The Laws Relating to Food Sanitation
Key Points on Serving Safe Foods
The constant focus on always serving safe foods can be summarized by the following:
1. Keep hot food hot and cold food cold. Hot food should be kept above 240°F and cold
food below 40°F. Frequently check temperatures.
2. Quickly cool food and refrigerate in shallow stainless steel pans. Reheat food only
once
and ensure an internal temperature of 165°T for at least fifteen seconds, When using
the microwave oven, heat the food to 165°F, cover it and keep it in the oven for two to
five minutes after reheating to allow the heat to spread evenly throughout.
3. Properly thaw frozen food in the refrigerator, microwave oven, or under cold running
water, and cook immediately.
4. Make personal cleanliness and hygiene that includes frequent hand washing a
conscious commitment on the part of all employees.
5. Strictly follow sanitary procedures to avoid any possibility of cross contamination.
6. Always operate the kitchen according to safety and quality-control plan.
7. Control and frequently check dishwashing procedures.
8. Establish a HACCP program for safe food handling. Critical control points should be
identified with every recipe.
9. Maintain garbage and trash removal as well as pest control with a scheduled program
on safety and prevention.
LAWS RELATING TO FOOD SANITATION
There are standards by which a food establishment must comply to, in order to ensure
an effective food safety management system. There are both international and locally
available laws that can be used as references. These laws contain standards to follow
and definition of terms.
International Standards and Guidelines on Food Safety
The law is a complex subject and most acts and regulations affecting the food industry
are difficult to comprehend. However, ignorance of the law is no defense in the event of
a prosecution, and all food handlers should make special efforts to understand the
legislation that affects their business and themselves. This book only contains very brief
details of some of these legislations and more information may be obtained from the local
health department. Acts and regulations applicable to the food industry are concerned
with:
1. The production or sale of injurious, unsafe, unfit, or substandard food
2. The contamination of food
3. The sanitation of food premises, equipment, and personnel
4. Food safety practices, including temperature control and treatment
5. The control of food poisoning and food-borne diseases
6. The composition and labeling of food
1. CODEX ALIMENTARIUS RECOMMENDED INTERNATIONAL CODE OF
PRACTICE: GENERAL PRINCIPLES ON FOOD HYGIENE CAC/RCP 1 - 1969, REV. 4
- 2003*
This is a set of internationally recognized food standards, guidelines, and codes of
practice.
These principles are foundations for ensuring food safety and sanitation and
sustainability of food consumption. It may be applied by the governments, producers,
manufacturers, retailers, food handlers, food service operators and consumers.
*Refer to the full codex for the complete code: [Link]
codexalimentarius/codex-texts/codes-of-practice/en/
2. HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEM AND
GUIDELINES FOR ITS APPLICATION ANNEX TO CAC/RCP
1-1969, REV. 4 - 2003*
This basic text on food hygiene is a document that introduces and discusses the
principles of the HACCP System which was adopted by the Codex Alimentarius
Commission. The document also helps guide food handlers and management in
applying the said system to their respective operations.
*Refer to the full codex for the complete code: [Link]
codexalimentarius/codex-texts/codes-of-practice/en/
3. ISO 22000:2018 FOOD SAFETY MANAGEMENT SYSTEMS - REQUIREMENT
FOR ANY ORGANIZATION IN THE FOOD CHAIN*
This sets out the requirements on Food Safety Management System processes and
procedures for any organization involved in food and food industry whichever size and
sector. The ISO 22000 certification gives a company an edge and confidence that
assures their customers of their effective food safety management system.
*Refer to ISO 22000 for the complete details of the requirements:
[Link]
Food Safety Laws in the Philippines
1. IMPLEMENTING RULES AND REGULATIONS OF THE PRESIDENTIAL.
DECREE 856 (CODE ON SANITATION OF THE PHILIPPINES) 1995.
CHAPTER III: FOOD ESTABLISHMENT
CHAPTER III
Food Establishment
SECTION 14. Sanitary Permit.
a. No person or entity shall operate a food establishment for public patronage without
securing a permit from the local health office. The term "food establishment" as used in
this chapter means an establishment where food or drinks are manufactured,
processed, stored, sold, or served.
b. Every sanitary permit shall be posted in a conspicuous place of the establishment.
Fees - The fees payable on applications for permits and upon the issuances, renewal
and noting of such certificates shall be in such amounts as the City or Municipal
Authority may by resolution impose.
Noting of Permit - Within 14 days after any change in the ownership or occupancy of
any establishment, the new occupant shall apply to the City or Municipal Health Officer
to have such change noted in the records and on the permit certificate which he shall
produce for the purpose and shall pay the corresponding fee in respect of such noting.
e. Record of Permit Certificates - Every City or Municipality shall keep a record of all
establishments in respect of which permits have been issued and of all permit
certificates and renewals thereof.
f. The record shall in every case show the following:
vii. The name and address of the holder of the permit who in every case shall be the
actual occupier of the establishment;
viii. The location of the establishment;
ix. The purpose or purposes for which the permit has been issued;
*. The date the first permit was issued and the dates of any renewal thereof;
xi. Every change of occupation and management of the establishment since the first
permit was issued; and
xii. Conditions under which the permit was issued or any renewal thereof granted.
The record shall be available at all reasonable times for inspection by any officer of the
Department of Health."
*This is taken from PD 856; refer to PD 856 for complete details.
2. IMPLEMENTING RULES AND REGULATIONS OF THE REPUBLIC ACT
10611 (FOOD SAFETY ACT OF 2013) 2015.
ARTICLE IX
TRAINING AND CONSUMER EDUCATION
SECTION 31. Training - Skills training and other instructional/educational activities shall
be regularly provided to food business operators, food handlers, and to government
personnel as follows:
(a) Food business operators particularly micro, small and medium scale enterprises
shall be trained on the requirements of food safety regulations and the understanding of
these requirements. Personnel shall be trained on HACCP, on the codes of good
practice and on technologies that will enable them to comply with regulations;
(b) Mandatory training on safe food handling and similar courses shall be implemented
for food handlers of food businesses; and
(c) Government personnel shall be trained on the scientific basis for the provisions of
the law and on the conduct of official controls.
The different FSRAs shall identify training needs and the appropriate training programs.
Mandatory training programs shall be developed and implemented by accredited
training providers.
Rule 31.1 All training programs on food safety shall include the requirements of the Act.
Rule 31.2 The DA and the DO shall develop and conduct food safety trainings designed
specifically for FSCOs, the FBOs, and the FSRAs. Other government institutions, the
academe, professional associations, and third party service providers may also conduct
food safety trainings provided that t'ese are recognized by the FSRAs.
Rule 31.3 The DA and the DOH may partner with other government institutions, che
academe, professional associations, and third party service providers in providing these
food safety trainings.
SECTION 32. Consumer Education - A consumer education program shall be
developed by the DA, the DOH and the LGUs in partnership with the Department of
Education, the implementation of which shall be carried out by the latter.
SECTION 33. Funding - Funds shall be provided for the development and
implementation of training and consumer education programs.
Rule 33.1 The DA and the DOH shall provide funds for the development and initial
implementation of training and consumer education programs through the regular
appropriations of FSRAs and other relevant agencies.
ARTICLE X
FOOD-BORNE ILLNESS MONITORING, SURVEILLANCE AND RESEARCH
SECTION 34. Food-borne Illness Monitoring and Surveillance - The government, in
support of risk analysis, shall implement the following programs:
(a) An integrated food-borne disease monitoring system that links to the sources of food
contamination in collaboration with the DOH-NEC and the NCDPC; and
Rule 34a.1 The DOH-NEC and the NCDPC shall collaborate with the FSRAs in
strengthening the sharing of information on food-borne diseases for the development of
appropriate risk management measures.
(b) Identification of hazards in the food supply chain and assessment, of levels of
exposure to the hazards.
Rule 34b.1 The DA and DOH shall link and coordinate their activities in identifying and
monitoring hazards in the food supply chain such as pesticide residues, food additives,
veterinary drug residues in food and chemical, biological, and other contaminants under
their jurisdiction. The results shall be used to create a database on the national food
safety
situation.
SECTION 35. Research - The government and academe shall develop and implement a
program of research on cost effective technologies and codes of practice for assisting
farmers, fisherfolk, micro, small and medium scale enterprises and other stakeholders
to enable them to comply with food safety regulations.
Rule 35.1 The DA and the DOH shall include cost-effective technologies and codes of
practice relative to food safety regulations in their respective research agenda or
research priorities.
Rule 35.2 The DA and the DOH shall engage the academe and other relevant
institutions in the conduct of research.
Rule 35.3 Results of such research shall be used in the development of policies and
improvement of food safety regulations.
PROHIBITIONS, PENALTIES AND SANCTIONS (ARTICLE XII)
First Conviction ₽50,000 to P100,000
+ 1 month suspension
Second Conviction P100,000 to ₽200,000
+ 3 months suspension
Third Conviction ₽ 200,000 to P300,000
+ 6 months suspension
Slight Physical Injury ₽200,000 to ₽300,000
+ 6 months suspension + hospitalization
and rehabilitation cost
Serious Physical Injury 200,000 to P300,000
+ 12 months suspension
+ hospitalization and rehabilitation cost
Death imprisonment of the business owner
(Food Business Operator)
+ ₽300,000 to P500,000
+ permanent revocation of appropriate
authorization to operate a food business
*This is taken from the IRR of RA 10611; refer to full IRR for complete details.
Other Relevant Laws for Food Businesses in the Philippines
1. OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA), Amended 1989
This is the principal act concerned with protecting the health and safety of employees
and members of the public. Every employer has a legal obligation to ensure, as far as is
reasonably practicable, the health, safety, and welfare of employees. Safe systems of
work must be devised and supervision and training given to all staff, for example, before
staff are allowed to operate or clean dangerous machines, such as gravity feed slicers.
Employees must ensure that their acts or omissions do not adversely affect other
persons.
2. EMPLOYEES' RIGHT-TO-KNOW ACT
The regulations in this act provide a legal framework for the control of substances
hazardous to health. They apply to all types of business including food businesses. The
essential measures that employers (and sometimes employees) have to take to ensure
people are protected from the hazardous substances they may encounter are
stipulated. Hazardous substances include those that are toxic, harmful, irritant, or
corrosive.
Vocabulary:
The Codex Alimentarius, or "Food Code" is a collection of standards, guidelines and
codes of practice adopted by the Codex Alimentarius Commission (CAC).
The Codex Alimentarius is a collection of internationally recognized standards, codes
of practice, guidelines, and other recommendations published by the Food and
Agriculture Organization of the United Nations relating to food, food production, food
labeling, and food safety.
Alimentary - of or relating to nourishment or nutrition.
Conspicuous: standing out so as to be clearly visible.
ISO: International Standards Organization.
ISO 22000 is an international standard that outlines the requirements for a food safety
management system (FSMS).
FSRA stands for Food Safety Regulatory Agency,
FSCO means Food Safety Compliance Officer designated by the Food Business.
FBO - Food Business Operator (FBO means the natural or legal person responsible for
ensuring that the requirements of the law and food safety related legislation are fulfilled
within the food business establishment under the control thereof.
DOH-NEC stands for the National Epidemiology Center (NEC) of the Department of
Health (DOH).
NCDPC stands for National Center for Disease Prevention and Control
