HOUSE OF REPRESENTATIVES:

RECEIVED
02 AUG 2016

DATE:
TIMES,
BY:

Republic of the Philippines
HOUSE OF REPRESENTATIVES:
Quezon City

[ REGISTRATION UNIT

Seventeenth Congress
BILLS AND INDEX SERVICE

First Regular Session

HOUSE BILL NO. 2310

Introduced by Honorable Evelina G. Escudero

EXPLANATORY NOTE

This bill originates from House Bill No. 6076, which was approved on Third
Reading and was transmitted to the Senate on August 24, 2015 in the Sixteenth
Congress.

‘This bill seeks to develop and nurture competent, virtuous, productive and
well-rounded professional food technologists whose standards of practice and
service shall be excellent, world-class and globally competitive through honest,

effective, relevant and credible licensure examinations and through regulatory
programs, measures and activities that foster their professional growth, social

responsibility and development.

In view of the foregoing reasons, immediate approval of this measure is

earnestly sought.
EVELINA G. ESCUDERO

Representative
First District, Sorsogon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17TH CONGRES!
First Regular Session

HOUSE BILL No, 2310

Introduced by REP, EVELINA G. ESCUDERO

AN ACT REGULATING THE PRACTICE OF FOOD TECHNOLOGY IN THE
PHILIPPINES, CREATING FOR THE PURPOSE THE BOARD OF FOOD
TECHNOLOGY, AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE I
TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS

SECTION 1. Short Title. — This Act shall be known as the “Philippine Food
‘Technology Act”.

SEC. 2, Statement of Policy, ~ The State recognizes the importance of professional

food technologists in nation building and development. Hence, it shall develop and nurture

competent, virtuous, productive and well-rounded professional food technologists whose

standards of practice and service shall be excellent, world-class and globally competitive

through honest, effective, relevant and credible licensure examinations and through

regulatory programs, measures and activities that foster their professional growth, social
ibility and development.

SEC. 3. Definition of Terms, — As used in this Act:

(a) Food technology refers to the application of the physical, biological, and
behavioral sciences to the conversion of raw materials into safe, stable, palatable, and
nutritious foods. It includes the processes of handling, storage, processing, packaging,
distribution, and utilization of food; and

(b) Food technologist refers to a person qualified to practice food technology as
provided in this Act, and who is a holder of a valid certificate of registration and a valid
professional license issued by the Professional Regulatory Board of Food Technology and the
Professional Regulation Commission.



SEC. 4. The Scope of Practice of Food Technology. ~ The practice of food technology shall
include the specification of raw materials and supervision of their procurement; supervision
of production; product quality assurance, quality control, quality improvement and product,
evaluation, including the evaluation of the sensory, microbiological, physical, chemical, and
functional properties of food; and the conduct of basic and applied research towards
development and improvement of the safety and quality of food products. It shall also include
teaching, lecturing, and reviewing of subjects in food technology.

ARTICLE II
THE PROFESSIONAL REGULATORY BOARD OF FOOD TECHNOLOGY

Creation of the Professional Regulatory Board of Food Technology, ~ There
is hereby ereated a Professional Regulatory Board of Food Technology, hereinafter called the
Board, under the administrative supervision of the Professional Regulation Commission
(PRC). The Board shall be composed of a Chairperson and two (2) members who shall be
appointed by the President of the Republic of the Philippines from a list submitted by the
PRC of three (3) nominees for each position from a list of five (5) nominees for each
position, chosen and ranked by the integrated accredited professional organization (APO) of
food technologists. The Board shall be organized not later than six (6) months after the
effectivity of this Act.

SEC. 6. Powers and Functions of the Board. ~ The Board shall exercise the following
powers and functions:

(a) Promulgate, administer, and enforce rules and regulations necessary for carrying
out the provisions of this Act;

(b) Supervise and regulate the registration, licensure, and practice of food technology
in the Philippines;

(©) Adopt a program for the full computerization of the licensure examination;

(d) Issue temporary/special permits to persons admitted to the practice of food
technology for a specific duration of time, and certificates of recognition for advanced
studies, researches and accomplishments that contribute to the enrichment of the profession;

(e) Issue, reinstate, suspend or revoke the certificate of registration and/or
professional license or cancel temporary/special permits for the practice of food technology;

(1) Ensure, in coordination with the Commission on Higher Education (CHED), that
all educational institutions offering food technology education comply with the policies,
standards, and requirements of the course prescribed by the CHED in the areas of curriculum,
faculty, library and facil

(q) Prepare, adopt, and issue the syllabi of the subjects for examinations by
determining and preparing the questions which shall strictly be within the scope of the
syllabus of the subject for examination;

(h) Prescribe guidelines and criteria in the Continuing Professional Development
(CPD) program for food technologists;


(i) Monitor the conditions affecting the practice of food technology and adopt such
measures as may be deemed proper for the enhancement of the profession and the
maintenance of high professional, ethical and technical standards;

(j) Prescribe and adopt a Code of Ethics and a Code of Technical Standards for the
practice of food technology;

(k) Hear and investigate cases on violations of this Act, its implementing rules and
regulations (IRR), the Code of Ethics, the Code of Good Governance, the Code of Technical
Standards for the practice of food technology and, for this purpose, to issue summons,
subpoena ad testificandum and subpoena duces tecum to alleged violators and witnesses to
compel their attendance in hearings or investigations: Provided, That the decision of the
Board shall, unless appealed to the PRC, become final and executory after fifteen (15) days
from receipt thereof;

(1) Grant registration without examination subject to approval by the PRC;

istration of this Act;

(m) Administer oaths in connection with the admii

(n) Maintain a roster of food technologists indicating therein the basic information

about the registered professionals;
(0) Adopt an official seal of the Board; and
(p) Discharge such other powers and functions as the Board may deem necessary for

the practice of the profession and the upgrading, enhancement, development, and growth of
food technology in the Philippines.

The policies, resolutions, rules and regulations, orders or decisions issued or
promulgated by the Board shall be subject to the review and approval of the PRC.

SEC. 7. Qualifications of the Members of the Board. — At the time of their respective
appointments, the members of the Board, including the Chairperson, must be

(a) A citizen and resident of the Philippines for the last five (5) years;

(b) A degree holder of a Bachelor of Science in Food Technology as conferred by a
school, college or university in the Philippines or abroad where its food technology program
is recognized by the CHED;

(c) A duly registered food technologist under this Act, with a valid certificate of
registration and professional license and has been in the active practice of the profession in
the Philippines for at least five (5) years prior to the appointment of the member;

(d) A member in good standing of the integrated APO of food technologists; and

(e) A person with no any pecuniary interest, directly or indirectly, in any school,
academy, college, university or institution conferring an academic degree necessary for
admission to the practice of food technology or where review classes in preparation for the
licensure examination are being offered or conducted, nor a member of the faculty ot of the


administration thereof at the time of the appointment of the member to the Board; and be a
person who has not been convicted by any competent court of an offense involving moral
turpitude,

SEC. 8. Term of Office of the Members of the Board. ~ The Chairperson and the
members of the Board shall hold office for a term of three (3) years from the date of
appointment or until their suecessors shall have been qualified and appointed. They may be
reappointed in the same office for another term of three (3) years immediately after the expiry
of their term: Provided, That no member of the Board shall hold office for not more than two
(2) terms or not more than six (6) years: Provided, further, That the first Board appointed
under this Act shall hold these terms of office: the Chairperson for three (3) years, the first
member for two (2) years, and the second member for one (1) year: Provided, finally, That an
appointee to a vacancy shall serve only the unexpired portion of the term of office. The
Chairperson and the members shall duly take their oaths of office before a duly authorized
officer.

SEC. 9. Compensation and Allowance of the Board, ~ The Chairperson and members
of the Board shall receive compensation and allowances comparable to that being received by
the chairpersons and members of existing regulatory boards under the PRC as provided for in
the General Appropriations Act.

SEC. 10. Removal or Suspension of the Members of the Board. ~ The Chairperson or
any member of the Board may, upon the recommendation of the PRC, be suspended or
removed by the President of the Philippines upon due notice and hearing, for neglect of
duties; incompetence; malpractice; commission or tolerance of irregularities in any
examination given by the Board, manipulation or rigging of the said examination, tampering
of questions prior to the conduct of the said examinations, or tampering of grades; or
unprofessional or unethical conduct. The rights of the accused or respondent to be heard, to
defend oneself, and to be assisted by counsel shall be respected in the proper administrative
investigation to be conducted for the purpose.

Any vacancy in the Board shall be filled for the unexpired portion of the term only.

SEC. 11. Supervision of the Board, Custodian of its Records, Secretariat, and Support
Services. ~ The Board shall be under the administrative supervision of the PRC, All records
of the Board, including applications for examination papers and results, minutes of
deliberations, administrative cases, and other investigations involving food technologists
shall be kept by the PRC.

‘The PRC shall designate the Secretary of the Board and shall provide the secretariat
and other support services to implement the provisions of this Act.

SEC. 12. Annual Report. ~ The Board shall, at the close of each calendar year, submit
an annual report to the PRC, giving a detailed account of its proceedings, accomplishments
during the year, and recommending measures to be adopted, with the end in view of
upgrading and improving the conditions affecting the practice of food technology in the
Philippines.


ARTICLE II
EXAMINATION AND REGISTRATION

SEC. 13. Licensure Examination Requirement, — Except as otherwise specifically
allowed under this Act, applicants for registration for the practice of food technology shall be
required to pass a licensure examination as provided for in this Act in such places and dates
as the PRC may designate in the Resolution thereof on the Master Schedules for all licensure
examinations in accordance with Section 7(d) of Republic Act No. 8981, otherwise known as
the “PRC Modernization Act of 2000”, as amended.

SEC. 14. Qualifications of an Applicant for the Licensure Examinations. ~ An
applicant for the licensure examination for food technologists shall meet the following
qualifications:

(a) Possesses Philippine citizenship or, in the case of a foreigner, citizenship of a
country or State that has a reciprocity agreement with the Philippines on the practice of food
technology;

(b) Of good moral character;

(c) Holds a bachelor’s degree in food technology, conferred by a school, college, or
university recognized and duly accredited by the CHED; and

(d) Has not been convicted of an offense involving moral turpitude by a court of
competent jurisdiction,

SEC. 15. Scope of Examination, — The licensure examination shall cover the
following subjects:

(a) Physical, Chemical, Biological, and Microbiological Principles;
(b) Food Processing, Preservation, and Food Engineering;

(©) Quality Sensory Evaluation of Food; and

(a) Food Laws and Regulations,

‘The Board may revise or exclude any of the above subjects and add new ones as may
be called for by the requirements of the industry and of the profession,

SEC. 16. Ratings in the Examination. - To pass the licensure examination, a
candidate for food technologist must obtain a passing rating of seventy-five percent (75%) in
each subject given during the examination: Provided, however, That an examinee who
obtains a passing rating in the majority of the subjects but obtains a rating in the other
subjects below seventy-five percent (75%) but not lower than sixty percent (60%) shall be
allowed to take one (1) removal examination on the subjects where the passing rating was not
obtained: Provided, finally, That should the examinee fail to obtain a passing rating in the
removal examination, the examinee shall be considered as having failed the entire licensure
examination,

SEC. 17. Report of Rating. ~ The Board and the PRC shall correct and rate the
licensure examination papers and shall release the examination results within ten (10) days
after the date of the examination


SEC. 18. Issuance of Certificate of Registration and Professional License. — A
certificate of registration shall be issued to examinees who pass the licensure examination for
food technologists subject to payment of fees prescribed by the PRC. The certificate of
registration shall bear the signature of the Chairperson of the PRC and the members of the
Board, stamped with the official seal, indicating that the person named therein is entitled to
practice the profession with all the privileges appurtenant thereto. This certificate shall
remain in full force and effect until revoked or suspended in accordance with this Act.

A professional license bearing the registration number, date of issuance and expiry
date, duly signed by the Chairperson of the PRC, shall likewise be issued to a registrant who
has paid the required registration fees. This license will serve as evidence that the licensee
can lawfully practice the profession until the expiration of its validity.

SEC. 19. Refusal to Register. ~ The Board shall not register any successfull examinee
who has been convicted by a court of competent jurisdiction of any criminal offense
involving moral turpitude or has been found guilty of immoral or dishonorable conduct after
investigation by the Board, or has been declared to be of unsound mind. The reason for the
refusal shall be set forth in writing.

SEC. 20. Registration Without Examination, ~ The PRC shall issue a certificate of
registration and professional license to the Chairperson and members of the first Board of
food technology and to a person who, on the date of the effectivity of this Act, has passed the
examination for food technologists given by the Board. The same privilege shall be granted
to a qualified applicant who shall apply for registration without taking the prescribed
licensure examination and who is a holder of a bachelor’s degree in food technology or allied
fields of nutrition, agriculture, biochemistry or molecular biology, chemistry, fishery,
chemical engineering, and who has been actively practicing the profession of food
technology for a period of at least five (5) years immediately preceding the effectivity of this
Act.

A qualified applicant shall file the application in the form prescribed for the purpose
not later than two (2) years from the date of the effectivity of this Act.

SEC. 21. Revocation or Suspension of Certificate of Registration and Cancellation of
Temporary/Special Permit. ~ The Board may, after giving proper notice of hearing to the
party concemed, revoke a practitioner's certificate of registration, suspend the practice of the
profession, or cancel a temporary/special permit for any unprofessional or unethical conduct,
malpractice, or violation of any of the provisions of this Act, its rules and regulations, the
Code of Ethics, and the Code of Technical Standards for food technologists.

SEC. 22. Reinstatement, Reissuance or Replacement of Certificate of Registration and
Professional License. ~ Two (2) years after the date of revocation, the Board may, upon
application and for reasons deemed proper and sufficient, reinstate any revoked certificate of
registration and reissue a professional license and, in so doing, may, in its discretion, exempt
the applicant from taking another examination.

‘A new certificate of registration or professional license or temporary/special permit,
to replace lost, destroyed or mutilated ones, may be issued subject to the rules as
implemented by the Board.


SEC. 23. Roster of Food Technologists. ~ The Board shall prepare, update, and
maintain a roster of food technologists which shall contain the name of each registered food
technologist, the residence and office addresses, the date of registration and issuance of
certificates, and other data which the Board may deem pertinent. The roster shall be open to
the public, a copy of which shall be furnished to each person listed therein.

SEC. 24. Issuance of Temporary/Special Permits. ~ Without prejudice to the
requirements of existing law on the practice by foreigners in the Philippines, foreigners may
be issued temporary/special permits to practice food technology in the Philippines: Provided,
That these shall be limited to the particular work for which they are commissioned: Provided,
further, That the said temporary/special permits shall be renewed every year. The permits
may be issued to:

(a) Foreign food scientists or technologists called to the Philippines to provide
consultancy services:

(b) Foreign food scientists or technologists employed as exchange professors or
instructors in recognized local schools, universities, colleges, or instructors to teach Food
Science and Technology subjects; and

(c) Foreign food scientists or technologists attached to international agencies or
organizations assigned to perform certain work in the Philippines relative to the practice of
food technology.

ARTICLE ['V
PRACTICE OF FOOD TECHNOLOGY

SEC. 25. Prohibition on the Practice of Food Technology. ~ No person shall practice
or offer to practice food technology in the Philippines or offer oneself as food technologist, ot
use the title, word, letter, figure, or any sign tending to convey the impression that one is a
food technologist or advertise or indicate in any manner whatsoever as qualified to perform
the work of food technologist unless the person satisfactorily passed the licensure
examination given by the Board, except as otherwise provided in this Act, and is a holder of a
valid certificate of registration and a valid professional license or a valid temporary/special
permit duly issued by the Board and the PRC.

SEC. 26. Other Prohibited Acts. ~ (a) Representing oneself as a food technologist
during the time that the professional license is not valid, or that the certificate of registration
has been suspended or revoked, or that the temporary/special permit is cancelled;

(b) Allowing another person to use one’s certificate of registration and/or professional
license or temporary/special permit as a food technologist to enable the person to engage in
the practice of food technology; and

(c) Using the certificate of registration and/or professional license or
temporary/special permit of another food technologist.

SEC. 27. Oath. — All successful examinees or those allowed to register without
licensure examination given by the Board and the PRC shall be required to take their oath


before the Board or any member thereof and any official of the PRC or any person authorized
by law prior to the practice of food technology.

SEC. 28. Continuing Professional Development (CPD) Program. ~ The CPD
guidelines shall be prescribed and promulgated by the PRC upon consultation with the Board,
which shall consult the integrated APO of food technologists, affiliated association of food
technologists, and other concerned sectors. The Board shall create a CPD Council that shall
be composed of a Chairperson coming from the Board, a member from the APO of food
technologists and a member from the academe.

SEC. 29. Integration of Food Technologists. ~ All food technologists shall be
integrated into one (1) national organization, which shall be recognized by the Board and by
the PRC as the one and only integrated APO of food technologists. A food technologist duly
registered with the Board shall automatically become a member of the integrated APO of
food technologists, and shall receive the benefits and privileges thereto upon payment of the
required fees and dues, Membership in the integrated APO shall not be a bar to membership
in other associations of food technologists.

SEC. 30. Foreign Reciprocity. ~ No foreign food technologist shall be admitted to the
licensure examination, or be given a certificate of registration and a professional license, or
be entitled to any of the privileges under this Act, unl
citizen specifically permits Filipino food technologists to practice within its territorial limits
under the same conditions and on an equal basis as its own subject

SEC. 31. Indication of License and Privilege Tax Receipt. ~ A food technologist shall
be required to indicate the registration/professional number and the date of issuance and the
duration of validity, including the privilege tax receipt number on the documents one signs or
issues in connection with the practice of the profession.

ARTICLE V
FINAL PROVISIONS

SEC. 32. Funding Provision. ~ The Chairperson of the PRC shall include in the
PRC's program the implementation of this Act, the funding of which shall be included in the
annual General Appropriations Act.

SEC. 33. Penal Provisions. ~ Any person who shall violate any of the provisions of
this Act or any of its implementing rules and regulations as promulgated by the Board subject
to the approval of the PRC shall, upon conviction, be punished by a fine of not less than forty
thousand pesos (P40,000.00) but not more than one hundred fifty thousand pesos
(P150,000.00) or by imprisonment of not less than (6) months but not more than four (4)
years, or both, at the discretion of the court.

SEC. 34, Implementing Rules and Regulations. ~ To implement the provisions of this
Act, the Board shall, subject to the approval of the PRC, promulgate the rules and regulations
and the Code of Ethics for food technologists within thirty (30) days after the effectivity of
this Act.



SEC. 35. Separability Clause. — If any section or provision of this Act shall be
declared invalid or unconstitutional, such shall not invalidate any other section or provision
of this Act.

SEC, 36. Repealing Clause. — All laws, decrees, orders, issuances, or parts thereof
which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 37. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or ina newspaper of general circulation.

Approved,