HOUSE 0F REPRESENTATIVES

RECEIVED
‘3 fy
Republic of the Philippines pate? 9 JUN 2016
HOUSE OF REPRESENTATIVES tive. 904

Quezon City BY:

REGISTRATION UNIT

SEVENTEENTH CONGRESS
BILLS AND INDEX SERVICE

First Regular Session

300

House Bill No.

Introduced by Representatives
Horacio P, Suansing, Jr. and Estrellita B. Suansing

EXPLANATORY NOTE

Shelf life is the time when a commodity may be kept without becoming
unfit for use or spoiled for consumption. This applies to food, beverages,
pharmaceutical drugs, chemicals, and many other perishable items. Thus,
the practice of posting expiration dates on the commodities aforesaid
became custom.

Specially for some food, health and safety issues are very important in
determining shelf life. Bacterial contaminants are ever-present and food left
not eaten for some time will often be invaded by substantial amounts of
bacterial colonies, making it dangerous to eat as it can lead to food
poisoning.

Corollary to this, Republic Act (RA) 9711 or the “Food and Drug
Administration Act of 2009,” was enacted affirming the policy that State
must enhance its regulatory capacity and strengthen its capability with
regard to the inspection, licensing and monitoring of establishments and the
registration and monitoring of health products.

Republic Act (RA) 7394 or “The Consumer Act of the Philippines” (April
13, 1992) ratifies the policy that the State protects the interest of the
consumers; one of its objectives is the provision of information and
education to facilitate sound choice and proper exercise of rights by the
consumer in including labels on the products.

However, the two aforementioned laws did not touch categorically on
some of the staple food that Filipinos like to eat. Thus, this bill specifically
aims to protect the consuming public, particularly the EGGS industry
through the policy of grading, packing, marking and inspection of eggs;
providing funds or assistance for the owners of breeding farms, hatcheries


and stations used for the production of eggs; and to effectively regulate the
international and domestic trade of dairy products.

The purpose of this measure is not new in international legislative
bodies. In Canada and the United States of America, there are laws to
regulate eggs. The Canada Agricultural Products Act, with its Eggs
Regulations aspires to regulate Canada’s egg industry by providing for
expiration dates in the sale of eggs. This way, the Canadian government’s
commitment to food safety, in relation to the nutritional quality of food sold
in their country is underscored.

In the United States of America, the government-approved way in food
safety lies in a voluntary system of labeling; as there are only two (2) items
required by federal law for labeling for purposes of expiration. They are
infant formula and baby food. However, some (not all) states mandate the
pulling of dairy products from store shelves on their expiration dates. Thus,
Paul Van Landingham, EdD, a senior faculty member at the Center for Food
and Beverage Management of Johnson & Wales University in Providence,
R.L., warns that “eggs are okay for three (3) to five (5) weeks after purchase
(assuming you bought them before the “sell by” date). But their quality will
deteriorate in a week’s time, though still perfectly edible, until the period of
expiration lapses.

‘The proposed bill provides that the Department of Health (DOH), in
consultation with the Food and Drug Administration (FDA), shall establish a
system of rules and regulations whereby the eggs produced for commercial
purposes in the domestic and international fields shall be graded according
to its quality, size and freshness, such as Phil. A, Phil. B, Phil. C and Phil.
Premium.

The policy includes the posting of expiration dates on every box, tray
and container of eggs that would be based on scientific process such as
three (3) to five (5) week shelf-life period after purchase, assuming the eggs
are bought before the “sell by? date and taking into consideration that egg
quality goes down a grade in a week, but is still perfectly edible.

The bill in its quest to formulate an effective policy, also takes into
account the inspection of eggs for commercial use by an inspector, duly
certified by the FDA and to be conducted only at a government-registered
egg station.

The health and safety of the consuming public and the treatment of
rejected or contaminated eggs, as well as the establishment of a regulatory
enforcement unit (REU) to oversee and implement the provisions hereof, all
form part of the vision held by this bill.


In view of the foregoing, passage of the bill is earnestly sought.

HON. HORACIO hoaneme, JR.

24 District, Sultan Kudarat 1* District, Nueva/Ecija

This bill is filed during the 16" Congress as House Bill No. 3363.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 300

Introduced by Representatives
Horacio P. Suansing, Jr. and Estrellita B. Suansing

AN ACT
REGULATING THE GRADING, PACKING, MARKING, INSPECTION AND
EXPIRATION OF EGGS FOR THE INTERNATIONAL AND DOMESTIC
TRADE, PROVIDING SAFEGUARDS THERETO AND FOR OTHER
PURPOSES

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

SECTION 1. Title of the Act. This Act shall be known as the
“Regulation of Egg Trade Act.”

SEC. 2. Declaration of Policy. Notwithstanding the provisions of
Republic Act No. 9711, “Food and Drug Administration (FDA) Act of 2009”, it
is the policy of the State to effectively regulate the international and
domestic trade of dairy products and in the grading, packing, marking and
inspection of eggs; providing funds or assistance for the owners of breeding
farms, hatcheries and stations used for the production of eggs.

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

a) Act - shall refer to the “Regulation of Egg Trade Act”;

b) Administration - shall refer to the Food and Drug Administration

(FDA) in the Department of Health (DOH);

Blood spot ~ shall mean a small particle of blood in the yolk or in the

albumen of an egg;

a) Box - shall refer to a container made to hold twelve (12) pieces of eggs;

e) Candling - shall mean examining the interior condition of an egg by
rotating or causing the egg to rotate in front of or over a light source,
enabling one to see what is inside an egg;

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Caranawne

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1) Tray - shall refer to a container that is made to hold twenty-four (24)
pieces of eggs;

g) Container ~ shall refer to any case, box, tray with an overwrap, carton
or other receptacle made to hold more eggs than the containers
abovementioned;

h) Contaminated - with respect to a particular egg, connotes:

a. Containing a chemical, drug, food additive, heavy metal,
industrial pollutant, ingredient, medicament, microbe, pesticide,
poison, toxin, or any other substance not permitted by, or in an
amount in excess of limits prescribed under the environmental
laws of the Philippines, the Food and Drug Administration Act of
2009 and other relevant laws;

b. Containing any substance that renders the egg inedible;

i) Dirt - shall refer to any egg yolk, manure, soil or foreign matter that
can be readily removed from the shell of an egg;

j) Domestic hen - shall refer to a hen of the domestic chicken belonging
to the species Gallus domesticus;

k) Dye mark — shall mean a mark consisting of a deposit of food color not
exceeding 20 mm in diameter that is applied to the large end of an egg
at a registered egg station;

1) Edible — means fit for human consumption;

m) Egg - shall refer to the egg of the domestic hen;

n) Egg station — shall refer to one or more rooms or buildings where eggs
are prepared;

0) Lot - shall refer to a quantity of eggs that, for any reason, is

considered separately from any other quantity of eggs for the purpose

of inspection;

Meat spot - shall refer to a small particle of the oviduct of the

domestic hen on the yolk or in the albumen of an egg;

Operator — shall refer to a person who is responsible for the operation

of a registered egg station;

Producer - shall refer to a person who ships, transports or sells eggs

produced only on his own farm;

Reject - shall refer to an egg that, upon examination at a registered

egg station, does not meet the requirements of any grade established

by the Regulations;

Size designation - means Jumbo Size, Extra Large Size, Large Size,

Medium Size, Small Size or Peewee Size;

Stain - shall refer to any substance on the shell of an egg, other than.

dirt or a dye mark or a design or an emblem stamped thereon;

Under-grade - shall refer to an egg that does not the requirements for

the grade at which it is graded.

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SEC. 4. Grading of Eggs. The Department of Health (DOH), in
consultation with the Food and Drug Administration (FDA), shall
establish a system of rules and regulations whereby the eggs produced
for commercial purposes in the domestic and international fields shall be
graded according to its quality, size and freshness, such as Phil. A, Phil.
B, Phil. C, and Phil. Premium.

SEC. 5. Grading. No person shall grade an egg unless the egg:

a) is free of any odor foreign to that of a normal egg;

b) is free of must or mold;

¢) is of a color customary for an egg;

d) is free of any internal defect;

e) has not been in an incubator;

f)_ meets the requirements for the grades set out in the above-section;

g) is prepared in accordance with these Regulations;

h) is not contaminated;

i) is edible; and

j) meets all other requirements of the Food and Drug Administration
Act of 2009 and other relevant laws.

SEC. 6. Expiration Dates. The DOH, in consultation with the FDA,
shall formulate a policy of posting expiration dates on every box, tray and
container of eggs that is based on scientific process such as three (3) to
five (5) week shelf-life period after purchase; assuming the eggs are
bought before the “sell by” date and taking into consideration that egg
quality goes down a grade in a week but is still perfectly edible.

SEC. 7. Inspection. No person other than an inspector, duly certified
by the Administration, shall grade eggs at a place other than a
government-registered egg station.

SEC, 8, Health and Safety. Subject to the provisions of this Act, no
person shall market eggs as food, in the domestic and international
markets unless the eggs

a) are prepared in accordance with these Regulations;

b) are not contaminated;

c) are edible; and

d) meet all other requirements of the Food and Drug Administration,
Department of Health, and other qualified government agencies.

SEC. 9. Reject or Contaminated Eggs. Eggs that are deemed rejects
or are contaminated by duly-certified inspectors may be marketed in the
domestic or international market as animal food if they are:


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a) fir for use as animal food;
b) labeled with the words “Inedible egg - Not for Human

Consumption’;

©) prepared separately from eggs intended for human consumption;
and

d) where appropriate, treated to give them the appearance of being
inedible.

SEC. 10. Regulatory Enforcement Unit. The DOH, in consultation
with the FDA, shall establish a Regulatory Enforcement Unit (REU) for a
period not exceeding one (1) year from the effectivity of this Act. It shall
be composed of at least five (5) qualified personnel in every region who
shall be directly under the control and supervision of the Deputy
Director-General for Field Regulatory Operations and shall be
administratively supported by the field offices. They shall:

a) Bear arms, wear official uniforms and insignias and shall be
classified as law enforcement agents;

b) Serve and execute rulings, orders, and decisions of the Director-
general of the FDA; and

c) Execute and serve search warrants and arrest warrants issued by
the courts in connection with violations under this Act and related
laws concerning the regulation of egg trade.

All law enforcement agents shall undergo the appropriate training
to equip them with the necessary skills needed for this purpose. Their
authority and functions shall be strictly limited to the implementation of
this Act.

SEC. 11. Penal Provisions. Any official or employee who shall
knowingly release dales or misleading information relative to the grading of
eggs, posting of expiration dates, inspection, health and safety and reject or
contaminated eggs under Sections 5, 6, 7, 8 and 9 of this Act, without
justifiable reasons for such, shall be punished with imprisonment of not less
than six (6) months, but not more than one (1) year or a fine of not less than
Ten thousand pesos (Php 10,000.00), but not more than Twenty thousand
pesos (Php 20,000.00), or both imprisonment and fine, including all the
necessary penalties provided by law, at the discretion of the court.

Any official or employee of the government who shall knowingly,
maliciously and intentionally allow the grading of eggs, posting of expiration
dates, inspection without certification at a place other than a government-
registered egg station, marketing of eggs prejudicial to the public, under
Sections 5, 6, 7, 8 and 9 of this Act, without justifiable reasons for such,


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shall be punished with imprisonment of not less than six (6) months, but
not more than one (1) year or a fine of not less than Ten thousand pesos
(Php 10,000.00), but not more than Twenty thousand pesos (Php
20,000.00), or both imprisonment and fine, including all the necessary
penalties provided by law, at the discretion of the court.

An official or employee of the government who shall knowingly,
maliciously, and intentionally engage in the wrongful grading of eggs,
inspection and grading of eggs at a place other than a government-registered
egg station and in the marketing of eggs prejudicial to the public, as
provided in Sections 5, 6, 7, 8 and 9 of this Act, without justifiable reasons
for such, shall be punished administratively with suspension from service,
without pay, for at least six (6) months but not more than one (1) year. A
subsequent offense shall be cause for a more severe penalty for the
offending party, at the discretion of the court.

SEC. 12. Implementing Rules and Regulations. The DOH shall
promulgate, in consultation with the FDA, the implementing rules and
regulations of this Act within sixty (60) days after the effectivity of this Act.

SEC. 13. Separability Clause. If any part, section, or provision of
this Act shall be declared invalid or unconstitutional, other provisions or
parts thereof which are not affected thereby shall remain in full force and
effect.

SEC. 14. Repealing Clause. All laws, decrees, executive orders and
rules and regulations inconsistent herewith are hereby deemed repealed and
modified accordingly.

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

Approved,