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Food Safety Act of 2013

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0% found this document useful (0 votes)
35 views55 pages

Food Safety Act of 2013

Uploaded by

Jima Jam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Republic Act No.

10611
The Food Safety Act of 2013
PRESENTATION OUTLINE
 Overview of the Food Safety Act
 What is Food Safety?
 Objectives of the Law
 Road Map
 Stakeholders Involved in the Food Safety Act:
Role of Local Government Units
 Prohibited Acts
 Penalties and Sanctions
Republic Act No. 10611

 An Act To Strengthen The Food Safety


Regulatory System In the Country To
Protect Consumer Health And Facilitate
Market Access Of Local Foods And Food
Products, And For Other Purposes

 “Philippine Food Safety Act of 2013”


Food Safety Act: Outline
Article Title
I Title, Declaration of Policy and Objectives
II Definition of Terms
III Basic Principles of Food Safety
IV General Principles
V Responsibilities on Food Safety
VI Food Safety Regulation Coordinating Board (FSRCB)
VII Crisis Management
VIII Implementation of Food Safety Regulations
IX Training and Consumer Education
X Food-borne Illness Monitoring, Surveillance and Research
XI Policy on Fees
XII Prohibitions, Penalties and Sanctions
XIII Final Provisions
What is….

- The assurance that food will not


cause harm to the consumer when
it is prepared or eaten according to
its intended use.
Objective of the Safety Act of
2013
 Public protection from food and water-borne illnesses
and unsanitary, unwholesome, misbranded or
adulterated foods

 Enhance confidence in the food regulatory system

 Achieve economic growth and development by


promoting fair trade practices and sound regulatory
foundation for domestic and international trade
Food Safety Road Map

Establish policies
Upgrade the
and programs for
Delineate and link Provide a mechanism capability of
addressing food
the mandates and for coordination and Strengthen the farmers, fisherfolk,
safety hazards and
responsibilities of the accountability in the scientific basis of the industries, consumers
developing
government agencies implementation of regulatory system and government
appropriate
involved regulatory functions personnel in
standards and
ensuring food safety
control measures
Major Stakeholders

Food business operators


Government agencies
Other stakeholders
Stakeholders involve
inbusiness
• Food Food operators
Safety (FBO)
Principal Responsibility (Sec. 13)
Food satisfies the requirement of food
law
Control systems in place
Stakeholders involve
in Food Safety

• Food business operators (FBO)

Specific Responsibilities (Sec. 14)


a) Knowledge of the specific requirements of
food law
b) Voluntary withdrawal of the food in question
from the market and inform the regulatory
authority
Stakeholders involve
in Food Safety
• Food business operators (FBO)
Specific Responsibilities (Sec. 14)
c) Allow inspection of their businesses and
collaborate on action taken to avoid risks
d) Effective and accurate information to
consumers of the reason for withdrawal
and recall of products from the market
• All food businesses shall
designate a Food Safety
Compliance Officer (FSCO)
who has passed a prescribed
training course for FSCO
recognized by the DA and/or
the DOH.
• MICRO AND SMALL ENTERPRISES, the owner may
serve as the FSCO or a consultant FSCO may be
employed on part-time or full-time basis.

• LARGE- AND MEDIUM- SCALE FOOD


BUSINESSES shall designate an FSCO who is
preferably a graduate of food-related courses
• Upon the occurrence of any food safety incident, FBOs
shall immediately implement appropriate control
measures. FBOs shall immediately report to the
concerned FSRA any food safety incident which has
caused or contributed to the death, serious illness or
serious injury of any person. Thereafter, subject to Rule
12.1.7, the FBO shall be summoned by the concerned
FSRA to attend a technical conference to resolve any
food safety issue or determine whether or not a death,
serious illness or serious injury suffered by a consumer
is attributable to a food safety issue.
Major Stakeholders- Responsibilities
• Department of Agriculture

 Principal Responsibility [Sec15(a)]:


i. Primary production
ii. Post harvest stages of food supply chain and
iii.Foods locally produced or imported in this
category
• Primary production (under DA) refers to the
production, rearing or growing of primary
products including harvesting, milking and
farmed animal production up to slaughter; and
the rearing and growing of fish and other
seafood in aquaculture ponds. It also includes
fishing and the hunting and catching of wild
products.
• Post harvest stages (under DA) refer to the
stages in the food supply chain involving the
minimal transformation of plant and animal
foods after primary production such as
removal of field heat for fruits, slaughter of
animals, sorting, grading and cutting of fresh
plant and animal foods, icing and freezing, and
the milling and storage of grain.
• Bureau of Animal Industry (BAI)
• For food derived from animals including eggs and honey
production

• National Dairy Authority (NDA)


• For milk production and post harvest handling

• National Meat Inspection Service (NMIS)


• For meats

• Bureau of Fisheries and Aquatic Resources (BFAR)


• For fresh fish and other seafoods including those grown by
aquaculture
• Bureau of Plant Industry (BPI)
• For plant foods

• Fertilizer and Pesticide Authority (FPA)


• For pesticides and fertilizers used in the production of
plant and animal food

• Philippine Coconut Authority


• For fresh coconut
• Sugar Regulatory Administration
• For sugar cane production and marketing

• National Food Authority (NFA)


• For rice, corn, and other grains
• Bureau of Agriculture and Fisheries Standards
(BAFS)
• Develop food safety standards for fresh plant,
animal, fisheries and aquaculture foods

• Food Development Center (FDC) of the NFA


• Provide scientific support in testing, research and
training
• Department of Health

 Principal Responsibility [Sec 15(b)]:


i. Processed and pre-packaged foods
ii. Foods locally produced or imported
under this category
iii.Conduct of monitoring and
epidemiological studies on food-
borne illnesses
• Processing refers to any action that
substantially alters the initial raw materials or
product or ingredients including, but not
limited to, heating, smoking, curing, maturing,
drying, marinating, extraction, extrusion and a
combination of those processes intended to
produce food.
Specific Responsibilities of DOH (Sec 18)
Ensure the safety of all food processing and
product packaging activities
FDA-CFRR – responsible for implementing a
performance-based food safety control
management system which shall include:
 Development of food standards and
regulations;
Specific Responsibilities of DOH (Sec 18)

FDA-CFRR – responsible for implementing a


performance-based food safety control
management system which shall include:
 Post marketing surveillance;
 Enforcement of HACCP and other risk-
based food control measures;
Specific Responsibilities of DOH (Sec 18)
FDA-CFRR – responsible for implementing a
performance-based food safety control
management system which shall include:
 Strong participation in Codex and other
international standard setting bodies;
 Communication of risk and development
of interactive exchange among
stakeholders;
Specific Responsibilities of DOH (Sec 18)
FDA-CFRR – responsible for implementing a
performance-based food safety control
management system which shall include:
 Establishment of laboratories for food
safety and strengthening the capabilities
of existing laboratories;
Specific Responsibilities of DOH (Sec 18)
FDA-CFRR – responsible for implementing a
performance-based food safety control
management system which shall include:
 Development of database of food safety
hazards and food-borne illness from
epidemiological data;
 Strengthening R&D capabilities on product
safety and quality; and
 Certification of food safety inspectors.
Specific Responsibilities of DOH (Sec 18)
Bureau of Quarantine –sanitation and food safety
in in both domestic and international ports and
airports of entry
National Epidemiology Center (NEC), Research
Institute of Tropical Medicine (RITM) and the
National Center for Disease Prevention and
Control (NCDPC)– conduct and document
epidemiological monitoring studies on food-
borne illnesses
Specific Responsibilities of DOH (Sec 18)
National Center for Health Promotion –
advocates food safety awareness,
information and education to the public
 NCDPC –help ensure safety of food, risk
reduction in food contamination and food
borne diseases.
• Food Safety Regulatory Agencies
Local Government Units
 Principal Responsibility [Sec 15(c)]:
i. food safety in food businesses
 activities in slaughterhouses, dressing
plants, fish ports, wet markets,
supermarkets, school canteens, restaurants,
catering establishments and water refilling
stations
ii. street food sale, including ambulant vending

Stakeholders involve in Food Safety


• Food Safety Regulatory Agencies
Department of Interior and Local Government
 Principal Responsibility [Sec 15(d)]:
i. supervise the enforcement of food safety
and sanitary rules and regulations
ii. inspection and compliance of business
establishments and facilities within its
territorial jurisdiction

Stakeholders involve in Food Safety


Specific Responsibilities of LGU and DILG (Sec 19)
LGUs- enforcement of the “Code on Sanitation
of the Philippines” (Presidential Decree No. 856,
December 23, 1975), food safety standards and
regulations. It include:
 Sanitation in public markets, slaughterhouses,
micro and small food processing
establishments and public eating places

Stakeholders involve in Food Safety


Specific Responsibilities of LGU and DILG (Sec 19)
LGUs- xxx xxxx. It include:
Codes of Practice for production, post harvest
handling, processing and hygiene;
Safe use of food additives, processing aids and
sanitation chemicals; and
Proper labelling of prepackaged foods.

Stakeholders involve in Food Safety


Retailers, Fast Food
Farm - Domestic/
Processing- Establishments,
- Primary International Ports
Distribution Ambulant Vendors
Production & Airports of entry
- Manufacturer/ - wet market, water
- Post Harvest - In-flight catering
Processor
Food service
refilling station, CONSUMERS
- Imported Fresh - Distributor restaurant, street
Agricultural Establishments
(Importer/Exporter food, ambulant
products - Sea vessels and
/ wholesaler) vending, school
Aircraft
canteen etc.)
DA FDA-DOH BOQ-DOH LGU
Jurisdiction Jurisdiction Jurisdiction Jurisdiction
FDC-NFA – provides NEC & RITM: NCDPC Strategize actions
scientific support in testing, Conduct epidemiological on FS to reduce the risk of
research and training monitoring studies on FBD food contamination and
for use in risk-based policy FBD, address micronutrient
formulation deficiencies and NCD
DA, DOH, DILG, LGU
• The DILG, in collaboration with DA, DOH
*enforcement of food safety and sanitary rules
and regulations within its territorial jurisdiction

• The LGUs (as needed by the DOH and DA)


*to assist in the implementation of food laws,
other relevant regulations
• The DA and the DOH

*shall capacitate the DILG and LGUs through


provision of the necessary technical assistance in
the implementation of their food safety functions
under their jurisdiction
*shall periodically assess the effectiveness of these
training programs in coordination with the DILG
The DA and the DOH (in cooperation with the LGUs)

*monitor the presence of contaminants in food to


determine food safety hazards in the
food supply chain.
Chair DOH Secretary
• Alternate Chair FDA Director General
Co-Chair DA Secretary
• Alternate Co-Chair DA Undersecretary for Policy and
Planning, R&D and Regulations
Members
•Heads of the FSRAs of the DA
• Director of the FDA Center for Food Regulation and Research
• Representative Field Operator of the DILG with the rank of a Director
• Heads of Leagues of Barangays, Municipalities, Cities and Provinces
• Representative from the DTI with the rank of a Director
• Representative from the DOST with the rank of a Director
POWERS AND FUNCTIONS
• Monitor and coordinate the performance and
implementation of the mandates of the DA, the DOH, the
DILG and the LGUs in food safety regulation;
• Identify the agency responsible for enforcement based on
their legal mandates when jurisdiction over specific areas
overlap;
• Coordinate crisis management and planning during food
safety emergencies;
• Establish the policies and procedures for coordination
among agencies involved in food safety

Food Safety Regulation


Coordinating Board
Powers and functions

• Continuously evaluate the effectiveness of enforcement of


food safety regulations and research training programs
• Regularly submit reports to the Congressional Committees
on Health, Agriculture and Food, and Trade and Industry;
and
• Accept grants and donations from local and international
sources

Food Safety Regulation


Coordinating Board
CRISIS MANAGEMENT (ARTICLE VII)
Rapid alert system will be put in place (Sec 23)
Emergency Measures (Sec 24)
Plan for Crisis Management (Sec 25)

Overview: Food Safety Act


IMPLEMENTATION OF FOOD SAFETY
REGULATIONS
Policies on Official Controls (Sec 26)
Traceability (Sec 27)
Licensing; and Registration of Establishments (Sec 28)
Inspection of Food Business Operators (Sec 29)
Food Testing Laboratories (Sec 30)

Overview: Food Safety Act


TRAINING AND CONSUMER EDUCATION
Skills training of food business operators
Mandatory training on safe food handling and similar courses
Training on the scientific basis and conduct of official controls
DA, DOH, LGUs DepEd partnership (Consumers)

Overview: Food Safety Act


Surveillance and Research
Development and implementation of programs on
cost effective technologies and codes of practice

Penalties
fines of 50,000 pesos to 300,000 pesos
suspension of appropriate authorization to
conduct business/prepare food.

Overview: Food Safety Act


SEC. 37. Prohibited Acts. – It shall be unlawful for
any person to:
(a) Produce, handle or manufacture for sale, offer for sale,
distribute in commerce, or import into the Philippines any
food or food product which is not in conformity with an
applicable food quality or safety standard promulgated in
accordance with this Act;
(b) Produce, handle or manufacture for sale, offer for sale,
distribute in commerce, or import into the Philippines any
food or food product which has been declared as banned
food product by a rule promulgated in accordance with this
Act;

Prohibited Acts
SEC. 37. Prohibited Acts. – It shall be unlawful for
any person to:
(c) Refuse access to pertinent records or entry of inspection
officers of the FSRA;
(d) Fail to comply with an order relating to notifications to
recall unsafe products;
(e) Adulterate, misbrand, mislabel, falsely advertise any food
product which misleads the consumers and carry out any
other acts contrary to good manufacturing practices;
(f) Operate a food business without the appropriate
authorization;

Prohibited Acts
SEC. 37. Prohibited Acts. – It shall be unlawful for
any person to:

(g) Connive with food business operators or food


inspectors, which will result in food safety risks to the
consumers; and

(h) Violate the implementing rules and regulations of


this Act.

Prohibited Acts
• Any director, officer or agent of a corporation who
shall authorize, order or perform any of the acts or
practices constituting in whole or in part a violation of
the prohibited acts, and who has knowledge or notice
of noncompliance received by the corporation from
the concerned department, shall be subjected to the
penalties.

Prohibited Acts
Fine Relevant Authorization Additional Penalty
1st Conviction 50K-100K Suspension for 1 mo None
2nd Conviction 100K-200K Suspension for 3 mos None
3rd Conviction 200K-300K Suspension for 6 mos None

Violation Resulting to Hospitalization and


slight Physical Injury*** 200K-300K Suspension for 6 mos rehabilation

Violation Resulting in less


serious to serious Physical Hospitalization and
Injury*** 200K-300K Suspension for 12 mos rehabilation

Violation Resulting to
Death*** 300K-500K Permanent revocation Imprisonment

Penalties and Sanction

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