Republic of the Philipines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. _ 33 72

Introduced by: HON. ANGELO B. PALMONES

EXPLANATORY NOTE

Food as it is produced/processed, stored, moved/distributed and served in public places is
exposed to hazards that pose risk to human health. These hazards that could cause human illness,
injury or death are of three types: biological hazards, such as food-borne microbial pathogens,
viruses, parasites and fungi: chemical hazards such as toxins, allergens, heavy metals, unallowed
food additives, antibiotic and pesticide residues; and physical hazards such as foreign objects like
glass, The existence of hazards could be due to environmental contamination as mercury in tuna, red
tide toxin in mussels; poor production and handling practices as hormones in chicken, amoeba and
Salmonella in salad vegetables, antibiotics in shrimps, botox in poorly canned goods, aflatoxin as
well as Salmonella in peanut butter; or it could be due to intentional adulteration as melamine in
milk. ‘The list is long. Also, new contagious diseases bore by livestock and meat but transmissible
to humans such as the current Mexican version of swine flu, the “Mad cow disease” transmitted by
infected cows and feed containing meat from diseased animals and Avian flu transmitted by fowls
have emerged. Food-borne illnesses rank within the top five major illnesses in the country.

There is no single coherent national policy that imposes measures to protect food from
hazards as it moves along the food chain. Existing food safety laws and subsequent issuances covers
only some aspects of the food chain: R.A. 8172 Asin Law, R.A. No. 9296 The Meat Inspection Code
of the Philippines, R.A No. 8976 Food Fortification Law, R.A. No. 8485 The Animal Welfare Act,
RA. No. 8435 The Agriculture and Fisheries Modemization Act, R.A. 7394 Consumer Act of the
Philippines, E.O. No. 175. Amendments to Republic Act No. 3720, E.0. No. 851, Reorganizing the
Ministry of Health, P.D 1144 Creating the Fertilizer and Pesticide Authority, R.A. No.3720 Food
Drug and Cosmetic Act, Republic Act 9711 Food and Drug Administration Act and Republic Act
9997 National Commission on Muslim Filipinos Act. The main food safety agency, Food and Drug
Administration formerly the Bureau of Food and Drug regulates processed food only. There is no
national guideline for the minimum required facilities for food service establishments such as
restaurants, fast foods, carinderias, canteens and homes and kitchens that cater or hawk food on
streets although they are under the jurisdiction of LGUs as mandated in the Local Government Code
(R.A No. 7160). Also, among agencies concerned with food safety, there are overlaps in function,

Nevertheless, there is now sufficient experience to put in place a food safety system that can
address food hazards. The rapid response of the Department of Health with guidance from the World
Health Organization in monitoring the entry of infected individuals, the temporary bans imposed by
the Bureau of Animal Industry on livestock, meat and meat products from countries known to have
‘the new infectious diseases and the seasonal advisories of the Bureau of Fisheries on the red tide
toxin in mussels all have effectively reduced these threats, The confiscation and destruction of


“double dead meat” by the National Meat Inspection Service is often reported. The Fertilizer and
Pesticide Authority sets minimum pesticide residue levels on agricultural commodities.

Food safety agencies are not well-equipped to implement many food safety policies. For

example, the resources of the Food and Drug Administration formerly Bureau of Food and Drugs
established in 1963 have not kept up with the demands of increasing regulatory functions mandated
by subsequent laws. Testing of imported breeding stocks of cattle, hog, goats and fowls require
resources not always available from the Bureau of Animal Industry. The National Meat Inspection
Service has limited capability to enforce standards due to noncooperation of meat establishments,
inadequate infrastructure and limited funding.
‘The world trade in foods is one of the biggest industries that the Philippines can participate in but
such participation requires compliance with international standards for product safety and quality, In
accordance with intemational agreements to which the Philippines is signatory, the country has
accepted the food safety standards developed by the Codex Alimentarius Commission inding in
international trade. Until recently, however, the Philippines either did not participate at Codex or
participated ineffectively. ‘The recent creation of a National Codex Organization by the Department
of Agriculture as a joint body with the Department of Health, has to be strengthened as it commits
the country to international food safety standards that affect trade and the health of consumers

The global halal food industry is a big food market, growing from US$500 billion in 2004 to
more than US$600 billion in 2009. There are thirty Philippine companies certified for producing and
exporting halal foods, However, an audit by some importing countries indicated the lax certification
of imported halal foods. Thus, international guidelines to ensure the integrity of halal food
certification are being drafted for adoption by the Organization of Islamic Conference. To ensure the
integrity of the Philippine certification process, there is a need for a watchdog to ensure that halal
foods are honestly labeled and that halal certifying bodies in the Philippines follow the international
guidelines. More resources are needed to assist our food producers and an official government
acoreditation body should be recognized to accredit certifying bodies that certify to halal and other
international guidelines and standards.

Compliance with international standards for testing is essential to getting international
recognition of testing results by importing countries. When the requirements for valid testing
methods and good laboratory practices are not followed, importing countries have a right not to
engage exporting countries in resolving differences in testing results. On the other hand, when results
of tests are credible, the Philippines have the right to question conflicting findings. This gives local
producers the confidence to invest in testing and in practices that lead to good quality products as
verified by testing.

Laboratory analytical procedures are rapidly developing as a function of rapid advances in
sciencé and in response to the emergence of new threats to food safety. The unnecessary duplication
of food safety testing laboratories and the cumbersome budgeting, accounting and auditing
procedures under which they operate prevent the Philippines from establishing a credible food safely
testing program in government and to respond to industry’s needs for testing This negates the many
other efforts taken to succeed in the market. There is a need for a new system of managing laboratory
services in government if the country is to achieve international standards.

This comprehensive act intends to put in place a coordinated system for ensuring the safety of
foods for local consumption and international trade. It makes a declaration of policy, delineates and
coordinates the functions of agencies according to their existing mandates so that they can function
to their level of competence as dictated by these mandates. It establishes a more appropriate


management system for public analytical service laboratories in order to protect the health of the
consuming public, imbue confidence in the food safety system, prevent epidemics due to food-borne
diseases and empower the food industry to participate in the global food business.

ANGELO B. PALMONES


Republic of the Philipines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

3972

House Bill No._O%

Introduced by: HON. ANGELO B. PALMONES

AN ACT
TO ENSURE THAT FOODS AVAILABLE TO THE PUBLIC ARE SAFE BY
CONSOLIDATING THE EFFORTS OF AND STRENGTHENING CONCERNED
GOVERNMENT AGENCIES AND OTHER PURPOSES.

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

ARTICLE 1
TITLE, DECLARATION OF POLICY AND OBJECTIVES

Section 1. Title: This Act shall be known as the Food Safety Act of 2011

Section 2. Declaration of Policy: It is the policy of the State to safeguard the health of the
consuming public and to adopt strategies to achieve food safety. Thus, it is the policy of the State to
ensure that the available food is safe. The State recognizes that food is subject to threats of
contamination, both local and foreign, and that appropriate safeguards must be instituted so that the
food consumed by the populace is safe, consumers have confidence in the food safety system and the
spread of food borne diseases is prevented.

Section 3. Objective: The objective of this Act is to put in place a coordinated food safety system
by clearly delineating mandates and functions of concemed agencies, strengthening agencies
involved in the food safety system where needed, participating in the international standard setting
system of the Codex Alimentarius Commission, prescribing minimum standards for food safety,
strengthening research and testing of contaminants causing food bome illnesses and establishing
more appropriate management system for public analytical service laboratories in order to ensure the
credibility of test results, protect the health of the consuming public, imbue confidence in the food
saféty system, prevent epidemics due to food bome diseases, prevent intentional contamination of
the food supply and empower our food industry to participate in the global food business

ARTICLE II
DEFINITION OF TERMS

Section 4. Definition of terms - For the purposes of this Act, the term:
1. Abattoir/slaughterhouse refers to the term as defined inR.A. 9296 Sec 4.1.


2. Accreditation means the procedure by which an authoritative body grants formal recognition,
‘under duly established guidelines and rules, to another body that it is competent to carry out
specific tasks

3. Administration refers to the Food and Drug Adminstration formerly known as BFAD, Bureau
of Food and Drugs

4, Adulteration refers to ways by which adulterated food is made as described in R.A. 3720
Section 14

5, Advertise means to engage in promotional activities including but not limited to, newspaper,
radio, Intemet and electronic media, and television advertising; the distribution of fliers and
circulars; and the display in window and interior design

6. Agricultural produce refers to both raw agricultural commodity and minimally

processed food including fish and other aquaculture products

BPI refers to the Bureau of Plant Industry

Canned food - food in hermetically sealed container

Certification means third party attestation related to products, processes, systems or persons

0. Color additive means a dye, pigment or other substance made by a process of synthesis or

similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or
final change of identity, from a vegetable, animal, mineral, or other source, and is added to a
food purposely to impart color, alone or through its reaction with other substances. The color
includes black, white, intermediate grays and the colors of the rainbow and their various
combinations. This definition does not include any agricultural chemical used to aid, retard or
affect the natural physiological processes of the produce and affecting its color whether
before or after harvest

11. Commission refers to the National Commission on Muslim Filipinos

12. Contaminant a term that includes a bacterium, chemical, natural toxin or manufactured
toxicant, virus, parasite, prion, physical hazard, or other human pathogen that when found on
or in food can cause human illness, injury, or death

13. Council refers to the National Food Safety Council

14, Dd refers to the Department of Agriculture

15. DOH refers to the Department of Health

16. DOST refers to the Department of Science and Technology

17. DTI refers ot the Department of Trade and Industry

18. FDA refers to the Food and Drug Adminstration

19. Food encompasses the definitions as given in R.A. No. 3720 Chapter V Section 10e and R.A.
9711 Section 10¢

20. Food additive refers to the term as defined in R.A. No. 3720 Chapter V Section 10

21. Food-borne illness refers to disease caused by the ingestion of food contaminated with a
pathogen

22. Food-borne illness outbreak means the occurrence of 2 or more cases of a similar illness
resulting from the ingestion of a common food.

23. Food establishments refers to food manufacturing and food service establishments

24. Food manufacturing entities means establishments that manufacture, process, and package

foods for distribution and sale.

Food production facility means any farm, ranch, orchard, aquaculture facility, or confined

animal-feeding operation including meat establishments regulated by R.A. 9296,

26. Food safety system refers to the provisions of the following laws on the regulation of food to
keep it safe: R.A. 8172 Asin Law of 2005, R.A. No. 9296 The Meat Inspection Code of the
Philippines of 2004, 8 Ser 2002, R.A No. 8976 Food Fortification Law of 2000, R.A. No.
8485 The Animal welfare Act of 1998, R.A. No. 8435 The Agriculture and Fisheries
Modernization Act of 1997, R.A. 7394 Consumer Act of the Philippines of 1991, E.O. No.

=oen



27.

28.

29,

30,

31.

32,

33.

34,

35.
36,
37,

38.

39.

4
az
43
44,

45,

175. Amendments to Republic Act No. 3720 of 1987, E.O. No. 851, Reorganizing the
Ministry of Health in1982, P.D 1144 Creating the Fertilizer and Pesticide Authority, 1977,
R.A, No.3720 Food Drug and Cosmetic Act of 1963, RA. 9711 Food and Drug
Administration Act of 2009 and the provisions of this Act including the agencies mandated to
implement them as well as all regulated entities.

Food service providers refer to establishments and individuals that cater or serve food for
consumption directly to the public such as restaurants, food canteens, carinderias, street
vendors and the like

Food supplement refers to articles in their complex, unpurified form used as a source of
specific nutrients

Foreign food establishment means any food establishment or food production facility located
outside the Philippines that processes or produces food or food ingredients for consumption
in the Philippines

Halal means objects or actions that are permissible or lawful under Shariah, "Halal" means
prepared under and maintained in strict compliance with the laws and customs of the Islamic
religion

Halal food refers to food certified hala! by a registered certifying body in conformance with
Islamic law and international guidelines that ensure integrity, purity and safety.

Hazard refers to traits inherent to or objects acquired by food that may cause harm to human
or animal health

Hazardous contamination refers to the presence of a contaminant in food at levels that pose a
risk of human illness, injury, or death or are capable of reaching levels that pose such risk
during the shelf life of the product.

Kosher food means a food product which has been prepared, processed, manufactured,
maintained, and sold in accordance with the requisites of traditional Jewish dietary law.

Label refers to the term as defined in R.A. No. 9711 Section 10i

Labeling refers to the term as defined in R.A. No. 3720 Chapter V Section 10k

LGU refers to local government unit

Minimally processed food refers to agricultural commodity whole or cut, cleaned, dried,
frozen and packed in bulk or in retail prior to marketing and remains identifiable in its natural
form. This definition does not include pasteurized milk or other liquid foods subjected to heat
or radiation and canned and sterilized produce.

Misbranding refers to the deliberate labeling or advertising of a food that is misleading,
where the labeling and/or advertising claims certain properties of the food that could not be
supported by a reliable source, a certifying body or scientific evidence. See also R.A. No.

3720 Chapter V Section 10m and R.A No. 9711 Section 10jj,

. NEC refers to the National Epidemiology Center
. NFSC refers to the National Food Safety Council

NMIS refers to the National Meat Inspection Service

Packaged food means a food commodity put up or packaged in any manner in advance of
sale in units suitable for retail sale and which is not intended for consumption at the point of
manufacture.

Pathogen refers to a microorganism and other microscopic and submicroscopic self
reproducing biological entity that can cause illness or death to humans

Pesticide refers to any chemical substance within the meaning of a pesticide as described in
the P.D. No. 1144 Section 3 including all active and inert ingredients of such pesticide. Tt
includes other chemicals used to protect raw agricultural commodity from spoilage due to
microbial action such as ethylene oxide and propylene oxide. It does not include a substance
of similar action if used as such in food or in the water that comes directly in contact with the
food.


46, Pesticide residue refers a residue in or on raw agricultural commodity or processed food of a
chemical pesticide or any substance present in the food primarily as a result of the
metabolism or degradation of a chemical pesticide

47. PFSRI refers to the Philippine Food Safety Research Institute

48, Program refers to the National Food Safety Program

49. Processed food refers to food that has been subjected to chemical including enzymatic,
microbial, irradiation or other physical processes, canned or packaged and has lost its natural
form and state prior to marketing. This definition includes pasteurized milk or other liquid
foods subjected to heat or radiation and canned and sterilized produce.

50. Raw agricultural commodity means any food whether cultivated, grown or hunted/gathered in
its raw or natural state, including fresh cuts of meats and fish, dehusked seeds and nuts, and
all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to
marketing

51. Risk assessment refers to the procedure that identifies, evaluates and predicts the occurrence
of possible hazards to human and animal health and the environment and designs mitigating
measures to avert or minimize these hazards

52. RITM refers to the Research Institute of Tropical Medicine

53, Small businesses refers to street food vending, carinderias and food service providers in
public institutions and schools

54. Wet market refers to any establishment where fresh, raw agricultural commodity is offered
for sale to thé consuming public

ARTICLE IIL
CREATION OF A NATIONAL FOOD SAFETY COUNCIL

Section 4. The National Food Safety Council. There is hereby established under the Office of the
President a National Food Safety Council with the following functions:
1. Promulgate a National Food Safety Program and recommend its adoption to the President
2. Develop interagency mechanisms to implement the Program and food safety laws and
policies
3. Oversee the implementation of the National Food Safety Program
4. Coordinate and harmonize interagency and multi-sector efforts in formulating food safety
policies
5. Provide assistance in the formulation, amendment of pertinent laws, rules and regulations and
propose to Congress necessary and appropriate legislation
*6. Conduct review of the National Food Safety Program after 5 years of implementation to
measure its effectiveness and obtain guidance to improve policies and implementation

Section 5. Composition of the National Food Safety Council. The National Food Safety Council
(NFSC) shall be composed of the Secretaries of the following departments or their duly designated
undersecretaries: Department of Health, Department of Agriculture, Department of Science &
Technology, Department of Education, Department of Interior and Local Government and
Department of Trade and Industry and National Commission on Muslim Filipinos, The Council shall
be permanently chaired by the Secretary, Department of Health and the Secretaries, DA and DOST
as vice-chairs.

Section 6, Authority of the Council
1. The Council is hereby authorized to call upon any other agency to assist in the
implementation of the Program.


2. The Council is authorized to form committees and technical working groups to assist it in its
various functions

Section 7. Secretariat to the Council. There is hereby established, the NFSC Secretariat, a division
under the Office of the Administrator, Food and Drug Administration, Department of Health. The
Secretariat shall comprise of an Executive Director and a minimum of seven technical staff — a
medical doctor, a licensed chemist, a licensed veterinarian, a licensed microbiologist, a licensed food
technologist, a lawyer, an IT expert and two administrative personnel.

Section 8. The National Food Safety Program. The National Food Safety Program is developed to
protect public health; and ensure that persons who produce, process, or distribute food meet their
responsibility to prevent or minimize food safety hazards related to their products, The program shall
be based on a comprehensive analysis of the hazards associated with the growing/producing of
different food and with the processing of different food, including the identification and evaluation
of:

(1) The severity of the potential health risks;

(2) The sources of potentially hazardous contamination or practices extending from the farm
or poultry house to the consumer that may increase the risk of food-bome illness,

(3) The potential for persistence, multiplication, or concentration of naturally occurring or
added contaminants in food:

(4) The potential for hazardous contamination to have cumulative toxic effects,
multigenerational effects, or effects on specific categories of consumers;

(5) Opportunities across the food production, processing, distribution, and retail system to
reduce potential health risks; and

(6) Opportunities for intentional contamination of food or food ingredients.

Section 9. Features of the National Food Safety Program. The Program shall have
(1) A national system for the registration of local and foreign food establishments and food
production facilities as provided for in Article V of this Act:
(2) Anational system for regular unannounced inspection of food establishments;
(3) A municipal-based system of registration for food service providers
(4) A local system of registration of workers in food establishments;
(5) A food-borne illness surveillance system
(6) A resource plan to implement the Program
(7) A training program for food safety inspectors and food establishment workers
(8) A recommended set of lessons on food safety for primary and secondary students
‘The Program shall-
(1) Require and enforce the adoption of preventive process controls in food establishments,
based on the best available scientific and public health considerations and best available
technologies;
(2) Establish and enforce science-based standards for—
(A) potentially hazardous substances that may contaminate food; and
(B) safety and sanitation in the processing and handling of food;
(C) safety of harvested/produced food
(3) Implement a statistically valid sampling program with the stringency and frequency to
independently monitor that industry programs and procedures that prevent food
contamination are effective on an ongoing basis and that food meets the standards established
under this Act;
2 @) Implement appropriate surveillance procedures and requirements to ensure the safety and
security of imported food;


(5) Coordinate and collaborate with other agencies and local government units in carrying out
inspection, enforcement, research, and monitoring:
(6) implement a national system to identify the food products posing the greatest public
health risk and to analyze the effectiveness of existing food safety programs,

(7) Develop public education, risk communication, and advisory programs; i

(8) To formulate an applied research program for implementation by participating institutions
to farther the purposes of this Act;

(9) Coordinate and prioritize food safety research and educational programs with other
government agencies and local governments; and

(10) Provide technical assistance to farmers and food establishments classified as small
businesses to assist them with compliance with the requirements of this Act.

ARTICLE IV

ROLE OF GOVERNMENT AGENCIES IN THE NATIONAL FOOD SAFETY PROGRAM

Section 8. In order to keep food safe, the Department of Agriculture shall have the major
responsibility of regulating food production facilities and meat establishments as provided for in
R.A. No. 9296 and R.A. No. 8385 whereas the Department of Health shall regulate food
establishments as provided for in E.O 175, R.A. 3720 and RA. 9711 as well as set a national
standard for food service providers. Local government units are the primary regulators of food
service providers,

Section 9. The Secretary, Department of Health The Secretary, Department of Health shall

1

Bs

3

9.

As Chair of the National Food Safety Council , spearhead the formulation of a National
Food Safety Program,

Review, reiterate, amend or add on existing national standards and quality measures to
ensure the safety of processed foods both locally produced and imported

Establish national standards for the facilities, operation, management , procedures and
practices of both local and foreign-based food manufacturing establishments to ensure
safety of food products é

Establish national standards for the facilities, operation, management, procedures and
practices of food service establishments to ensure the safety of foods served by the
establishment

Establish national standards on the packaging and transport of processed foods from points
of production to points of distribution and sale.

Establish the required health status and standard hygienic practices of workers in the food
manufacturing and food service industries

Promulgate regulations to ensure the safety and security of the food supply from all forms
of contamination, including intentional contamination;

Oversee within the Department of Health

(A) all activities related to food-bome illness surveillance and investigation of food-
borne illness outbreaks in consultation with the Director, Research Institute of
‘Tropical Medicine and the Director, National Epidemiology Center (NEC);

(B) implementation of food safety inspection, enforcement, and research efforts to
protect the public health in consultation with the Administrator, Food and Drug
Administration (FDA);

(C) development of consistent and science-based standards for safe food;

Coordinate and prioritize food safety research and education programs with other government
agencies;



10. Prioritize food safety efforts and deployment of food safety resources to achieve the greatest

possible benefit in reducing food-bome illness

11. Coordinate the response to food-bome illness outbreaks with other government agencies and

local government units and the integration of food safety activities with local government
‘units

12, Administer and enforce food safety laws of the DOH

Section 10. Administrator, Food and Drug Administration, Department of Health. the
Administrator, Food and Drug Administration shall have the following functions delegated by the
Secretary, DOH:

1

2.
EE
4,

5

Serve as food safety leader within the DOH and coordinator of all Department activities
related to ensuring the safety, quality, and proper labeling of the food supply;

Implement the DOH food safety component of the National Food Safety Program

Establish a national system of registration of food establishments

Establish a national system for regular unannounced inspection of food manufacturing and
food service establishments

Require and enforce the adoption of preventive process controls in food manufacturing and
food service establishments based on the best available scientific and public health
considerations and best available technologies

Section 11. The National Epidemiology Center, Department of Health, The National Epidemiology
Center (NEC) shall spearhead the conduct of surveillance of food-bome illnesses.

Section 12. The Research Institute of Tropical Medicine, Department of Health The Research
Institute of Tropical Medicine (RITM) shall be the reference laboratory for infectious food borne
pathogens, It shall undertake research and development of vaccines for contagious food-borne
illnesses.

Section 13. The Food and Drug Administration, Department of Health. The Food and Drug
Administration (FDA) formerly Bureau of Food and Drug is the main agency that will implement
the regulatory functions of the Department of Health as regards food establishments.

A. The functions of the FDA as provided for in E.0. No. 175, E.0 No. 182, R.A 3720 and R.A

9711 shall expand to include the following:

1. Enforce national standards for the facilities, operation, management , procedures and
practices of both local and foreign-based food manufacturing establishments to ensure
safety of food products

2. Enforce national standards for the facilities, operation, management, procedures and
practices of food service establishments to ensure the safety of foods served by the
establishment

3. Enforce national standards on the packaging and transport of processed foods from points
of production to points of distribution and sale

4. Enforce the adoption of preventive process controls in food manufacturing and food

service establishments based on the best available scientific and public health

considerations and best available technologies

Maintain a national registry of food establishments

Ensure and protect the integrity of the kosher label as it is used in food.

Institute a system of accreditation of reliable Jewish entities and rabbis that shall certify

foods as kosher. .

Monitor the use of the kosher label and ensure that it is honestly used.

9. Maintain a national registry of food establishments producing kosher food.

Law


10, Maintain a registry of kosher certifying bodies

11. Maintain a registry of kosher food products

12. Implement the national system for regular unannounced inspection of food establishments
B, The expansion of functions of the FDA requires a revision of its organizational structure to

provide enough resources. The Center for Food Regulation and Research shall have the

following divisions: Food Establishment Evaluation, Enforcement and Review Division,

Food Defense and Emergency Response Division, International Affairs Division and Field

Inspection Division. New technical positions may be created to strengthen the capacity of the

Center to be filled up by licensed food technologists, licensed microbiologists, licensed

chemists and at least one IT professional.

Section 14. The Philippine Food Safety Research Institute (PFSRI), Food and Drug Administration,
Department of Health There is hereby created the Philippine Food Safety Research Institute (PFSRI)
equivalent to a regular line bureau of the Department of Health. The PFSRI shall conduct research to
carry out this Act.

1. The PFSRI shall be headed by an Executive Director assisted by an Assistant Director. The
PFSRI shall have at least five divisions: Food Processing Research Division, Food
Production Research Division, Analytical Methods Research Division with three laboratories,
Chemistry Laboratory, Microbiology Laboratory and DNA Laboratory, Extension and Public
Information Program Division and the Administrative Services Division. Research divisions
must be staffed by licensed professionals in food technology, chemistry, microbiology,
agriculture and veterinary science except DNA analysts in the DNA Laboratory who may
have degrees or majors in molecular biology and biotechnology. The personnel complement
shall be at least 10 technical personnel assisted by 1 administrative staff for each technical
division and 8 personnel for the Administrative Services Division

2. The PESRI is hereby authorized to enter into contracts and agreements with any university,
government agency, research institution, NGOs, foreign aid agencies or person to help carry
out research

Section 15. The Secretary, Department of Agriculture. The Secretary, Department of Agriculture

shall:

1. Review, reiterate, amend or add on existing standards and regulations for the production,
postharvest handling, and distribution and marketing of fresh agricultural and fishery
products, both locally produced and imported to ensure that these protect the health of
consumers and facilitate trade.

2. Review, reiterate, amend or add on existing national standards, regulations and codes of
practice for the operation and management of abbatoirs/slaughter houses, fish ports
packing houses, transport systems and other facilities from points of production to
points of distribution and sale of agricultural and fishery produce to ensure their safety
for human consumption.

3. Promulgate standards and regulations for fresh agricultural and fisheries produce and
ensure that regulations ensure the safety and security of agricultural products from all
forms of contamination, including intentional contamination and facilitate trade.

4. Oversee within the Department of Agriculture the implementation of the National Food
Safety Program including

i, all activities related to food-borne pathogen surveillance and investigation
of outbreaks of zoonotic diseases implementation of food safety
inspection, enforcement, and research efforts of agricultural produce to
protect the public health;


ii, development of consistent and science-based regulations and standards
for agricultural produce;

5. Coordinate and prioritize food safety testing and research in agricultural produce and
education programs with other government agencies;

6. Prioritize food safety efforts and deployment of food safety resources to achieve
the greatest possible benefit in reducing food-borne illness due to agricultural produce.

Section 16. The Bureau of Agriculture and Fisheries Product Standards (BAFPS), Department of
Agriculture

a. Section 62 of the RA 8435 (Agriculture and Fisheries Modemization Act) is hereby revised
to read as follows: The Bureau of Agriculture and Fisheries Product Standards shall be the
official custodian of all agriculture and fisheries food quality and safety standards and shall
initiate and implement the collaborative procedures for the establishment of such standards
in cooperation with regulatory agencies, academic and industry experts, farmers groups

* and other relevant technical personnel and stakeholders. The standards’ shall include but
shall not be limited to standards for product identity and purity, codes of practice, the
presence of chemical contaminants in animal and plant food products, of pathogens in meat,
meat products and vegetables, health condition of animals prior to slaughter, hygienic
standards for food production facilities, heavy metal and other environmental contaminants
in fresh produce, fertilizers and lands for cultivation, pesticide residue levels in agricultural
commodity in cooperation with the Fertilizer and Pesticide Authority and other hazards
identified by the Council,

b, The BAFPS shall monitor the applicability of standards to food safety control and trade and
the implementation of food safety standards for agricultural produce as implemented by the
NMIS, BPI and FPA and submit to the Secretary the results of monitoring and corresponding
recommendations.

Section 17. National Meat Inspection Service, Department of Agriculture ‘The National Meat
Inspection Service (NMIS) shall be duly strengthened to efficiently implement ‘its regulatory
enforcement functions to ensure the safety of meat and, meat products for human consumption as
provided for in R.A. No. 9296.

Section 18. Bureau of Plant Industry, Department of Agriculture The Bureau of Plant Industry is
hereby mandated to regulate all agricultural produce derived from plants to ensure food safety and
biosafety. A new division, Biosafety and Food Safety Division, is hereby created within the Bureau
of Plant Industry (BPI) to assist the Director in implementing all biosafety and food safety policies
for crops. The division shall be headed by a Division chief reporting directly to the Director, BPI
The division may consist of at least 3 sections and shall be manned by 18 licensed technical
Personnel with specializations in either agriculture, food technology, microbiology and chemistry
and two administrative personnel. The facilities and personnel of the Pesticide Residue Analysis
Laboratory is hereby transferred to this division. The powers of the BPI in relation to this function
shall include the following:
a. Implement all biosafety policies on agricultural produce derived from plants including DA
AO No. 8 Ser 2002 and subsequent issuances
b. Ensure the safety of plant foods for human consumption by ensuring compliance with
minimum residue levels for pesticides, complying with relevant measures by monitoring
levels of pesticide residues, pathogens and promulgate the relevant standards for pesticide
residues, and implement food safety policies on agricultural produce derived from plants


Section 19. Fertilizer and Pesticide Authority. The Fertilizer and Pesticide Authority (FPA) shall
include in its standard assessment of hazards the presence and tolerable levels of pathogens and
heavy metals in fertilizers, and together with the Department of Health develop the tolerance levels
for pesticides, pathogens and heavy metals in food and agricultural produce.

Section 20. National Commission on Muslim Filipinos The National Commission on Muslim
Filipinos formerly the Office of Muslim Affairs (OMA) in consonance with its mandated function
given in Section 8h R.A 9997 shall be responsible in ensuring and protecting the integrity of the
halal label as it is used in food. It shall develop guidelines to ensure that foods certified halal
maintain their purity and are not subject to contamination. It shall institute a system of accreditation
of reliable Islamic entities and scholars that shall certify foods as hala and shall assist these entities
in obtaining international recognition through technical assistance, education and training. It shall
monitor the use of the halal label and ensure that it is honestly used. The Commission shall maiftain
national registry of food establishments producing halal food, a registry of certifying bodies and a
registry of halal food products.

Section 21. Department of Environment and Natural Resources The Department of Environment
and Natural Resources shall be responsible for decontaminating polluted lands and attesting their
suitability for food production. It shall be responsible in monitoring wildlife (plants and animals)
used as food and coordinate with the Department of Health in assessing the presence and prevalence
of pathogens bome by wildlife

Section 22. Department of Science and Technology. The Department of Science and Technology
shall include as priority area of research on food safety including identification of new food-borne
pathogens, developing new rapid, efficient methods and tools of identifying pathogens, cost-efficient
methods of control, surveillance techniques and the like. It shall continue to strengthen all its
regional analytical service laboratories to provide microbiological and chemical analytical services
for the public and reference its testing activities against national reference laboratories and/or ensure
that’ its testing programs meet international protocols for the quality control of laboratories and
testing methods. As the custodian of the national standard for weights and measures, it shall be
responsible for providing needed calibration services for the equipment of food safety testing
laboratories.