Laws Regulating Restaurants and Tourism Establishments PDF

Week 15 – Laws Regulating Restaurants and Other Tourism-Related Establishments Legal Aspects in Tourism and Hospitality R.A. 9593, Section 3 Secondary Tourism Enterprises – facilities and services that may be related to tourism such as, but not limited to, restaurants; specialty shops and departm...

Week 15 – Laws Regulating Restaurants and Other Tourism-Related Establishments Legal Aspects in Tourism and Hospitality R.A. 9593, Section 3 Secondary Tourism Enterprises – facilities and services that may be related to tourism such as, but not limited to, restaurants; specialty shops and department stores; sports facilities and recreational centers such as, museums and galleries, theme parks, zoos; health and wellness facilities such as, but not limited to, spas, tertiary hospitals, ambulatory clinics and medical concierge; rest areas in gas stations; agri- tourism farms and facilities; tourism training centers or institutes, including tourism trainers; outbound travel agencies; and such other enterprises as may be identified by the Secretary, after due consultation with concerned sectors. Below are examples of Secondary Tourism Enterprise o A restaurant is any establishment offering to the public refreshments and/or meals. o A department store is a store that sells or carries several lines of merchandise and that is organized into separate sections for the purpose of promotion, service, accounting, and control. o A shop is a small retail establishment offering a line of goods or services. o A sports and recreational club/center is any establishment offering sports and recreational facilities to tourist and to the general public. o A museum is an institutional establishment where a collection of valuable objects and artifacts on history and culture, arts and sciences are put on exhibition for the general public. o A karaoke bar is any establishment offering karaoke and videoke facilities to tourists and to the general public. o A gallery is any establishment that has a formal space for exhibition of paintings, sculptures, prints, photographs, potteries and mixed media works. o A spa is an establishment that has a holistic approach to health and wellness, rest and relaxation that aims to treat the body, mind and spirit by integrating a range of professionally administered health, wellness, fitness and beauty, water treatment and services. o Tertiary hospital – it is an institution, for medical tourism, that provides clinical care and management as well as specialized and sub- specialized forms of treatments, surgical procedure and intensive care. o Medical tourism – involves travelling for the purpose of availing health care services or treatments of illnesses and health problems in order to maintain one’s health and well-being. Categories of Spa a) Day Spa which offers a variety of professionally administered spa. Services to clients on a day use basis including hair and beauty salons and wellness clinics that shall offer at least one water treatment.  b) Destination/Resort Spa which sole purpose is to provide clients with lifestyle improvement and health enhancement through professionally administered spa services, physical fitness, education programming and on-site accommodations where spa cuisine or healthy food is offered. c) Hotel Spa. This spa is located within a hotel/urban/out of town providing professionally administered spa services, fitness and wellness components. d) Cruise Spa as a spa aboard a cruise ship that provides professionally administered spa services, fitness and wellness components and spa cuisine menu choices. e) Club Spa as a facility whose primary purpose is fitness, offering a variety of professionally administered spa services on a day-use basis to both club members and non-members f) Medical Spa as an individual, solo practice group and institution comprised of medical and spa professionals whose primary purpose is to provide comprehensive medical and wellness care in an environment which integrates spa services, as well as conventional and complementary therapies and treatments. g) Wellness Center as a spa which provides services and an environment wherein the interconnectedness of diet, lifestyle, exercise, relaxation and rejuvenation must exist in order to bring about the balance h) Rehabilitation Center as a spa which primarily focuses on rehabilitation therapy for various accident or health induced incapacity (strokes, heart, etc.) incorporating mainstream and alternative modalities in order to bring the patients to its maximum level of wellbeing i) Hospital Spa as a hospital facility with a spa, wherein it integrates mainstream medicine and other alternative approach to promote healing and balance of mind, body and soul. Laws Regarding Casino and Gaming Establishments The PAGCOR (Philippine Gaming Amusement Corporation) was established to regulate all games of chance in the Philippines. Persons not allowed to stay and play at the gambling casinos o Government officials o Members of PNP and AFP o Persons under 21 years of age or students of any school What are the rules and regulations of the Philippines regarding POGOs? Laws Regulating Caterers A caterer is defined as a person, firm or association providing food and supplies, and sometimes services, for parties, weddings and other social functions. 2 Kinds of Catering Services o On-premise catering – the caterer has his own banquet hall with an attached kitchen or production area o Off-premise catering – the caterer brings the complete service to the customers. It is a kind of banquet operation that takes place in a venue chosen by a client or in an airline, boat, industrial site and other places. Food Caterers of the Philippines (FCAP) o It is a group of catering companies with the need to professionalize the industry and serve the needs of the Philippine catering industry. Food, Drug, & Cosmetic Act o The law seeks to ensure safety and good quality supply of food, drugs and cosmetics, and to regulate the production, sale and traffic of the same to protect the health of the public. Food Safety Act of 2013 o Republic Act (RA) No. 10611, also known as the “Food Safety Act of 2013” defines food as 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 (Section 4.g). On the other hand, 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 (Section 4.n). o The law primarily aims to strengthen the food safety regulatory system in the country. Food safety regulatory system is the combination of regulations, food safety standards, inspection, testing, data collection, monitoring and other activities carried out by food safety regulatory agencies (FSRAs) and by the Local Government Units (LGUs) in the implementation of their responsibilities for the control of food safety risks in the food supply chain (Section 4.q). Specifically, it aims to: protect the public from food-borne and water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods; enhance industry and consumer confidence in the food regulatory system; and achieve economic growth and development by promoting fair trade practices and sound regulatory foundation for domestic and international trade (Section 3).  o In general, RA 10611 works in the principles of achieving food safety to protect human life and health in the production and consumption of food and protect consumer interests through fair practices in the food trade. The protection of consumer interests shall be geared toward the prevention of adulteration, misbranding, fraudulent practices and other practices which mislead the consumer, and the prevention of misrepresentation in the labelling and false advertising in the presentation of food. In order to support this food legislation, standards for food safety measures shall be developed. Food safety standards refer to the formal documents containing the requirements that foods or food processors have to comply with to safeguard human health. It should be noted that the food safety standards shall be based on risk assessment which is anchored to sound scientific evidence. Responsibilities on Food Safety o Food safety is a foremost responsibility of food business operators and key government agencies. The food business operators, a person engaged in the food business including one’s agents, shall have the principal responsibility 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 (Section 13). o On the other hand, among the key government agencies with the prime responsibility of ensuring food safety include the Department of Agriculture (DA), the Department of Health (DOH), the Department of Interior and Local Government (DILG) and the Local Government Units (LGUs). Food, Drug and Cosmetic Act o The principal law for consumer protection in the Philippines is the Consumer Act of the Philippines (Republic Act No. 7394). It came into effect on July 15, 1992. o The law anchored on the basic policy of the state to protect the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. o Towards the end, the State shall implement measures to achieve the following objectives: 1. Protection against hazards to health and safety; 2. Protection against deceptive, unfair and unconscionable sales acts and practices; 3. Provision of information and education to facilitate sound choice and the proper exercise of rights by the consumer; 4. Provision of adequate rights and means of redress; and 5. Involvement of consumer representatives in the formulation of social and economic policies. The provisions of the law shall be enforced by the following implementing agencies: 1. The Department of Health with respect to food, drugs, cosmetics, devices and substances; 2. The Department of Agriculture with respect to products related to agriculture, and 3. The Department of Trade and Industry with respect to other consumer products not specified above. Amongst all the relevant departments involved in the implementation of RA 7394, the DTI plays the central role. It is also the focal point for the ASEAN Consumer Protection Committee (ACCP).