FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S. No. sENFi53 
5 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Sometime in March 2007, a massive recall of pet food prompted lawmakers in the United 
States to examine their food safety inspection procedures. Some pet foods were later found to be 
toxic. On the other hand, sometime in August 2007, there was some controversy in the 
Philippines regarding food imports - this time for human consumption - which reportedly 
contained lethal amounts of lead. 
This bill seeks to create a mechanism to ensure the utmost safety of food both for human 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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S. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR A MECHANISM TO ENSURE THE UTMOST SAFETY 
OF FOOD FOR HUMAN AND PET CONSUMPTION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act may be cited as the “Human and Pet Food Safety 
Act of 2007.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act seeks to provide a mechanism to ensure 
the utmost safety of food for human and pet consumption. 
SECTION 3. Food Safety for Humans and Pets. - 
(A) Notification and Recall. - 
(1) In General. - A person that has reason to believe that any food introduced into 
or in interstate commerce, or held for sale, whether or not the first sale, after shipment in 
interstate commerce, may be in violation of this Act shall immediately notify the 
Secretary of Health, hereafter the Secretary, of the identity and location of the food. 
(2) Manner of Notification. - Notification under paragraph (1) shall be made in 
such manner and by such means as the Secretary may require by regulation. 
(B) Recall and Consumer Notification; Voluntary Actions. - If the Secretary determines 
that food is in violation of this Act when introduced into or while in interstate commerce or 
while held €or sale, whether or not the first sale, after shipment in interstate commerce and that 
there is a reasonable probability that the food, if consumed, would present a threat to public 
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health, as determined by the Secretary, the Secretary shall give the appropriate persons, including 
the manufacturers, importers, distributors, or retailers of the food, an opportunity to-- 
(1) Cease distribution ofthe food; 
(2) Notify all persons-- 
(a) Processing, distributing, or otherwise handling the food to immediately 
cease such activities with respect to the food; or 
(b) To which the food has been distributed, transported, or sold, to 
immediately cease distribution of the food; 
(3) Recall the food; 
(4) In conjunction with the Secretary, provide notice of the finding of the 
Secretary-- 
(a) To consumers to whom the food was, or may have been, distributed; 
and 
(b) To State and local public health officials; or 
(5) Take any combination of the measures described in this paragraph, as 
determined by the Secretary to be appropriate in the circumstances. 
(C) Civil and Criminal Penalties. - 
(1) Civil Sanctions. - 
(a) Civil Penalty. - Any person that commits an act that violates the 
notification and recall standards under subsection (B), including a regulation 
promulgated or order issued under this Act, may be assessed a civil penalty by the 
Secretary of not more than One Hundred Thousand Pesos (PlO0,OOO.OO) for each 
such act. 
(b) Separate OSfense. - Each act described in subparagraph (a) and each 
day during which that act continues shall be considered a separate offense. 
(2) Other Requirements. - 
(a) Written Order. - The civil penalty described in paragraph (1) shall be 
assessed by the Secretary by a written order, which shall specify the amount of 
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the penalty and the basis for the penalty under subparagraph (b) considered by the 
Secretary. 
(b) Amount of Penalty. - Subject to paragraph (A)(1), the amount of the 
civil penalty shall be determined by the Secretary, after considering-- 
(i) The gravity of the violation; 
(ii) The degree of culpability of the person; 
(iii) The size and type of the business of the person; and 
(iv) Any history of prior offenses by the person under this Act. 
(c) Review of Order- The order may be reviewed only in accordance with 
subsection (D). 
(3) Exception. -No person shall be subject to the penalties of this subsection-- 
(a) For having received, proffered, or delivered in interstate commerce any 
food, if the receipt, proffer, or delivery was made in good faith, unless that person 
refuses to furnish, on request of an officer or employee designated by the 
Secretary, -- 
(i) The name, address and contact information of the person from 
whom that person purchased or received the food; 
(ii) Copies of all documents relating to the person from whom that 
person purchased or received the food; and 
(iii) Copies of all documents pertaining to the delivery of the food 
to that person; or 
(b) If that person establishes a guaranty signed by, and containing the 
name and address of, the person from whom that person received in good faith the 
food, stating that the food is not adulterated or misbranded within the meaning of 
this Act. 
(D) 
Judicial Review. - 
(1) In General. - An order assessing a civil penalty under subsection (C) shall be 
a final order unless the person- 
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(a) Not later than 30 days after the effective date of the order, files a 
petition for judicial review of the order in the Regional Trial Court in which that 
person resides or has its principal place of business; and 
(b) Simultaneously serves a copy of the petition by certified mail to the 
Secretary. 
(2) Filing of Record. - Not later than forty five (45) days after the service of a 
copy of the petition under paragraph (A)(2), the Secretary shall file in the court a certified 
copy of the administrative record upon which the order was issued. 
(3) Standard of Review. - The findings of the Secretary relating to the order shall 
be set aside only if found to be unsupported by substantial evidence on the record as a 
whole. 
(E) Collection Actions fou Failure to Pay. - 
(1) In General. - If any person fails to pay a civil penalty assessed under 
subsection (C) after the order assessing the penalty has become a final order, or after the 
court of appeals described in subsection (D) has entered final judgment in favor of the 
Secretary, the Secretary shall refer the matter to the Solicitor General, who shall institute 
in a trial court of competent jurisdiction a Civil Action To Recover The Amount 
Assessed. 
(2) Limitation on Review. - In a civil action under paragraph (I), the validity and 
appropriateness of the order of the Secretary assessing the civil penalty shall not be 
subject to judicial review. 
(F) Penalties Paid Into Account. - The Secretary- 
(1) Shall deposit penalties collected under this section in an account in the 
Treasury; and 
(2) May use the funds in the account, without further appropriation or fiscal year 
limitation-- 
(a) To carry out enforcement activities under food safety law; or 
(b) To provide assistance to States to inspect retail commercial food 
establishments, such as an establishment that holds, stores, or transports food or 
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food ingredients, or other food or firms under the jurisdiction of State food safety 
programs. 
(G) Discretion of the Secretary to Prosecute. - Nothing in this Section, Section 5, or 
Section 6 requires the Secretary to report for prosecution, or for the commencement o f  an action, 
the violation of this Act in a case in which the Secretary finds that the public interest will be 
adequately served by the assessment of a civil penalty under this section. 
(H) Remedies Not Exclusive. - The remedies provided in this section may be in addition 
to, and not exclusive of, other remedies that may be available. 
SECTION 4. Mandatory Recall Action. - 
(A) Mandatory Actions. - If a person referred to in Section 3(B) refuses to or does not 
adequately carry out the actions described in that section within the time period and in the 
manner prescribed by the Secretary, the Secretary shall-- 
(1) Have authority to control and possess the food, including ordering the 
shipment of the food from a food establishment, such as an establishment that holds, 
stores, or transports food or food ingredients, to the Secretary-- 
(a) At the expense of such food establishment; or 
(b) In an emergency, as determined by the Secretary, at the expense of the 
Secretary; and 
(2) By order, require, as the Secretary determines to be necessary, the person to 
immediately-- 
(a) Cease distribution of the food; and 
(b) Notify all persons-- 
(i) Processing, distributing, or otherwise handling the food to 
immediately cease such activities with respect to the food; or 
(ii) If the food has been distributed, transported, or sold, to 
immediately cease distribution of the food. 
(B) NotiJication to Consumers by Secretary. - The Secretary shall, as the Secretary 
determines to be necessary, provide notice of the finding of the Secretary under paragraph (1)- 
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(1) To consumers to whom the food was, or may have been, distributed; and 
(2) To national and local public health officials. 
(C) Nondistribution by Notified Persons. - A person that processes, distributes, or 
otherwise handles the food, or to which the food has been distributed, transported, or sold, and 
that is notified under Section 3(B)(2) or subsection (A)(2)(b) of this Section shall immediately 
cease distribution of the food. 
(D) Availability of Records to Secretary. - Each person referred to in Section 3 that 
processed, distributed, or otherwise handled food shall make available to the Secretary 
information necessary to cany out this subsection, as determined by the Secretary, regarding- 
(1) Persons that processed, distributed, or otherwise handled the food; and 
(2) Persons to which the food has been transported, sold, distributed, or otherwise 
handled. 
(E) Informal Hearings on Orders. - 
(1) In General. -The Secretary shall provide any person subject to an order under 
subsection (A) with an opportunity for an informal hearing, to be held as soon as 
practicable but not later than 2 business days after the issuance of the order. 
(2) Scope of the Hearing. - In a hearing under paragraph (l), the Secretary shall 
consider the actions required by the order and any reasons why the food that is the subject 
of the order should not be recalled. 
(F) Post-Hearing Recall Orders. - 
(1) Amendment of Order. - If, after providing an opportunity for an informal 
hearing under subsection (E), the Secretary determines that there is a reasonable 
probability that the food that is the subject of an order under subsection (a), if consumed, 
would present a threat to the public health, the Secretary, as the Secretary determines to 
be necessary, may-- 
(a) Amend the order to require recall of the food or other appropriate 
action; 
(b) Specify a timetable in which the recall shall occur; 
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(c) Require periodic reports to the Secretary describing the progress of the 
recall; and 
(d) Provide notice of the recall to consumers to whom the food was, or 
may have been, distributed. 
(2) Vacation of Orders. - If, after providing an opportunity for an informal 
hearing under subsection (E), the Secretary determines that adequate grounds do not exist 
to continue the actions required by the order, the Secretary shall vacate the order. 
(G) Remedies Not Exclusive. - The remedies provided in this section shall be in addition 
to, and not exclusive of, other remedies that may be available. 
SECTION 5. Foreign Inspections; Imports. 
(A) Authority to Inspect. - The Secretary shall have the authority to visit any foreign 
country that imports to the Philippines human or pet food. Such a visit shall be for the purpose of 
auditing the food safety or pet food programs of such foreign country or to conduct 
investigations in the event that a food or ingredient of a food is found to violate this Act. 
(B) Imports. - 
(1) In General. -Not later than 2 years after the date of enactment of this Act, the 
Secretary shall establish a system under which a foreign government or foreign 
manufacturer, importer, distributor, or retailer that seeks to import food to the Philippines 
shall submit a request for certification to the Secretary. 
(2) CertiJication Standard. - A foreign government or foreign manufacturer, 
importer, distributor, or retailer requesting a certification to import food to the Philippines 
shall demonstrate, in a manner determined appropriate by the Secretary, that food 
produced under the supervision of a foreign government or by the foreign manufacturer, 
importer, distributor, or retailer has met standards for food safety, inspection, labeling, 
and consumer protection that are at least equivalent to standards applicable to food 
produced in the Philippines. 
(3) Certijication Approval. - 
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(a) Request By Foreign Government. - Prior to granting the certification 
request of a foreign government, the Secretary shall review, audit, and certify the 
food safety program of a requesting foreign government, including all statutes, 
regulations, and inspection authority, as at least equivalent to the food safety 
program in the Philippines, as demonstrated by the foreign government. 
(b) Request By Foreign Establishment. - Prior to granting the certification 
request of a foreign manufacturer, importer, distributor, or retailer that seeks to 
import food to the Philippines, the Secretary shall certify, based on an onsite 
inspection, the food safety programs and procedures of a requesting foreign firm 
as at least equivalent to the food safety programs and procedures of the 
Philippines. 
(4) Limitation. - A foreign government or foreign manufacturer, importer, 
distributor, or retailer approved by the Secretary to import food to the Philippines 
under this Section shall be certified to export only the approved food products to 
the Philippines for a period not to exceed five (5) years. 
(5) Withdrawal of Certification. - The Secretary may withdraw 
certification of any food fiom a foreign government or foreign manufacturer, 
importer, distributor, or retailer that seeks to import food to the Philippines -- 
(a) If such food is linked to an outbreak of human illness; 
(b) Following an investigation by the Secretary that finds that the 
food safety programs and procedures of the foreign government or foreign 
manufacturer, importer, distributor, or retailer are no longer equivalent to 
the food safety programs and procedures in the Philippines ; or 
(c) Following a refusal to allow Philippines officials to conduct 
such audits and investigations as may be necessary to fulfill the 
requirements under this section. 
(6) Renewal of CertiJication. - The Secretary shall audit a foreign 
government and a foreign manufacturer, importer, distributor, or retailer that 
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seeks to import food to the Philippines at least every five (5) years to ensure the 
continued compliance with the standards set forth in this section. 
(7) Required Routine Inspection. - The Secretary shall routinely inspect 
food and food animals, via a physical examination, before it enters the Philippines 
to ensure that it is-- 
(a) Safe; 
(b) Labeled as required for food produced in the Philippines; and 
(c) Otherwise meets requirements under this Act. 
(8) Records Inspection- The responsible party or importer shall permit an 
authorized person to have access to records required to be maintained under this 
section during an inspection pursuant to this Act 
(9) Enforcement. - The Secretary is authorized to-- 
(a) Deny importation of food from any foreign government that 
does not permit Philippine officials to enter the foreign country to conduct 
such audits and inspections as may be necessary to fulfill the requirements 
under this Section; 
(b) Deny iniportation of food from any foreign government or 
foreign manufacturer, importer, distributor, or retailer that does not 
consent to an investigation by the Administration when food from that 
foreign country or foreign firm is linked to a food-borne illness outbreak 
or is otherwise found to be adulterated or mislabeled; and 
(c) Promulgate rules and regulations to carry out the purposes of 
this section, including setting terms and conditions for the destruction of 
products that fail to meet the standards of this Act. 
(10) Detention and Seizure. - Any food imported for consumption in the 
Philippines may be detained, seized, or condemned pursuant to this Act. 
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SECTION 6. Ensuring Eficient and Effective Communications During A Recall. - The 
Secretary shall, during an ongoing recall of human or pet food shall-- 
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(A) Work with companies, relevant professional associations, and other organizations to 
collect and aggregate information pertaining to the recall; 
(B) Use existing networks of communication including electronic forms of information 
dissemination to enhance the quality and speed of communication with the public; and 
(C) Post information regarding recalled products on the Internet website of the Food and 
Drug Administration, hereafter the Administration, in a consolidated, searchable form that is 
easily accessed and understood by the public. 
SECTION 7. Ensuring the Safety of Pet Food. 
(A) Processing and Ingredient Sfondad- Not later than eighteen (1 8) months after the 
date of enactment of this Act, the Secretary of Health, in consultation with the other relevant 
stakeholder groups, inchiding veterinary medical associations, animal health organizations, and 
pet food manufacturers, shall by regulation establish-- 
(1) Processing and ingredient standards with respect to feed, pet food, animal 
waste, and ingredient definitions; and 
(2) Updated standards for the labeling of pet food that includes nutritional 
information and ingredient information. 
(B) Early Warning Surveillance Systems and Noti3cation During Pet Food Recalls- 
(1) In General- Not later than one hundred and eighty (180) days after the date of 
enactment of this Act, the Secretary shall by regulation establish an early warning and 
surveillance system to identify contaminations of the pet food supply and outbreaks of 
illness from pet food. In establishing such system, the Secretary shall-- 
(a) Use surveillance and monitoring mechanisms similar to, or in 
coordination with, those mechanisms used by the United States Center for Disease 
Control arid Prevention to monitor human health; 
(b) Consult with relevant professional associations and private sector 
veterinary hospitals; and 
(c) Work with Health Alert Networks and other notification networks to 
inform veterinarians and relevant stakeholders during any recall of pet food. 
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(2) Authorization of Appropriations. - There are authorized to be appropriated to 
carry out paragraph (1) such sums as may be necessary. 
SECTION 8. Annual Report to Congress. - The Secretary of Health shall, on an annual 
basis, submit to the appropriate Committees of the Senate and the House of Representatives a 
report that includes, with respect to the preceding one (1) year period-- 
(A) The number and amount of food products imported into the Philippines, aggregated 
by country, and type of food, if any; 
(B) A listing of the number of inspectors of imported food products and the number of 
inspections performed on such products; and 
(C) Aggregated data on the findings of such inspections, including data related to 
violations of the Food, Drug, and Cosmetic Act, and enforcement mechanisms used to follow-up 
on such findings and violations. 
SECTION 9. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Irgs 
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