Republic of the Philippines
Province of Davao de Oro
MUNICIPALITY OF PANTUKAN
OFFICE OF THE SANGGUNIANG BAYAN
MUNICIPAL ORDINANCE NO. ______
“AN ORDINANCE REGULATING THE OPERATION OF PEDDLING ACTIVITIES IN
PANTUKAN MUNICIPAL PUBLIC MARKET AND PEDDLING/HAWKING WITHIN THE
TERRITORIAL JURISDICTION OF THE MUNICIPALITY OF PANTUKAN, IMPOSING
PENALTIES TO VIOLATORS HEREOF AND FOR SOME OTHER PURPOSES”
WHEREAS, peddling, specifically of aqua-marine and agricultural products has
become rampant in the municipality;
WHEREAS, there is a need to regulate the above-mentioned activities as a
preventive measure in the spread of diseases as well as to protect the legitimate vendors
at the public market who pay regulatory fees and charges and rent of their market stalls;
WHEREAS, Chapter II Sec. 16 of R.A. 7160 or the Local Government Code of the
Philippines declares that every local government unit shall exercise the powers expressly
granted, those necessarily implied there from, as well as powers necessary, appropriate,
or incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare;
WHEREAS, there is an urgent need to protect the legitimate peddlers or hawkers
from being deprived of their source of livelihood, as well as the rights of consumers and
citizen to a clean and safe food commodities;
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF
PANTUKAN IN SESSION ASSEMBLED:
ARTICLE I –
GENERAL PROVISIONS
Section 1. TITLE – This ordinance shall be known as “AN ORDINANCE REGULATING
THE OPERATION OF PEDDLING ACTIVITIES IN PANTUKAN MUNICIPAL PUBLIC
MARKET AND PEDDLING/HAWKING WITHIN THE TERRITORIAL JURISDICTION OF
THE MUNICIPALITY OF PANTUKAN, IMPOSING PENALTIES TO VIOLATORS
HEREOF AND FOR SOME OTHER PURPOSES”.
Section 2. SCOPE OF THE ORDINANCE – This ordinance shall cover all peddlers
operating in Pantukan Municipal Public Market and Peddlers/Hawkers operating within the
territorial jurisdiction of the Municipality of Pantukan.
Section 3. DEFINITION OF TERMS – As used in this ordinance:
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1. AMBULANT VENDOR – a vendor who does not permanently occupy a definite
place or stall in the public market but who comes either daily or occasionally to sell
within the market premises.
2. AQUATIC RESOURCES – includes fresh and marine water fish, all other aquatic
flora and fauna and other living resources of the aquatic environment.
3. HAWKER – an ambulant vendor who sells his goods or merchandise that can be
transported outside the premises of public market usually on sidewalks, streets,
thoroughfares, government lot and other public spaces.
4. PEDDLER – an ambulant vendor who travels around and approach potential
costumer to sell his goods and carries items in his own head or back, on foot or
aboard a vehicle.
5. PEDDLING – selling, whether on foot or aboard a vehicle, to the consuming public
along the municipal streets or in any point of the municipality, aquatic resources
and its by-products such as but not limited to fish (fresh, dried or salted),
agricultural products such as but not limited to fruits, vegetables and/or spices,
eggs and meat products.
6. STREET FOOD TRADE – any form of food trades utilizing stall, movable stand,
mobile food shop, food cart, table or similar structures which is non-permanent in
nature and which are generally categorized as movable, rolling and walking food
trade used as eating place for the sale of food or for the storage, display, exhibition
or exposure of food for retail.
7. WARIK-WARIK VENDOR – local term referring to peddlers or hawkers who sells
aquatic-resources and agricultural products.
ARTICLE II –
REGULATION OF PEDDLERS OPERATING IN PANTUKAN PUBLIC MARKET
Section 1. ALLOWED PEDDLING ACTIVITIES IN PANTUKAN PUBLIC MARKET-
Except for relocated warik-warik vendors/peddlers prior to the effectivity of this ordinance,
only street food trade shall be allowed in Pantukan Public Market.
The tenure of the relocated warik-warik vendors/peddlers in the public market shall
be determined by the Market Committee or other committee created for such purpose.
Section 2. APPROVAL, PERMITS AND FEES.
a. It shall be unlawful for any person or entity to operate or conduct a street food trade
without first securing a Street Food Trade Permit (SFTP) from the Business Permit
and Licensing Office of the municipality. This permit shall be issued to any
applicant upon compliance with the following requirements:
1. Barangay Clearance
2. Sanitary Permit Inspection of Municipal Health Office
3. Payment of Business Permit Fee.
b. The Street Food Trade Permit shall be valid for one year from the date of issuance
and shall be renewed every year upon compliance with the requirements listed in
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Section 2a. Such permit maybe suspended by the Local Health Authority upon
recommendation by the Municipal Health Officer.
c. The business Permit Fee which shall be collected prior to the issuance of STREET
FOOD TRADE PERMIT shall be composed of the following:
1. Sanitation Fee
2. Garbage Collection Fee
3. Permit Fee
d. The Management of the Pantukan Public Market shall collect daily space rental fee
as provided by the Municipal Tax ordinance or other related ordinance.
Section 3. HEALTH CERTIFICATE -
a. All Street Food Vendors (SFV) shall process an up-to-date health certificate issued
by the sanitation section of the Municipal Health Office. The health certificate shall
be valid for one (1) year from the date of issue. It must be renewed every year or
more often as maybe required by the Municipal Health Officer for valid health and
safety reasons.
b. The Health Certificate of Street Food Vendors (SFV) shall at all times, while
engaged in their work, be clipped on the upper left front portion of their garment for
identification.
Section 4. DESIGNATION OF STREET FOOD VENDING AREA.
a. The Location of the Designated Street Food Trade Area (DSFTA) shall be as
recommended by the Management of Pantukan Public Market upon the approval of
LCE.
b. Designated food vending area shall be at least 25 meters away from any source of
contamination.
c. No Street Vending Area (SFVA) shall be allowed in the following locations unless
recommended by the Food Safety Inspection Team and approved by the Local
Chief Executive.
1. Within 5 meters of street junction/intersections.
2. On Streets Adjacent to Market
3. Within 5 meters on either side of a fire hydrants.
4. On stairways
5. Adjacent immediately in front of food establishments with legal business
permit.
6. Over manhole or drainage canals.
7. On Driveways and entryways to Public buildings and places such as
hospitals, fire stations, etc.
Section 5. STREET FOOD VENDORS/PEDDLERS.
a. When a Street Food Vendor/Peddler is found to have or is infected with a
communicable disease as determined by the Municipal Health Officer or by the
medical officer, he/she shall not be allowed to work in STREET FOOD TRADE in
any capacity and his/her health certificate shall be temporarily suspended until
cleared by the MHO or MO.
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b. All Street Food Vendors/Peddlers shall not eat or smoke while engaged in their
work.
c. All Street Food Vendors/Peddlers shall maintain high degree of personal
cleanliness and hygiene during their work.
d. All Street Food Vendors/Peddlers shall be required to attend a Food Handlers
Class/Food Safety Training conducted by Municipal Health Office before issuance
of Food Handler’s training certificate. Such certificate shall be valid for three years
and can be renewed by attending a refresher food handler’s class/food safety
training from Municipal Health Office.
e. All Street Food Vendors/Peddlers shall adhere to the policy imposed by the Market
Management.
Section 6. PRESCRIBED STANDARDS OF CONSTRUCTION
a. The design and construction of Street Food Trade Facility shall be of adequate size
and shape so as to allow smooth and convenient movement of the Street Food
Vendors and to allow sanitary display and storage of food products.
b. The Materials to be used for the construction of Street Food Trade Facility shall be
durable and can be easily cleaned especially the areas that come in contact with
food or food products.
c. Foods displayed in the Street Food Trade Facility, especially cooked or processed
food that are not packaged shall be properly encased by as much as possible glass
casing in order to prevent contamination with dust or contact with insects.
d. Tables, chairs and stools may be allowed in or near Street Food Trade Facility as
long as they do not impede the movement of the pedestrian and/or vehicles. The
space occupied by the tables and chairs shall be included in the computation of
occupied space which shall be the basis for the payment of space rental fee.
Section 7. TECHNICAL WORKING GROUP AND FOOD SAFETY INSPECTION TEAM
A1. There is hereby created a Technical Working Group (TWG) composed of the
following:
Municipal Health Officer - Chairperson
and the following as members:
Sanitary Inspector
Representative from DOST
SB Chair on Health
SB Chair on Trade and Industry
SB Chair on Agriculture
MENRO
BPLO
Municipal Tourism Officer
Municipal Economic Enterprise Head
The TWG shall perform the following functions:
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1. Act as recommending body in the regulation of street food trade within the
municipality.
2. Conduct inventory of street food and street food vendors within the municipality.
3. Assist in the formation of street food vendor’s association and cooperative;
4. Recommend companies/organization or cooperatives that can supply adequate
and safe raw materials for Street Food Trade products.
5. Recommend design and mechanics of the fabrication and distribution of vending
carts.
6. Recommend for the provision of financial assistance for projects and activities
that promote food safety in street food trade.
7. Identify and recommend location/areas that can be designated as Street Food
Trade vending area/s.
8. Coordinate with other local government units or other agencies on the regulation
of street food vendors coming from other municipalities.
A2. Food Safety Inspection Team-There is hereby created a Food Safety
Inspection Team composed of the following:
Municipal Health Officer of his or her representative as the Team Leader
Sanitary Inspector
Representative from DOST
MENRO
Municipal Treasurer
Municipal Economic Enterprise Head
The Team shall perform the following functions:
1. Conduct food safety training for street food vendors through the Food Handler’s
Class being conducted by the Municipal Health Office.
2. Create, reproduce and distribute food safety educational materials.
3. Conduct regular inspection of street food trade facilities and vendors.
4. Conduct regular bacteriological examination of water/food and food products
being sold or offered by Street Food Vendors or the Street Food Trade facility.
5. Recommend sanction/penalty/closure or temporary cancellation of Street Food
Trade Permits or Street Food Vendors health certificates upon violation or non-compliance
of health and sanitary regulations by Street Food Trade owners and/or vendors.
ARTICLE III –
REGULATION OF PEDDLERS/HAWKERS OPERATING OUTSIDE PANTUKAN
PUBLIC MARKET BUT WITHIN THE TERRITORIAL JURISDICTION OF
MUNICIPALITY OF PANTUKAN
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SECTION 123. APPLICABILITY CLAUSE. Any resolution, rules/regulations,
ordinance or law consistent with this ordinance/code, shall continue to be in full force and
effect.
SECTION 124. SEPARABILITY CLAUSE. If for any reasons, part or provisions of
this Code shall be held to be unconstitutional or invalid, other parts or provisions hereof
which are not affected shall continue to be in full force and effect.
SECTION 125. REPEALING CLAUSE. All existing ordinances relative or covering
the herein economic enterprise of the Municipality prior to the enactment of this Code and
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other resolutions, and rules/regulations or parts thereof, inconsistent herewith are hereby
repealed or modified accordingly.
SECTION 126. EFFECTIVITY CLAUSE. This Code shall take effect fifteen (15)
days after it has been posted in conspicuous places in the Municipality of Pantukan,
Province of Davao Oriental.
CARRIED, Unanimously.
ENACTED AND PASSED this___ day of ___________.
I HEREBY CERTIFY to the correctness of the foregoing ordinance.
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