REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
Quezon City

ECEIVED
fe wh 2013

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 970

‘K REPRESE DS

cs

Introduced by MAGDALO Party List Representatives Gary C. Alejano
andFranciscoAshley L. Acedillo

EXPLANATORY NOTE

Aside from food production, the assurance that food is safe and protected from any harmful
substance or spoilage is man's perennial quest for healthy living. To achieve this objective, it is
important to recognize the importance of food technologists in nation-building. As envisioned in
this bill, the country shall endeavor 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 inviolable, honest, effective and credible
licensure examinations and through regulatory measures, programs and activities that foster their
continuing professional growth.

This bill updates and redefines the practice of food technology as:

"not being limited to 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 microbiological, physical, chemical, and functional properties of food, and the
conduct of basic and applied research towards development and/ or improvement
of the safety and quality of food toward products.”

It shall also include teaching, lecturing and reviewing of subjects in Food Technology.

Salient provisions of this policy measure include the provision for foreign reciprocity which
allows a food technologist from the Philippines to practice their profession oversees on the
condition that we shall accord the same privilege to foreign nationals. This bill, in general, aims
to adapt the food technologists profession to the requirements of the modern age.

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

"ARY C. ALEJANO. iCISCO ASHLEY L. ACEDILLO


10

a

12

14

15

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

970

House Bill No.

Introduced by MAGDALO Party List Representatives Gary C. Alejano
and Francisco Ashley L. Acedillo

AN ACT
PROVIDING FOR THE REGISTRATION, LICENSURE AND PRACTICE OF FOOD
TECHNOLOGY IN THE PHILIPPINES, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE 1
TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS.
SECTION 1. Title. - This Act shall be known as the "Philippine Food Technology Act of

2013."

SEC. 2. Statement of Policy. - The State recognizes the importance of food technologists
in nation building. Hence, it shall develop and nurture competent, virtuous, productive, and well-
rounded professional food technologist, whose standards of practice and service shall be
excellent, world-class and globally competitive through inviolable, honest, effective and credible
licensure examinations and through regulatory measures, programs and activities that foster their

continuing professional growth.

SEC. 3. Definition of Terms. - As used in this Act, the following terms shall mean:
a. Food Technology is the application of the physical, biological, and behavioral

sciences to the conversion of raw materials into safe, stable, palatable, and


10

ate

12

13

14

15

24

22

23

25

26

27

nutritious foods. It includes the processes of handling, storage, processing,
packaging, distribution and utilization of food;

b. Food Technologist refers to a person qualified to practice and 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;

c. The Scope of the Practice of Food Technology within the meaning and intent of
this Act shall include, but not be limited to, 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 microbiological, physical, chemical, and functional
properties of food; and the conduct of basic and applied research towards
development and/or improvement of the safety and quality of food products. It
shall also include teaching, lecturing, and reviewing of subjects in Food

Technology.

ARTICLE I
CREATION OF THE
PROFESSIONAL REGULATORY BOARD OF FOOD TECHNOLOGY

SEC. 4. Creation and Composition of the Board. - There is hereby created a
Professional Regulatory Board of Food Technology, hereinafter called the Board, under the
administrative supervision of the Professional Regulation Commission, hereinafter referred to as
the Commission, to be composed of a Chairperson and two (2) Members who shall be appointed
by the President of the Philippines from a list of three (3) recommendees for each position
recommended by the Commission, from a list of five (5) nominees for each position chosen and
ranked by the integrated and accredited association of food technologists. The Board shall be

organized not later than six (6) months after the effectivity of this Act.


10

a

15

16

7

18

19

20

24

22

23

24

25

26

SEC. 5. Powers and Functions of the Board. - The Board shall have the following

powers and functions:

a.

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

Supervise and regulate the registration, licensure, and practice of food technology

in the Philippines;

Administer oaths in connection with the administration of this Act;

Adopt an official seal of the Board;

Maintain a roster of food technologists indicating therein the basic information
about the registered professionals;

Issue, reinstate, suspend of revoke the certificate of registration and/or
professional license or cancel special permits for the practice of food technology;
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/or
the maintenance of high professional, ethical and technical standards;

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 CHED in the
areas of curriculum, faculty, library and facilities;

Prescribe and/or adopt a Code of Ethics and a Code of Technical Standards for the
practice of food technology;

Hear or investigate any violation of this Act, its implementing rules and
regulations and the Code of Ethics for food technologists as shall come to the
knowledge of the Board, and for this purpose, to issue subpoena duces tecum to
secure the appearance of witnesses and the production of documents in

connection therewith: Provided, That the decision of the Board shall, unless


10

1.

12

13

15

16

18

19

20

2

23

24

25

26

27

appealed to the Commission, become final and executory after fifteen (15) days
from receipt of judgment or decision;

Prescribe guidelines and criteria in the Continuing Professional Education (CPE)
program for food technologists;

Adopt a program for the full computerization of the licensure examination;
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;

Grant registration without examination subject to approval by the Commission;
Issue 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;

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, resolution, rules and regulations, orders or decision issued or promulgated

by the Board shall be subject to the review and approval of the Commission.

SEC. 6. Qualifications of the Chairman and Members of the Board, - The Chairman

and Members
qualifications:

a.

of the Board shall, at the time of their appointment, possess the following

Must be a natural born citizen and resident of the Philippines for the last five
years;

Must be a holder of a Bachelor of Science in Food Technology degree as
conferred by a school, college or university in the Philippines or abroad whose

food technology program is recognized by CHED;


1

12

13

14

16

aw

18

19

20

21

22

23

24

25

26

27

c Must be 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 years prior to his appointment;

d. Must be a member in good standing of the integrated and accredited association
of food technologists;

e. Must have 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 shall he be a member of the faculty or of the administration
thereof at the time of his appointment to the Board; and

f. Must not have been convicted by any competent court of an offense involving

moral turpitude.

SEC. 7. Term of Office. - The Chairman and members of the Board shall hold office for
a term of three (3) years or until their successors shall have been appointed and duly qualified:
Provided, That members of the first appointed Board shall hold office for the following terms:
One (1) member as chairman for three (3) years, one (1) member for two (2) years and one (1)
member for one (1) year.

The chairman or member of the Board may be reappointed for another term but in no
case shall he serve continuously for more than six (6) years. Any vacancy in the Board be filled
for the unexpired portion of the term only. Each member of the board shall automatically be
registered as food technologist and issued certificate of registration and professional license and

shall take the proper oath of office prior to assumption of duty.

SEC. 8. Compensation and Allowance of the Board. — The Chairman and Members of

the Board shall receive compensation and allowances comparable to that being received by the

5


10

uw

12

13

15

16

7

18

19

20

24

23

24

25

26

Chairmen and Members of existing regulatory boards under the Commission as provided for in

the General Appropriations Act.

SEC. 9, Removal of Board Members. - Any vacancy in the Board shall be filled for the
unexpired portion of the term only.

‘The Chairperson or any member of the Board may be suspended or removed by the
President of the Philippines upon the recommendation of the Commission 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, after due notice and hearing where his right to be heard, to defend himself, and to be
assisted by counsel shall be respected in a proper administrative investigation, or final judgment

involving criminal offense.

SEC. 10. Supervision of the Board, Custodian of its Records, Secretariat, and Support
Services. - The Board shall be under the administrative supervision of the Commission. All
records of the Board, including applications for examination papers and results, minutes of
deliberation, administrative cases, and other investigations involving food technologists shall be
kept by the Commission.

The Commission shall designate the Secretary of the Board and shall provide the

secretariat and other support services to implement the provisions of this Act.

SEC. 11. Annual Report. - The Board shall, at the close of each calendar year, submit an
annual report to the Commission, giving 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.


at

12

13

14

15

16

17

19

20

24

22

23

24

25

26

27

ARTICLE IIT
EXAMINATION AND REGISTRATION
SEC. 12. Licensure Examination. - Except as otherwise provided in this Act, every
applicant seeking to be a registered and licensed food technologist shall undergo an examination

to be given by the Board in such places and dates as the Commission may designate.

SEC. 13. Qualification for Examinations. - An applicant for the licensure examination
for food technologist shall establish to the satisfaction of the Board that:

a. He is a citizen of the Philippines or a foreigner whose country has a reciprocity

agreement with the Philippines;

b. He has not been convicted of an offense involving moral turpitude;

c. He must be a graduate of a Bachelor of Science in Food Technology degree from a
school, college, or university in the Philippines or abroad whose food technology

program is recognized by the Commission on Higher Education.

SEC. 14. 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;

c. Quality Evaluation of Food;

d. Food Laws and Regulations.

The Board may revise or exclude any of the above subjects and add new ones in case a

need arise.

SEC. 15. Release of the Results of Examination. - The Board and the Commission shall
correct and rate the licensure examination papers and shall release the examination results within

ten days after the said examination.


1

10

a

13

14

15

16

7

18

19

24

22

23

24

25

26

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, a candidate who obtains a passing rating
in the majority of the subjects but obtains a rating in the other subjects/s below seventy five
percent (75%) but not lower than sixty percent (50%), shall be allowed to take one removal
examination on the subjects/s where he failed to obtain the passing rating. Provided, Finally, that
should the examinee fail to obtain a passing rating in the removal examination, he shall be

considered as having failed the entire licensure examination.

SEC. 17. Issuance of the 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 Commission. The certificate of
registration shall bear the signature of the Chairman of the Commission 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, expiry date, duly
signed by the Chairman of the Commission, shall likewise be issued to every registrant who has
paid the required registration fees. This license will serve as evidence that the licensee can

lawfully practice his profession until the expiration of its validity.

SEC. 18. Refusal to Register. - The Board shall not register any successful 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,


10

te

12

13

14

15

16

18

19

20

21

22

23

24

25

26

SEC. 19. Registration Without Examination. - The Commission shall issue a certificate
of registration and professional license to the Chairman and members of the first Board of Food
Technology and to those who, on the date of the effectivity of this Act, have passed the
examination for food technologists given by the Civil Service Commission.

The same privilege shall be granted to qualified applicants who shall apply for
registration without taking the prescribed licensure examination and who are holders of a
Bachelor's Degree in Food Technology or allied fields of Nutrition, Agriculture, Biochemistry or
Molecular Biology, Chemistry, Fishery, Chemical Engineering, and who have been actively
practicing the profession of food technology for a period of at least five (5) years immediately
preceding the effectivity of this Act.

Qualified applicants shall file their applications in the form prescribed for the purpose no
later than two (2) years from the date of the effectivity of this Act.

SEC. 20. Revocation or Suspension of the Certificate of Registration and Cancellation
of Special Permit. - The Board may, after giving proper notice of hearing to the party concerned,
revoke the practitioner’s certificate of registration, suspend him from the practice of his
profession, or cancel his 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. 21. Reinstatement, Reissuance or Replacement of Certificate of Registration and
Professional License. - Two years after the date of revocation, the Board may, upon application
and far 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 special permit, to replace lost,

destroyed or mutilated ones may be issued subject to the rules as implemented by the Board.


10

a

12

13

15

16

wv

18

19

20

2a

22

23

24

25

26

27

SEC. 22. 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,
his 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, copies of which

shall be mailed to each person listed therein.

SEC. 23. Issuance of Temporary or Special Permits, — Without prejudice to the
requirements of existing laws on the practice by foreigners in the Philippines, the following
foreigners may be issued temporary or special permits to practice food technology in the
Philippines. Provided, However, That this practice of the profession shall be limited to the
particular work for which they are commissioned: Provided, Further, That the said temporary or
special permit shall be renewed every year:

a. Food scientists or technologists called to the Philippines to provide consultancy

services;

b. Food scientists or technologists employed as exchange professors ot instructors in

recognized local schools, universities, colleges, or instructors to teach Food
Science and Technology subjects; and

c. 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 IV
PRACTICE OF FOOD TECHNOLOGY
SEC. 24. Prohibition on the Practice of Food Technology. - No person shall practice or
offer to practice food technology in the Philippines or offer himself as food technologist, or use
the title, word, letter, figure, or any sign tending to convey the impression that he is a food

technologist or advertise or indicate in any manner whatsoever that he is qualified to perform the

10


1

12

13

14

1s

16

24

22

23

24

2s

26

work of food technologist unless he has 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 to

him by the Board and the Commission.

SEC. 25. Prohibited Acts. - No person shall:

a.

engage in the practice of food technology by representing himself as a food
technologist without a valid professional license or a valid certificate of
registration, or a valid temporary/special permit granted by the Board pursuant to
this Act;

represent himself as a food technologist during the time that his professional
license is not valid or that his certificate of registration has been suspended or
revoked, or that his temporary/ special permit is cancelled;

allow anybody to use his certificate of registration and/or professional license or
temporary/special permit as a food technologist to enable such unqualified
individual to engage in the practice of food technology;

use as his own the certificate of registration and/or professional license or

special/temporary permit of another.

SEC. 26. Oath. - All successful examinees or those allowed to register without licensure

examination given by the Board and the Commission shall be required to take their oath before

the Board or any member thereof and/or any official of the Commission or any person authorized

by law prior to the practice of food technology.

SEC. 27. Code of Ethics and Code of Technical Standards for Food Technologists. -

The Board shall adopt and promulgate the Code of Ethics and Code of Technical Standards for

uw


m

12

13

14

15

16

17

18

23

24

25

26

27

food technologists prescribed and issued by the integrated and accredited national association of

food technologists.

SEC. 28, Continuing Professional Education (CPE) Program. - The CPE guidelines
shall be prescribed and promulgated by the Commission upon consultation with the Board,
which shall consult the integrated and accredited association of food technologists, affiliated
association of food technologists, and other concerned sectors. The Board shall created a CPE
Council that shall be composed of a chairman coming from the Board, a member from the

integrated and accredited association 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
Commission as the one and only integrated and accredited association of food technologists. A
food technologist duly registered with the Board shall automatically become a member of the
integrated and accredited association of food technologists, and shall receive the benefits and
privileges thereto, upon payment of the required fees and dues. Membership in the integrated and
accredited association shall not be a bar to membership in other association of food

technologists.

SI

30. Foreign Reciprocity. - No foreign food technologist shall be admitted to the
examination or be given a certificate of registration and a professional license or be entitled to
any: of the privileges under this Act unless the country of which he is a subject or citizen
specifically permits Filipino food technologists to practice within its territorial limits on the same

basis as the subjects or citizens of such foreign state or country.

SEC. 31. Indication of License and Privilege Tax Receipt. - The food technologist shall

be required to indicate his registration/professional number and date of issuance, the duration of

12


1

2

3

10

wa

12

16

7

18

19

20

2a

22

23

24

25

validity, including the privilege tax receipt number on the documents he signs, or issues in

connection with the practice of his profession.

ARTICLE V
FINAL PROVISIONS
SEC. 32. Funding Provision. - Such sums as may be necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of the year following

its enactment into law and thereafter.

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 Commission shall, upon conviction, be punished by a fine of not less than Forty
Thousand Pesos but not more than One Hundred Fifty Thousand Pesos or by imprisonment of

not less than (6) months nor more than four (4) years, or both, at the discretion of the court.

SEC. 34, Implementing Rules and Regulation. — To implement the provisions of this
Act, the Board shall, subject to the approval of the Commission, 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 ot 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.

13


2:

2

3

SEC. 37. Effectivit

- This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a major daily newspaper of national circulation whichever comes

earlier.

Approved,

14