any human pathogens or other

potentially harmful substances likely to cause food-borne illness;


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(5) ensure that toxic and harmful food additives mixed with food or livestock feeds
be restricted and phased out if feasible; and

(6) ensure that plasticizers that are determined by the Secretary to be carcinogenic
and used for the packaging of food products be phased out within one (1) year from the

promulgation of this Act

(B) REGULATIONS - The Secretary shall, within one (1) year of the enactment of this

8Act, issue regulations that require all registered facilities to adopt processing controls adequate to

Oprotect public health and to limit the presence and growth of human pathogens and other

lOpotentially harmful substances in food products prepared in any registered facility. Such

regulations shall-

12 (1) set standards for sanitation;
13 (2) set tolerances for biological, chemical and physical hazards as appropriate,

14 (3) require process controls to assure that food is safe and that relevant regulatory
15 and safety standards are met;

16 (4) require record-keeping to monitor compliance;

17 (5) require sampling to assure that processing controls are effective and that
18 regulatory standards are being met; and

19 (6) provide for agency access to records kept by official establishments and
20 submission of copies of such records to the Secretary as the Secretary deems appropriate
21 The Secretary may, as the Secretary deems necessary, require any person, firm or
2 corporation with responsibility for or control over food ingredients to adopt processing
2B controls, where such processing controls are needed to assure the protection of public
24 health,

25 SECTION 6. Inspections of Processors and Importers. — (A) NATURE OF
26INSPECTIONS -

21 (1) The inspection system shall provide for frequent unannounced inspections of
28 food processing and importing facilities to determine if such facilities are operated in a

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sanitary manner and if food products are unsafe for human consumption, or adulterated or
misbranded. Inspection shall include review of processing records and sample

(2) Inspections shall be conducted at least quarterly, unless the Products determines
that the facility, is an exceptional or negligible-risk facility under standards established
by the Secretary

(3) Standards for exceptional or negligible-risk facilities shall consider the hazards
associated with the type of product being produced; and the facility’s history of
compliance, food safety problems and such other factors as the Secretary may deem
appropriate, The Secretary shall specify an alternative inspection frequency for each
facility which is deemed exceptional or negligible risk. Each inspection shall include an
examination of whether the facility continues to meet the standards for exceptional or
negligible-risk facilities.

(B) CONDUCT OF INSPECTIONS -

(1) An inspection under subsection (1) of any domestic, foreign or importing facility
shall extend to all things therein (including records required to be maintained under
subsection (5), processes, controls, and premises) that bear on weather, food products are
in compliance with this Act. Access to records may include the copying of such records

(2) In conducting such inspections, officers or employees duly designated by the
Secretary, upon presenting appropriate credentials to the owner, operator or agent in
charge, are authorized-

(a) to enter at reasonable times any facility in which persons are engaged in the
food processing or importing of food products, or to enter any vehicle being used to
transport or hold such food products;

(b) to inspect in a reasonable manner such facility or vehicle and all pertinent
equipment, finished and unfinished materials, containers, labelling, processes,
controls, and premises; and

(©) to collect and retain samples of food products or ingredients or of any other
items found during an inspection that may contribute to a finding of whether such

food products are unsafe for human consumption or adulterated or misbranded.


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(3) Immediately after completion of inspection, the officer or employee making the
inspection shall give to the owner, operator, or agent in charge a report in writing setting
forth any conditions or practices observed which indicate that either processing controls
are inadequate to prevent or minimize food safety hazards or that any food from such
facility is unsafe for human consumption, or adulterated or misbranded.

(C) PRODUCT DETENTION AND CONDEMNATION

(1) If, during an inspection conducted under this section, an officer or employce
making the inspection has reason to believe that a food product is unsafe for human
consumption, or adulterated or misbranded, such officer or employee may order the food
product segregated, impounded, and if objection is not made within 48 hours,
condemned. If objection is made, such food products that are in perishable form may be
processed to the extent necessary to prevent spoilage, and a hearing shall be commenced
expeditiously.

(2) if the Secretary determines that, through re-labelling or other action, such food
products can be brought into compliance with this Act, the food may be released
following a determination by the Secretary that such re-labelling or other action as
specified by the Secretary has been performed

(3) Any food product condemned without objection, or after hearing and judicial
review, shall be destroyed under supervision of the Secretary

(D) OFFICIAL MARK - The Secretary shall prescribe by regulation the conditions under

21which any food product shall display an official mark, when needed to facilitate exports, that

22signifies that the food product has been processed in accordance with standards approved by the

23Secretary. Such a mark may be subject to a fee

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(E) MAINTENANCE OF RECORDS - Each facility or person registered under this

25section shall maintain and make available for inspection by the Secretary such records as the

26Secretary may prescribe. Such records shall be maintained for a reasonable period of time as

27determined by the Secretary. The records shall include, but are not limited to, information

28concerning -

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(1) the origin, receipt, delivery, sale, movement, holding, and disposition of food

2 products or ingredients; the identity and amount of ingredients used in the food; the
3 processing of the food; the results of laboratory, sanitation, or other quality control tests
4 performed on the food or in the facility; consumer complaints concerning the food or its
5 packaging; and

6 (2) other matters reasonably related to whether food products may be unsafe for
7 human consumption, or adulterated or misbranded.

8 SECTION 7. Tolerance for Contaminants in Food. ~

9 (A) TOLERANCES - The Secretary shall establish tolerances limiting the quantity of

10contaminants that, when found in food products, may render such products unsafe for human
I1consumption. Contaminants include, but are not limited to bacteria, chemical contaminants,
12natural toxins, viruses and parasites that when found on or in food can cause human illness. Such
13tolerances may include indicators (including indicator organisms) from which it may reasonably
be inferred that a contaminant is present in a food product. In developing a tolerance, the
15Secretary shall take into account the extent to which consumers may be exposed to such
lécontaminant from sources other than food, and the extent to which such contaminant can be
lJavoided or minimized in the commercial handling and processing of such food.

18 (B) REGULATIONS - (1) The Secretary, after notice and an opportunity for comment,
19shall promulgate regulations to implement paragraph (A) within forty-eight (48) months after the
20date of enactment of this Act. In promulgating such regulations, the Secretary shall establish for
2 the contaminants that the Secretary determines are having the greatest public health impact6 as

22early as feasible after implementation of this Act.

23 (2) A tolerance established under this section shall be based on ~
24 (a) a scientific analysis of the health risks attributable to the contaminant for which
25 the tolerance is established; and

26 (b) analysis of the risk for sensitive groups, such as children, elderly, pregnant
21 women and the immune compromised.

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1 (3) The Secretary shall, in a timely manner, issue revisions to the regulations under
2 paragraph (A) which take into account new information,

3 (C) REPORT - The Secretary shall report to the Congress on the progress of the
4Secretary in establishing tolerances under this section. The report shall include a description of
Sthe research that has been conducted with respect to such tolerances and the research that must
6be conducted before additional tolerances, a timetable for the establishment of such tolerances,
Tand the estimated cost, including costs of research, associated with the establishment of such
8tolerances. The report shall be transmitted on or about the end of 18th month after the date of the
Senactment of this Act, and biennially thereafter during the 6-year period that begins on such date

100f enactment.

ul SECTION 8. Imports. - (A) ROLE OF SECRETARY - Within twenty-four (24) months
Wafer the date of enactment of this Act, the Secretary shall establish and administer a
13comprehensive and efficient system to ensure the safety of food imported into the Philippines
14The Secretary shall routinely inspect processing facilities in exporting nations and imports at
ISports of entry into the country. The Secretary shall assure the effective operation; through
l6verification and other activities, as the Secretary considers necessary

7 (B) IMPORT REQUIREMENTS - (1) No food product may enter the Philippines, or be

18withdrawn from a warehouse, for consumption in the Philippines if such food product -

19 (a) appears unsafe for human consumption, or adulterated or misbranded;
20 (b) is not marked or labelled as required by regulations for domestic or imported
21 articles; or

2 (c) does not comply with the requirements of this Section.

2B (2) Upon entry for consumption in the Philippines, food products that are not
24 prohibited from entry or from withdrawal from a warehouse under paragraph (A) shall be
25 deemed to be treated as domestic food products, except that all labelling of such products
26 shall clearly identify the country of origin to facilitate the identification of products
27 linked to outbreaks of illness.

28 (C)_ INSPECTION OF IMPORTS - (1) Food products that are offered for importation,

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jor withdrawn from a warehouse, for consumption in the Philippines, shall be subject to
2examinations inspections, sampling, and such other procedures at the port of entry or in the
Bexporting nation by officers or employees duly designated by the Secretary. Such procedures
4shall be conducted with such frequency and in such manner as the Secretary may prescribe by

Sregulation,

6 (2) Food products from a nation that is certified for such food products under
7 subsection (E) (3) shall be subject to random examinations, inspection, sampling, and
8 other procedures. Food products from a nation that is not certified for such food products
9 under subsection (E) (3) shall be subject to such intensified examinations, inspection,
10 sampling, and other verification procedures, including inspection in the country of origin,
ul as the Secretary determines are necessary to ensure compliance with this Act
12 (D) DETENTION OF IMPORTED FOOD PRODUCT- If during an inspection or other

L3verification procedures came out under this section, an officer or employee conducting the
L4procedure has reason to believe that a food product is unsafe for human consumption, or
1Sadulterated or misbranded, such officer or employee may order the food product segregated,
16impounded, and if objection is not made within 48 hours, condemned. If objection is made, such
17food products that are in perishable form may be processed to the extent necessary to prevent
18spoilage, and a hearing shall be commenced expeditiously. The final condemnation or other
19disposition of such food product shall be subject to the provisions of this Act

20 (E) AGREEMENTS WITH FOREIGN NATIONS- (1) The Secretary may enter into an
2lagreement with any nation desiring to export food products to the Philippines. Prior to
22concluding such an agreement, the Secretary shall evaluate the food safety program of the
23foreign nation to determine if such program provides at least the same level of protection, with
2Arespect to food products intended for export to the Philippines, as domestic laws that affect the

25safety of the food supply. In such evaluation, the Secretary shall consider:

26 (a) the potential for health, sanitary, environmental, or other conditions within the
27 foreign nation to adversely affect the safety of food products exported from such nation;
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1 (b) how well the food safety programs of the foreign nation functions to minimize
2 any adverse effects on such safety
3 (2) Any agreement under this subsection with a nation desiring to export food products

4to the Philippines shall-

5 (a) require that the exporting nation shall-
6 (i establish and maintain a food safety system that is adequate to ensure that the
7 food products intended for export to the Philippines are safe for human consumption, and
8 not adulterated or misbranded; and
9 i) promptly notify the Secretary of any violations affecting the safety of food

10 products exported or intended for export to the Philippines;

ul (b) provide for such activities (whether in the exporting nation or at the port of entry

12during importation) by the Secretary, including examinations, inspections, sampling and testing,
13at such stages in the growth or harvest of food, or in the processing or handling of food products,
l4as the Secretary considers appropriate to ensure that the food safety program of the exporting
1Snation continues to provide at least the same level of protection, with respect to food products
16intended for export to the Philippines, as domestic laws that affect the safety of the food supply;
Vand

18 (0) provide for reciprocity with respect to the treatment of food imports and exports
19between the Philippines and the exporting nation.

20 (3) If the Secretary determines that a nation desiring to export food products to the
21Philippines has a program that provides at least the saline level of protection, with respect to
22food products intended for export to the Philippines, as domestic laws that affect the safety of the
23food supply, the Secretary shall, upon entry into force of an agreement under subsection (E)(I),
24certify the types of food products for which the nation maintains such a program

25 (4) The Secretary shall periodically or for good cause, and not less than once every three
26years, review certifications made under paragraph (3), and shall revoke the certification of any
2nation that the Secretary determines is not maintaining a food safety program that provides at
28least the same level of protection, with respect to food products intended for export to the

29Philippines, as domestic laws that affect the safety of the food supply.


1 (5) The Secretary shall review and modify, as needed, an agreement made under

2paragraph (1) with any nation whose certification has been revokes under subparagraph (i) of this

3paragraph.
4 TITLE II- EDUCATION, RESEARCH, AND ADVOCACY,

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6 SECTION 9. Public Health Assessment System. ~ (A) PUBLIC HEALTH SAMPLING -
7 (1) Within twelve (12) months after the date of enactment of this Act, the Secretary in

Scooperation with the Secretary of Agriculture shall establish guidelines for a sampling system
Sunder which the Secretary of Agriculture shall take and analyze samples of food products to
1Oassist the Secretary in carrying out this Act and to more accurately assess the nature, frequency

Hof occurrence and amounts of contaminants in food products

12 (2) Such sampling system shall provide~
13 (a) statistically valid monitoring, including market-basket studies, on the nature,
4 frequency of occurrence, and amounts of contaminants in food products available to
15 consumers; and

16 (b) at the request of the Secretary, such other information, including may analysis of
7 monitoring and verification samples, as the Secretary determines be usefull in assessing
18 the occurrence of contaminants in food products

19 (B) ASSESSMENT OF HEALTH HAZARDS - Through the surveillance system referred

20to in subsection (A) (1) and the sampling system described in subsection (A) (2), the Secretary
2\shall rank food categories based on their hazard to human health and identify appropriate

22industry and regulatory approaches to minimize hazards in the food supply. Such analysis could

23include -
24 (1) the safety of commercial harvesting and processing, as compared with the health
os hazards associated with food products that are harvested for recreational or subsistence
26 purposes and prepared non-commercially;

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(2) the safety of food products that are domestically harvested and processed, as

2 compared with the health hazards associated with food products that are harvested or
3 processed outside of the Philippines; and

4 (3) contamination originating form handling practices that occur prior to or after the
5 sale of food products to consumers,

6 SECTION 10. Public Education and Advisory System. ~

7 (A) PUBLIC EDUCATION. - The Secretary, in cooperation with private and public

Sorganizations, shall design and implement a national public education program on food safety.

The program shall provide -

10 (1) information to the public regarding standards and good practice require a
i national public education program on food safety, promotion of public awareness
12 understanding, and acceptance of such standards and requirements;

13 (2) information to health professionals so that the may improve diagnosis and
14 treatment of food-related illness and advise individuals whose health conditions place
15 them in particular risk; and

16 (3) such other information or advice to consumers and other persons as the Secretary
17 determines will promote the purposes of this Act

18 (B) HEALTH ADVISORIES-The Secretary, in consultation with the Secretary of

19Agriculture and the Secretary of Environment and Natural Resources, shall work to-

20 (1) develop and distribute regional and national advisories concerning food safety;
2 and

2 (2) develop standardized formats for written and broadcast advisories

23 SECTION 11. Research. - (A) IN GENERAL. - The Secretary shall conduct research to

24assist in the implementation of this Act, including studies to-

25 (1) improve sanitation and food safety practices in the processing of food products,
26 (2) develop improved techniques for the monitoring of food and inspection of food
DT, products;

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1 (3) develop efficient, rapid, and sensitive methods for determining and detecting the

2 presence of contaminants in food products,

3 (4) determine the sources of contamination of food and food products with
4 contaminants; and

5 (5) develop consumption date with respect to food products.

6 (B) CONTRACT AUTHORITY- The Secretary is authorized to enter into contracts and

agreements with the University of the Philippines or any state university or any other university,

Sother government agencies or other persons to carry out the activities under this Section

9 ‘TITLE IIl- MECHANISMS FOR ENFORCEMENT

10 SECTION 12. Notification and Recall, ~ (A) NOTICE TO SECRETARY OF
IIADULTERATION OR MISBRANDNG. - Any person (other than a household consumer or
VZother individual who is intended consumer of an article of food) that has a reasonable basis for
L3believing that any article of food introduced into or in interstate commerce, or held for sale
14(whether or not the first sale) after shipment in interstate commerce, may be adulterated or
1Smisbranded, or otherwise be in violation of appropriate laws shall immediately notify the
16Secretary, in such manner and by such means as the Secretary may by regulation prescribe, or
17the identity and location of such article

18 (B) RECALL AND CONSUMER NOTIFICATION - (1) VOLUNTARY
19PROCEDURES - If the Secretary finds, upon notification under subsection (A) or otherwise, that
2Oany article of food is adulterated or misbranded when introduced into or while held for sale
2 (whether or not for first sale) after shipment in interstate commerce and there is a reasonable
22probability that such article, if consumed, would present a threat to public health, as determined
23by the Secretary shall provide the appropriate persons (including the manufacturers, importers,

2ddistributors, or retailers) with an opportunity to -

25 (a) cease distribution of such articles;

26 (b) notify all persons-

27 () producing, manufacturing, packing, processing, preparing, treating,
28 packaging, distributing, or holding such article; or

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(ii) to which such article has been distributed, transported, or sold, to

2 immediately cease distribution of such article; or

3 (c) recall such article;

4 (d) provide, in consultation with the Secretary, notice to consumers to whom such
‘es article was, or may have been, distributed; or

6 (c) take any combination of the above measures, as appropriate in the circumstances.
Ss (2) PRE-HEARING ORDER TO CEASE DISTRIBUTION AND GIVE NOTICE - If

Ssuch person reuses to or does not voluntarily cease distribution, make notification, recall such
Qarticle, or provide notice to consumers, as applicable, within the time and in the manner
1Oprescribed by the Secretary, the Secretary shall, by order, require, as the Secretary deems

Linecessary, such persons to-

12 (a) immediately cease distribution of such articles;

3B (b) immediately notify all persons -

14 () producing, manufacturing, packing, processing, preparing, treating,
15 packaging, distributing, or holding such article; or

16 (ii) to which such article has been distributed, transported, or sold, to
17 immediately cease distribution of such article; or

18 (ii) immediately take the actions specified in both subparagraphs (B)(1) and (B)
19 Q)

20 (3) NOTIFICATION OF CONSUMERS BY SECRETARY - The Secretary shall, as the

21Secretary deems necessary, provide notice to consumers to whom such article was, or may have
22been, distributed

23 (4) HEARING ON ORDER - The Secretary shall provide any person subject to an order
24under subsection (b) with an opportunity for a hearing, to be held s soon as possible but not later
25than 2 days after the issuance of the order, on the action ,required by the order and on why the
26article that is the subject of the order should not be recalled

27 (5) POST-HEARING RECALL ORDER -

28 (a) AMENDMENT OF ORDER - If, after providing opportunity for a hearing

29 under subsection (3), the Secretary determines that there is a reasonable probability that


1 the article that is the subject of an order under subsection (2), if consumed, presents a

2 threat to public health, the Secretary, as the Secretary deems necessary, may ~
3 (i) amend the order to require recall of such article or other appropriate action.
4 (ii) specify a timetable in which the recall shall occur;

5 (iii) require periodic reports to the Secretary describing the progress of the
6 recall; and

7 (iv) provide notice to consumers to whom such article was, or may have been,
8 distributed

9 (b) VACATION OF ORDER - If, after such a hearing, the Secretary determines that
10 the adequate grounds do not exist to continue the actions required by the order, the
ul Secretary shall vacate the order.

12 (c) REMEDIES NOT EXCLUSIVE - The remedies provided in this section shall be
13 in addition to and not exclusive of other remedies that may be available

4 SECTION 13. Civil Penalties. ~

15 (A) IN GENERAL. - (1) ACTS SUBJECT TO PENALTY; PENALTY AMOUNT. -

16Any person that commits and act that violates this Act may be assessed a civil penalty by the
17Secretary, subject to review in accordance with the administrative code and - other pertinent
I8laws, of not more than One Hundred Thousand Pesos (P100,000.00) for such act. Each such act
19and each day during which such act continues shall be a separate offense.

20 (2) NOTICE AND HEARING - No penalty shall be assessed by the Secretary under this
2 section unless such person is given notice and opportunity for a hearing on the record before the
22Secretary in accordance with laws pertinent to administrative proceedings

23 (3) OTHER REQUIREMENTS - The amount of such civil penalty shall be assessed by
2athe Secretary by written order, taking into account the gravity of the violation, degree of
25culpability, size and type of business, and any history of prior offenses;

26 (B) COLLECTION ACTIONS - If any person fails to pay an assessment of a civil
27penalty after it has become a final and unappealable order, the Secretary shall refer the matter to
28the Solicitor General, who shall institute a civil action to recover the amount. In such collection

29


actions, the validity and appropriateness of the Secretary’s order imposing the civil penalty shall
2not be subject to review

3 (C) SECRETARY’S DISCRETION TO PROSECUTE - Nothing in this Act shall be
4construed as requiring the Secretary to report for prosecution, or for the institution of libel or
Sinjunction proceedings, violations of this Act whenever the Secretary believes that interest will

6be adequately served by assessment of civil penalties,

7 SECTION 14. Whistleblower Protection.- (A) IN GENERAL - employee or other person

Smay be harassed, prosecuted, held liable or discriminated against in any way because that

9person-

10 (1) has commenced, caused to be commenced, or is about to commence a the
u public proceeding, testified or is about to testify at a proceeding, or assisted or
12 participated or is about to assist or participate in any manner in such a proceeding or in
13 any other action to carry out the purposes, actions or responsibilities set forth in this Act,
4 (2) is refusing to violate or assist in the violation of a law, rule or regulation.

15 SECTION 15. Traceback. ~The Secretary may impose on a food product requirements

16for the traceability of such type or class of food product whenever such requirements are
ITnecessary to assure the protection of the public health. Traceability requirements shall be

18established in accordance with regulations and guidelines issued by the Secretary.

19 SECTION 16. Citizen's Civil Action, ~ Any person may against
20 (A) any person who violated any rule, tolerance, order, or ensure the safety of food
2 products; or

2 (B) the Secretary where there is alleged a failure of the Secretary to perform any act or

23duty to ensure the safety of food products, which is not discretionary,

24 TITLE IV- APPROPRIATION/ AUTHORIZATION
25 SECTION 17. Authorization of Appropriations. ~ (A) IN GENERAL-There are
26authorized to be appropriated such sums as may be necessary to carry out the provisions of this

27Act


1 (B) RESEARCH PROGRAM AUTHORIZATION - Of the funds authorized to be
2appropriated under subsection (I), there are authorized to be appropriated such sums as may be

3necessary to carry out the research program authorized by this Act,

4 SECTION 18, Separability Clause. - If any provision, or part hereof, is held invalid or
Sunconstitutional, the remainder of the law or the provision not otherwise affected shall remain

6valid and subsisting,

7 SECTION 19. Repealing Clause. - Any law, presidential decree or issuance, executive
Border, 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.

10 SECTION 20. Effectivity Clause, — This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation

Approved,