Food Safety Law in the Philippines PDF

Unit 4 Food Safety, Hygiene and Sanitation Ms. Kathrine Camille Nagal, MBA Facilitator  Intended Learning Outcomes At the end of this chapter, the students are expected to: Assess the standard safety and sanitary procedures for handling foodstuff; and Formulate risk manageme...

Unit 4 Food Safety, Hygiene and Sanitation Ms. Kathrine Camille Nagal, MBA Facilitator  Intended Learning Outcomes At the end of this chapter, the students are expected to: Assess the standard safety and sanitary procedures for handling foodstuff; and Formulate risk management plan on food safety and sanitation applicable to tourism and hospitality business operations.  Presentation Outline Food Safety Law in the Philippines Providing Safe Food and safe food handler Microbial World The flow of food Cleaning and Sanitizing facilities and equipment Integrated Pest Management Food Safety Management System Food Safety Law in the Philippines  signed by President Benigno Aquino, Jr. on 23 August 2013. Its provisions should be of interest to both consumers and food business operators. Food and Safety Act of 2013 (Republic Act No. 10611)  strengthens food safety regulatory system in our country. provides protection to consumers so they will have access to local foods and food products that have undergone thorough and rigid inspection. Under Section 3 of the Republic Act 10611, the objectives are as follows: a. Protect the public from food-borne and water- borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods; b. Enhance industry and consumer confidence in the food regulatory system; and c. Achieve economic growth and development by promoting fair trade practices and sound regulatory foundation for domestic and international trade.” Food covered by Food and Safety Act of 2013 (Republic Act No. 10611) Food refers to any substance or product whether processed, partially processed or unprocessed that is intended for human consumption. It includes drinks, chewing gum, water and other substances which are intentionally incorporated into the food during its manufacture, preparation and treatment. Food Safety Food safety refers to the assurance that food will not cause harm to the consumer when it is prepared or eaten according to its intended use. Food hygiene, on the other hand, refers to the measures and conditions necessary to control hazards that could lead to food-borne illnesses and to ensure fitness for human consumption of a food of plant or animal origin taking into account its intended use. Food Safety Standards Food safety standards refer to the formal documents containing the requirements that foods or food processors have to comply with to safeguard human health. They are implemented by authorities and enforced by law; and are usually developed and published under the auspices of a national standards body. The Department of Agriculture and the Department of Health shall set the mandatory food safety standards. Food Business Food business refers to any undertaking, whether public or private, that carries out any of the activities related to, or any of the stages of the food supply chain. On the other hand, “food supply chain” refers to all stages in the production of food from primary production, post- harvest handling, distribution, processing and preparation for human consumption. Food Business Operator (FBO) Food business operator refers to a person engaged in the food business including one’s agents and is responsible for ensuring that the requirements of the law are met by the food business under one’s control. All food business operators must be licensed/registered and subject to regular inspection. Food Safety Compliance Officer (FSCO) Designated by the food business operators. Legal basis: Rule 14, a.1: All food businesses shall designate a Food Safety Compliance Officer (FSCO) who has passed a prescribed training course for FSCO recognized by the DOH."  Responsibilities of Food Business Operators when it comes to Food Safety The principal responsibility of food business operators is to ensure that food satisfies the requirements of food law relevant to their activities in the food supply chain and that control systems are in place to prevent, eliminate or reduce risks to consumers Specific responsibilities of FBO under RA 10611: Be knowledgeable of the specific requirements of food law relevant to their activities in the food supply chain and the procedures adopted by relevant government agencies that implement the law Adopt, apply and be well informed of codes and principles for good practices. Micro and small industries shall be assisted to facilitate their adoption of such practices. Specific responsibilities of FBO under RA 10611: Immediately initiate procedures to withdraw food that it has produced, processed, distributed or imported, especially when it may be considered or has reason to be considered as not safe or not in compliance with food safety requirements, from the market and inform the regulatory / appropriate authorities. Allow inspection of their businesses and collaborate with the regulatory authorities on action taken to avoid risks posed by the food product/s which they have supplied. Specific responsibilities of FBO under RA 10611: designate a Food Safety Compliance Officer (FSCO) who has passed a prescribed training course for FSCO recognized by the DA and/or the DOH. For 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. For Large and medium scale food businesses an FSCO who is preferably a graduate of food- related courses must be designated Specific responsibilities of FBO under RA 10611: Effectively and accurately inform the consumers of the reason for the withdrawal, when the unsafe or noncompliant food product may have reached the consumer, and if necessary, recall the same from the market. Focus on the Protection of Consumer Interests The protection of consumer interest shall be geared towards the following: 1. Prevention of adulteration, misbranding, fraudulent practices and other practices which mislead the consumer; and 2. Prevention of misrepresentation in the labelling and false advertising in the presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged, the setting in which they are displayed, and the product description including the information which is made available about them through whatever medium. Prohibited acts under the Food and Safety Act of 2013 It shall be unlawful for any person to: 1. 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 law. 2. 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 law.  Prohibited acts under the Food and Safety Act of 2013 It shall be unlawful for any person to: 3. Refuse access to pertinent records or entry of inspection officers of the FSRA. 4. Fail to comply with an order relating to notifications to recall unsafe products. 5. Adulterate, misbrand, mislabel, falsely advertise any food product which misleads the consumers and carry out any other acts contrary to good manufacturing practices.  Prohibited acts under the Food and Safety Act of 2013 It shall be unlawful for any person to: 6. Operate a food business without the appropriate authorization. 7. Connive with food business operators or food inspectors, which will result in food safety risks to the consumers. 8. Violate the implementing rules and regulations of this law.  Delineation of Jurisdiction from Farm to Plate Chain Retailers, Fast Food Processing –Distribution Domestic/International Establishments, Farm (Primary (Manufacturer/ Processor, Ports & Airports of entry, Ambulant Vendors (wet Production; Post Harvest, Distributor In-flight catering, Food market, water refilling Consumers Imported Fresh (Importer/Exporter/ service Establishments, station, restaurant, street, Agricultural products) wholesaler) Sea vessels and Aircraft food, ambulant vending, school canteen etc.) DA Jurisdiction FDA-DOH BOQ-DOH LGU Jurisdiction Jurisdiction Jurisdiction  Applicable Penalties for Persons Criminally Liable Additional Fine Relevant Authorization Penalty 1st Conviction 50-100K Suspension for 1 month None 2nd Conviction 100-200K Suspension for 3 month None 3rd Conviction 200-300K Suspension for 6 months None Violation Resulting to slight 200-300K Suspension for 6 months Hospitalization Physical Injury*** and Rehabilitation Violation Resulting in less serious 200-300K Suspension for 12 month Hospitalization to serious Physical Injury*** and Rehabilitation Violation Resulting to Death*** 200-300K Permanent revocation Imprisonment Food Safety Response to COVID-19 References Official Gazette (2015). 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 otherwise known as food safety act of 2013. Retrieved from https://www.officialgazette.gov.ph/downloads/2015/02feb/20150220-IRR-RA-10611.pdf www.youtube.com www.foodshap.com restaurant.org/covid19 https://www.dti.gov.ph/covid19/infographics/