13TH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S. BILL NO. 
Introduced by Senator Ralph G. Recto 
EXPLANATORY NOTE 
Several legislations have been passed to strengthen the capabilities 
of the Bureau of Food and Drugs (BFAD). BFAD was created by Republic 
Act No. 3720, entitled as "An Act To Ensure The Safety And Purity Of Foods, 
Drugs, And Cosmetics Being Made Available To The Public By Creating 
The Food And Drug Administration Which Shall Administer And Enforce The 
Laws Pertaining Thereto. It was further amended by Executive Order No. 
175 in 1987. 
This bill seeks to strengthen capability of the Bureau of Food and 
Drugs by establishing adequate testing laboratories and field officers in all 
provincTTs- and 
upgrading its equipment, and creating a Drug 
Enforcement Unit under its operational and administrative control. 
Specifically, this bill seeks to increase testing laboratories and 
establish at least one (1) testing laboratory in Luzon, Visayas and 
Mindanao, which shall have all the necessary and appropriate state-of- 
the-art laboratory equipment and personnel complement. This bill also 
seeks to create a Drug Enforcement Unit (DEU) which will be composed of 
not less than ten (1 0) qualified personnel in every region. 
The passage of this bill will help improve and maintain structures 
directed to protect and promote the right to health of the Filipino people, 
and help establish and maintain an effective food and drug regulatory 
system. 
RGAihb5497-biad.dac 


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13TH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
S. BILL NO. 
Introduced by Senator Ralph G. Recto 
AN ACT 
STRENGTHENING THE CAPABILITY OF THE BUREAU OF FOOD AND DRUGS 
(BFAD) BY ESTABLISHING ADEQUATE TESTING LABORATORIES AND FIELD 
OFFICES IN ALL PROVINCES AND CITIES, UPGRADING ITS EQUIPMENT, 
CREATING A DRUG ENFORCEMENT UNIT (DEU) UNDER ITS OPERATIONAL AND 
ADMINISTRATIVE CONTROL, AND APPROPRIATING FUNDS THEREFOR 
Be enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
SECTION 
1. Title. - This Act shall be known as the "BFAD 
Empowerment Act of 2004" 
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SEC. 2. Declaration of Policy. - It is hereby declared a policy of the 
State to adopt, support, establish, institutionalize, improve and maintain 
structures, processes, mechanisms and initiatives that are aimed, directed 
and designed to (a) protect and promote the right to health of the Filipino 
people, and (bJ help establish and maintain an effective food and drug 
regulatory system 
and undertake appropriate health manpower 
development and research, responsive to the country's health needs and 
problems. Pursuant to this policy, the State must enhance its regulatory 
capacity and strengthen its capability with regard to the licensing, 
registration and monitoring of drugs, food, cosmetics and hazardous 
substances. 


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SEC. 3. lncreased Testing Facilities. - The Department of Health 
(DOH) is hereby mandated to improve, upgrade and increase the 
capability of the Bureau of Food and Drugs (BFAD) to test, assay and 
examine samples of pharmaceutical, cosmetics and food products being 
applied for registration, as well as monitor pharmaceutical, cosmetic and 
food products already in the market. 
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For the purpose of achieving the above mandate, there shall be 
established at least one (1) testing laboratory each in Luzon, Visayas and 
Mindanao, which shall have al the necessary and appropriate state-of- 
the-art laboratory equipment and personnel complement. The main 
testing laboratory at the Bureau's central office shall continue to be 
maintained. 
SEC. 4. BFAD's Regulatory Field Offices. - The BFAD shall establish 
field offices in all provinces and cities to effectively implement its 
regulatory functions. The present Regional Food and Drug Regulatory 
Office (RFDRO) in every regional office of the DOH shall now be put under 
the BFAD's sole administrative control. All Regional Food and Drug 
Regulatory Officers.(RFDROs)~ 
shall now be designated as Food and Drug 
Regulatory Officers (FDROs) at-large and shall likewise be under the 
BFAD's administrative control. The DOH, in collaboration with the BFAD, 
shall seek the creation of additional plantilla positions as may be 
necessary to support the said BFAD Field Offices, subject to the rules and 
regulations of the Civil Service Commission. 
SEC. 5. Drug Enforcement Unit. - The BFAD shall establish a Drug 
Enforcement Unit (DEU) which will be composed of not less than ten (10) 
qualified personnel in every region and who will be directly under the 
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supervision of the FDRO. They shall bear arms, wear official uniforms and 


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regulatory functions. 
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insignias and shall be classified as law enforcement agents. Their authority 
and functions shall be strictly limited to the implementation of BFAD's 
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SEC. 6. Work Program. - The DOH, the BFAD, the Department of 
Budget and Management and the Department of Finance shall prepare 
the necessary work programs to cover the staggered implementation of 
this Act for a period not exceeding five (5) years. 
SEC. 7. Appropriations. -The appropriations for the BFAD included in 
the DOH under the current General Appropriations Act shall be used to 
carry out the initial implementation of this Act. Thereafter, such sums as 
may be necessary for its staggered implementation shall be included in 
the annual General Appropriations Act. 
All receipts derived from registration and licensing fees, sale of 
publications and services, assessment, fees, fines, penalties and other fees 
and charges authorized and imposed in Act are hereby constituted as a 
special account in the General Fund, for the implementation of this Act: 
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Provided, that no amount shall be disbursed to cover personal services 
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functions.. 
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SEC. 8. Implementing Rules and Regulations. - The DOH, in 
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collaboration with the BFAD, shall promulgate the rules and regulations to 
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implement this Act within ninety (90) days from the approval of this Act. 
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expenses and purchases of motor vehicles. 
The fund may be augmented by grants, donations, endowments 
from various sources, domestic or foreign, for purposes related to their 
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SEC. 9. Separability Clues. If, for any reason, any provision or part of 
this Act is declared unconstitutional or invalid, such other parts not 
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affected thereby shall remain in full force and effect. 


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SEC. 10. Repealing Clause. - All laws, presidential decrees, 
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administrative orders and executive issuances or parts thereof inconsistent 
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with the provisions of this Act are hereby repealed or modified 
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accordingly. 
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Approved, 
SEC. 1 1. Effectivity. - This Act shall take effect fifteen (1 5) days after 
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its publication in at least two (2) newspapers of general circulation. 
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