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Food Technology RA 11052

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288 views8 pages

Food Technology RA 11052

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Kar
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‘Repl te Bipies Gongress af the Philippines Reo Sala Seventh Canes Seon Bagel Se ‘Bagun and ein Metro Ant, on Monday, the twenty fourth "Joy of hay, two thousand seventeen [REPUBLIC ACT No. 110521 [AN ACT REGULATING THB PRACTICE OF FOOD "TECHNOLOGY IN THE PHILIPPINES, CREATING FOR THE PURPOSE THE BOARD OF FOOD TECHNOLOGY, AND APPROPRIATING FUNDS ‘THEREFOR, ew enacted by the Senate and Howe of Represematves of the Phiipines in Congress ened ARTICLE 1 ‘rus, Srareae oF POUCY, AND Duration oP TEES ‘seen 1. Short Tile, — Thi Ac shall be known 9 1 ‘the "Phippine Food Techoolgy Act” ce of halioabulding and development. Hence, it shall dovelop find nurture competent, virtuous, productive, and ‘Rell-rounded profesional food techaologiate whove andarde of practice and service ell be excellont, world ‘lass, tad globally eompesitive through honet, effective, ‘levant, and edible leonsure examinations and through regulatory programe, measures, and activities that tonal growth, eocal roeponsbiity, and ‘Se. 8. Definition of Terms. — As used in this Act () Food refers to ay substance or product whether proceseed, partially processed or saprocesued that Pntended for human coneumption. It includes dria chewing gum, water and other subetances, which intentionally icorporated sto such substancee or protets during the proores of manufacturing, proparation, find treatments (hy Food technology sefes tothe application of the ‘phyeical biologie, and behaviors sciences tothe conversion ‘Sf raw materials into af, table, palatable, end nutritious fodo. It inchudes the processes of handling, storage, provessing packaging, ditrbution, and utilization of foot: (© Food tchnologiet refers to person qualified to practice food technology a¥ provided in this Act and tho is holder of a valid cortificte of registration {ind vali profesional Licenso to practice ienued by the Prateesionat Regulatory Board of Pood Technslgy and the Profesional Regulation Commission PRO}; and (Microbiological ertfcotion rele to a cetifcetion of the microbclogial, phyeeal, chemical, ovasory, end functional properties of fot ‘ke, 4. The Spe ofthe Practice of ood Technology. ~ "The prio of Food Technology shall include the following (@)Tdeatiestion of the appropriate spoiications of ‘raw materile ad eupervision ote heir procarement (Supervision of food processing operations (© Evaluation of the microbiological, physical chemical, aenaory, and functionel propertiw of fod @ Contention of the analyai of microbicloiel, physical, chemical, sensory, and functional properties ‘fo (6) Technical transactions (eg tle, rading) of fod, {od ingredient and editives, and achinerien equipment and implements uaed ia safe and quality food production ind deeb ( Conduct of basic and applica rocoarch towards evelopment andor improvement of the safety end qualty of food products @ Teaching, lecturing, and reviewing of profesional rubjet in the curriculum of the Bechelae of Science in Food Technology degree or cubject in the food technology leensure examination given tn any collge Siniversty, or teeining or review center, of aay other ‘ducetional inttution ov ceriintion body; 8) Compliance with food lame and regulations ia ‘manufacturing and distbution of fode in the leal and Seraatinal ark Implementation of auslty man food safety, Inboratory management, quality tnd quality audit Provision of assistance in wats management for vironmental elt 8 Consultation work related to any or all of the ove fanetions and Procurement of chemicals reagent, equipment, apparatus, and other materiale for the conduct of foed halves, romeareh and development. ARTICLE tt "Tap Prowessiownl REcuLaToRY BOA ‘oF Foop TEcHOLOGT ‘Ke. 5, Creation of the Professional Regulatory Boor of ood Technology. ~ There ia herby ereated a Professions! Regulatory Board of Food Tochnology, hereinafter called the Board, wnder the administrative supervision ofthe PRC "The Board ehall be compocod ofa Chairperson and two @) Inewbere who shal be appointed by the President of the Hepublicof the Philippines from a ist submitted by the PRC of three (3) nominoes for each position from a list of five (6) nominees fr each postion, choewn and ranked by the {tegrated and accredited professional orgaaizaton (APO) Gt fond technologist, The Board shall be orgsnized not Inte than st (©) tothe ater the efactivity of this Ac. ‘ue. 6, Powers and Functane of the Board. ~ The odabal excise the flowing power nd fonctions: (a) Prosoulgete, sdminister, and enforce rules and ‘regulations necsesory for cuezying cut the proviciont of thie Act ) Supervioe sd regulate the resiteation, sensu, sand practice of food technology in the Philippines; (©) Tasue special permite co persone admitied to the practice of food teohnology for specific duretion of time, {nd certificates of recognition for advanced studies, evearches and accomplishments thet contribute to the ‘richmeat ofthe profeesion: (@ lesuo, reinstate, cuepond, or roroke the cetifiate of registration andlor profeeional iene or cancel special permits for the practice of food tochnelogy (6) Rosuse, in scordination withthe Commision on Higher Bdvention (CHED), that sll educational ineticatione ering fod techaologyedontion comply with the poli sndarde, and requirements of the course preceribed fy the CHD in the arene of eureculum, feeulty, library snd faite @ Prepare, adopt, and issue the syllabi of the subjects for examinations by determining and preparing the questione which chal steely be within the scope of the fyllabue of the subject for examination, G@ Aso» progam fr the il eompteretion the licensure examination; 7 (i) Presrte guidelines and eriteria inthe Continuing Profescional Development (CPD) "programm for Fi eciologis Monitor the contitons affecting the practice of food technology ané adopt euch messures a+ may be Acemed proper for the enhancement of the profession fn the maintenance of high professional, ethical, and echnical standard © Preseribe and adopt, a Code of Bthice and ¢ Code of Technical Standards for the. practice of food technology: ) Hose and investgnte cases on vslstlons of tle ‘Act ite implementing rules nnd regulations (IRR), the (odo of Ethics, che Cade of Gao Governance, the Cade of ‘Teohnical Standarde for the practice of fod technology tnd for this purpose, to iseue summons, subpoena ad lectificandum. and subpoena ducee tecum to sleged violators and witnesses to compel their attendance in hearings or investigations: Provided, That he decision ofthe Board shall unless appedted to the PRC, eoome fina and executor after fies (18) days from Grane registration witht examination subjest to approval by the PRC, (a) Administor oaths in conaection with the ‘adminitration of this Act () Maintain a roster of food technologist indicating therein the basie information shout the repietered profecionale (©) Adopt cn oficial seal ofthe Board: and 1) Discharge auch other powers and functions a the Board may deem necessary for the practice of the profession and the upgrading, enhancement, development, End growth of food technology profeusion in the Palippines ‘The policies, resokutions, rales and regulatio orders oF decision issued or promulgated by the Bourd Shall be subject ta the review aad approval. of ‘the PRC, Sec. 7. Qualifications ofthe Members of the Boord. ~ At tho time of their respective appointments, the ‘members of the Board, including the Chairperson, suet be () A ctioen and resident ofthe Philippines for last five (6) yours; (A dogree holder of » Bachelor of Solence in Food ‘Techaology ax confersed by a school, calege or university in the Philipines or sbroad where ite food technology rogram is recognised by the CHED; (© A duly sogistered fod tochnologist under thie Act, with a valid cetifcots of registration and professional Iisense end has been ia the active practice of the profession in the Philippines for atleast five (5) years Dror to tho appointment of the member GA member in good standing of the integrated sd APO of fod technologies: and () A poreon without any pecuniary interest, diretly or indirectly in any schol, academy, college, university ot Institution conferring an seademic degree neceashey for fdiaision ta the practi of food technology or where Feview elasce in preparation for the licensure examination fare being offered or conducted, nor = member of the faculty or of the administration threo! at the tine of the appointment of the member to the Board: and ‘has not bean convicted by any competent court of an offense involving moral turpitude ‘EC. 8. Term of Office ofthe Members ofthe Beard. ~ ‘The Chairperson and memibere of the Board shall Il fice fore term of three (3) yeare from the date of ‘appointment or until thelr euccostors shall have been. ‘qualified and appointed. They may be reappointed in fhe same eifice for another tarm of three (@) yeare Immedietely after the expiry of thelr erm: Provided, ‘That no meuber of the Hoard shall hold office for more then two (2) terme oF more chan six (6) year Provided further, That the fat Board appointed under this ‘Act shall hold these term of offic: the Cheieperson for ‘hres (2) sears the fist member fortwo (2) years and che second member for one (1) year: Provided, finally, That fn appointoe toa vacancy chal serve only the unexpired portion of the term of office. The Chairperson and Imembsrs shell take their ostha of office before & Ally authorae offie, 9. Compensation and Allowance ofthe Boord. ~ ‘The Chairperson and aeubers ofthe Board ell recive compencation and allowances comparable to that being received by the chairporcone and members of existing regulatory boards under the PRC as provided for 'he General Appropriations Ac. 800.10. Remosalor Superson of Menierof the Baar ~The Chairperson or any member ofthe Board ey. upon the recommendation of the PRC. be euepended or moved by the President of the Philippines upon due notice and hearing, for neglect of duties, incompetence, ‘alprectice, commission or tolerance of irregularities In any examination given by the Board, manipulation or vigging of the said examination, tempering of ‘ection price to the conduct of the oid examinations, tr tampering of grades, or uoprofeesional or unethical fonduct. The rights of the accueed or respondent to be Iheard, to defend oneself, and tobe assisted by the counsel hallo reepected in tho propor administrative investigation Tobe conductod for the purpooe ‘Any vacancy in the Board shall be filled for the ‘noxpired portion ofthe tam aly 880, 11, Supervision of the Board, Custodian ofits Records, Seorstariat, and Support Series. ~The Board hall be under the adinistrtive supervision ofthe PRC. ‘Ail records of the Board, including applications for nd eval, ennutee of deliberation, Tand other investigations valving fod tachologits chal be kept by the PRC. ‘The PRC shall designate the Secretary ofthe Board 1d other support ‘880,12, Annual Report. — Tho Board shall st the close of each calendar year, submit an annual report {othe PRG, giving n deteiled account ofits proceedings, Accomplishments during the fear, and rocommending measures to be opted, with the end in iew of upgrading trod improving the conditione sffocting the practice of fod tcbaclogy inthe Philipines ARTICLE 1 -ExAMaNATION 4D REGISTRATION ‘800,19, Licensure Esamination Reguremen.— Except as otherwite spacifelly allowed wnder this Act, applicants {be rietration forthe practi of food techaolgy chal be Teauired past a censure examination ee provided for cod dates aa the PRC may tlesignate in the Resolution thereof on the Master Schedules forall ticensure examinetions in accordance with Section. 7(@) of Republic Act No. 8981 "PRO Modernization Aerof 2000", ne amended, ‘S014. Qualifications ofan Applicant forthe Licensure -Exominations,~ An npliant forthe leensuee examination for fod technolgit shall meet the allowing qualifications: (@ Must possess Philippine citizenohip oF ip the case of a foreigner, citizonship of a country or State that has e recpeocity agreement with the Philippines fon the practice of fod technology; (8) Must be of good moral charestor: (© Muet hold a Bacheit« Depoe in Food Technclogs, cunfered by a schol cullog, or university recogaized and ‘uly scerdited by the CHED; and (@ fuss not have ben convicted of an offense involving suoral turpitude by court ofcompetent jurisdiction. ‘ue, 18, Scope of Examination. amination shall cover the flowing subject: () Phyrical, Chemicl, Bilal, and Microbiological Principles: (6) Pod Prosstng, Preservation, and Foed Rngineting (© Quality Sensory Bralution of Foo and (@ Food Laws and Regulations. ‘The Boatd may revise or exclude any of the above ubjecta and add new ones as may be called for by the quirements of the industry and of the profeaion. ‘The licensure ‘0. 16. Ratings in the Esaevination. —To pass the licensure exaiination,# candidate fr food technologist mist btaine passing rating of sovent-fve percent (75%) in exch Uubject given during the examination! Provided, hawecer, ‘Thatan examines who obtain passing rating nthe majority ofthe subjecte but obtaine« rating in the other subject below seventy-five percent (75%) but ot lomer than sixty percent (60%), thall be allowed to take one removal Sxuminetion on the subjects where the passing rating tras not obtained: Provided, finally, That should the raminee fal to obtain a paseing rating in the removel ‘rmination, the examinee shall bo considered as having Tailed the entire liconeure examination ‘00,17, Report of Rating, ~ The Board andthe PRE shal coroct ond rate the lisse exumintion papers aad ‘hal else the examination rele Within ten (10) days from the date of the examination. Spe. 18. Issuance ofthe Certificate of Registration and Profesional Lionas. ~ A ceticae of registration shall be fnoued to exaiinees whe pass the isonsure examination for food technologste subject to payment of feee prescribed by the PRC, The certificate of registration shall bear the signature ofthe Chairperson af the PRC and the teubere ofthe Board, stamped withthe offal wea, sndesting that the person named therain le entitled ta practice the profession with all the privileges appurtenant thereto. ‘This cericate shall remuin in ell fores and effect until revoked or suspended in seanrdancs with thie Act Aprofestona license bearing the reistestion numb, date of issuance, expiry date, duly signed by the ‘Chairporeon of the PRC, sball likewise be leeued to 8 registrant who has poid the required registration fece ‘Thi lisence will serve a5 evidence that the licenses can Inwfully practice the profeesion until the espieation of stealer ‘SEC 10, Refusal to Register. ~ The Beard shall not ropster any succenafl examines who has been convicted bye court of competent juriaditon of ony criminal offenoe involving moral turpitude or bas been found guilty of immoral oF dishonorable conduct after investigation ty the Board, or bse bean declared ts be of unaosnd mind ‘The ronson forthe refusal hal be et forth in wring, 'St0.20, Regsiration Without Examination. ~The PRC shal agus @ cortiicae of registration and profesional ligne t the Chairperson and members ofthe fist Boar ‘of ood Technology and to «person who, om the date ofthe tffetivity of this Act hae passed the cxamsnnton for food technologie given by the Board. The ume privilege ehall be granted to a qualified applicant who shall apply for registration without taking the prescribed eanaure ‘eamination ad who ie holder of « Bachelor's Degree in Food Technology or allied fleldo in Nutetion, Arrioultare, Biochemistry or Molecular Blalogy. Chemisty, Fishery, (Chomicel Engineering, and who hasbeen actively practising ‘the profossion of food technology for «period of a le immediately preceding the effectivity ‘A quuliied applicant shall leche applsston in the {orm presribed fr the purpose not ater than two (2) ea foom the date of the eflecivity of this Ack ‘21. Reweotion or Suaponsion ofthe Certificate of Registration and Cancallotion of Special Permit. Board may, after giving proper aoice of hea party concerned. revake the eertifieate of ‘ance the special permit, or suspend the fechnologist for say unprofesional or unethical conduc, Inalprnctice, or violation of any of the provisions of this [oye rules and regulations she Code of Bthis, end the (Cade of Pachnical Standards for fod techsologiate ‘Sc 32, Reinstatement, Reiseuance or Replacoment of Certificate of Regstrotion ond Profesional License. ~ ‘Two (2) years after the dato of revocation, the Board may, tipon application end for reasons deemed proper and ulbsisnt rinetts any revoked certiete of regiteetion ‘ind rsisaue a professional license, aad in eo doing, ma, fn ita diseretion, exempt the epplicent fom taking ‘other examination A new certificate of registration or professional license or epetil peril, to veplace lost, destroyed or hmutileted one may be iaaued subject to the rules 28 fmplementedby the Board ‘0.38, Roster of Food Technologists, - The Board hall prepare, update, and maintain a roster of food ‘achnologiste which shell contain the name of each regittored food technologist, the residence and clfice fdrestee, the date of zegictration and issuance of Certifionten, and other date_which the Board may deem Pertinent. ‘he roster shall be open to the public, a copy ‘fwhich shall be fursihed to cach przon ited therein, ‘E024, Iesuance of Temporory or Special Permits, ~ Without prejudice to the roquizements of exiting law tn the practice by foreigners inthe Philipines forigaore tay be inued tnipraty a apecil permite to prsctie food fechnclogy inthe Philippines. Provided, That ches shall, be limited to the particular work for which they are Commissioned, Provided, further, That che temporary oF ‘peraite shall be renewed every Yeas. The permite say be laued to (Foreign food scintits or technologiats hired to provide conmltancyssrces inthe Philippines Foreign food asientits or technologists employed xchange profeteors or inatracters in eingnired loos ole, univers, colleges, o instructors t teach Food Science and Technology eubject: and (@) Foreign fond scontsts or technologists sttached to international agencies or orgenizations seritned to Derform certain work in the Philipines relative to the Practice of food technology ‘EC. 25. Ooth. ~All succesful examiness or thove allowed to regater without leensure examination given ty the Board snd the PRC shall be requied to take their athe ofeffcebafors the Board or any member there ‘ay offical of tho PRC or any person authorized by law Hor to the practice of fod technology. ARTICLE Iv Puscrice oF Foob Teenowocy ‘Sb, 28. Continuing Profesional Development (CPD) Program. ~ The CPD guidelines shall be preseeied and ‘promulgated bythe PRC upoa consultation with the Boar, Which shall consult the integrated and APO of food technologist, affiliated aaseeieton of food techaclogits, fd other concerned sector: The Board sll create a CPD Council that shall be compoced of Chairperson coming fos the Board, « member from the APO af fod technalogits, fant a tember fom the academe. Ste. 27. Integration of Food Technologsis. ~All food technologists shall be integrated into one (1) nationel Crgsnization, which shall be reognized by the Board and by the PRC as the one and only integrated and APO of ‘od technologies A food lechasogie duly regiatored with the Board shall automatically become « member of the Integrated end APO af fod technologist, and shall receive the benefite and privileges therta, upon payment of the ‘equived fees end dues. Membership in the integrated and APO shall not be a bar to membership in other ‘esocistions of food technologies ‘360,28, Foreign Reciprocity, — No foreign food Janlogist shall be edited the Hooneuresuamsinatin, for be given a crtiieate of registration and a profesional Tien, or be entitled to any of the privileges onder this ‘Act ualase the ooumtry of which is'a aubyect ov citizen Spesficaliy permita Filipino feod technologists to practise. Within it torritorial mite under the same conditions aan equal Base ae ite owa subjects or liens ‘te, 29, Indiaton of icenae ond Priilge Tax Resi ~The date of lance of the certificate of registration Gnd the date of expiry of the same, the priviloge ene {ecript auuiber, and the professional number of food ‘eehnelogiot thal be indicated or aay document tho food ‘echnoogit sighs or iewes in connection with the practice sfprofeson, 3. 90, Prohibited Acts, — Tt sll be unlawful for ‘any perton to practice or offr to pretioe food technolagy inthe Philippines, or ofl onocalf es food technologist, or use the tle, word, leter, figure, or any ign tending tb convey the itprassion thet one is foo technologit br adverts or iicate in any manner whstecever 66 ualified to perform the work of food technologie, Ainlese the person has satisfactorily pansed the censure ‘Ghamination given by the Board, except as otherwise provided inthis Act, and is «older ofa valid certificate Ur registration and m valid professional License or « Valid tesiporary or epecial permit duly iesued by the Board and the PRC. Likewise, he fllowing acts shall be prohibited (@) Representing of ons's aol wea food technoloiet uring the fine thatthe professional eenae Se not vid tr that the oertifate of registration has been suspended Sr revoked, or Uhat the temporary or special permit 1S cancelled ( Allowing another pereon to use one's certificate of regiteation andlor profesional lense or temporary oF Shesil permit ee foo! technologist to enable tho other ‘erwon to engage in the precioe of fd technology; ani (Using the certificate of registration andior professional license or tomporary or apecil permit of nother fiod technologist. ARTICLE V iva. PROviTONS Seo, 81. Penat Provisions. — Any person who shall violate any of the provisions of tha Actor any of ite IRR. te promulgated by the Board subject to the approval of the DRC shall, upon conviction, be punished by « fine ot aot lose than forty thousand posoe (P40,000.00) but fot more than one bundved fifty. thousand pesos {160.000 0) by imprisonment of not lees than six (©) taontne but not more than four (2) years or both, atthe Ahierotion of the court ‘880, 82, Funding Provision. ~ The Chairperson of the PRO shall include sm the PRC's program the lmaplementation of this At, the Zunding of which shall be inheded ia the anna) General Appropriations Act. ‘tc. 8, Inplenenting Rules'and Regulations. ~ To itaplemont the provisions of thie Act, the Board shall, Nibject to the approval of the PRC, promulgate the pales and regulations and the Code of Ethics for food technologist within thiety (BO) days after the effectivity of this Act Seo, 84, Separabiity Clouse. — If any section ot provision of this Act thall be declared invalid or ‘nconstitutional, ech shall not invalidate any other ction or provision of this Act S00. 85. Repeoling Clause, ~ All laws, decrees onders, imtances, of parte thoreo, which are inconsistent srith the provision of thie Act are hereby reported or ‘modified eoowdingly ‘se, 96. Bfectvity. ~ Thi Act shall take effect fiftoen (15) daye after ite publication in the Official GGaceteor in a newpaper of general circulation ies Rossel « Soe ae ees ‘This Act was pasod by the House of Representatives su Houoe Bill No. 6714 03 December 1, 2017 and adopeed fy the Sonate ab an amendment to Senate Bll No. 1269 fon March 8, 2018 is AIAG Goroano0.Barvo Cesar srt af Sey oe Sone Sereay General oof Rprettes Approved: UN 2 8 2018 wo ioe: Presiden of he Plippnes Ooh arte Presa saan RECORDS OFFICE EES CERTLEIED COPY ae | arr conce face | QUERY

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