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Laws Governing Food Safety

Republic Act 10611 (RA No. 10611) is a consolidation of Senate Bill No. 3311 and House Bill No. 6474 that was
passed by the Senate and the House of Representatives on 05 June 2013, signed by then President Benigno
Aquino III on 23 August of the same year. The Implementing Rules and Regulations (IRR) was released by the
Department of Agriculture (DA) and the Department of Health (DOH) on 20 February 2015.
Republic Act 10611 is an act to strengthen the food safety regulatory system in the Philippines to protect
consumer health and facilitate market access of local food and food products, and for other purposes. It is
otherwise known as the Food Safety Act of 2013.
Implementing Rules and Regulations (IRR) of RA No. 10611 (selected articles, sections, and rules only)
Article 1 – Declaration of Policy and Objectives
Section 2. Declaration of Policy
Section 15, Article II of the 1987 Philippine Constitution declares that the State shall protect and promote the
right to health of the people and instill health consciousness among them. Furthermore, Section 9, Article XVI
provides that the State shall protect consumers from trade malpractices and from substandard or hazardous
products. Toward these ends, the State shall maintain a farm to fork food safety system that ensures a high
level of food safety, promotes fair trade, and advances the global competitiveness of Philippine food and food
products.
Section 3. Objectives
To strengthen the food safety regulatory system in the country, the State shall adopt the following specific
objectives:
(a) Protect the public from foodborne and waterborne illnesses and unsanitary, unwholesome,
misbranded, or adulterated food;
(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.
Towards the attainment of these objectives, the following measures shall be implemented.
(1) Delineate and link the mandates and responsibilities of the government agencies involved;
(2) Provide a mechanism for coordination and accountability in the implementation of regulatory
functions;
(3) Establish policies and programs for addressing food safety hazards and developing appropriate
standards and control measures;
(4) Strengthen the scientific basis of the regulatory system; and
(5) Upgrade the capability of farmers, fisherfolks (fishermen), industries, consumers, and government
personnel in ensuring food safety.
Article 2 – Definition of Terms
Section 4. Definition of Terms
For the purpose of this Act, the following terms (selected only) shall be defined as follows:
(a) Adulteration refers to an act which leads to the production of food which:
(1) Bears or contains any poisonous or deleterious substance that may render it injurious to the
health of the public;
(2) Bears or contains any added poisonous or deleterious substance in amounts exceeding
established maximum limits or standards for good manufacturing practice;
(3) Contains in whole or in part filthy, putrid, or decomposed substance that is unfit for human
consumption;

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(4) Has been prepared, packed, or held under unsanitary conditions;

(5) In whole or in part, is the product of a diseased animal or an animal which has died through
ways other than slaughter;
(6) Is in a container having in whole or in part any poisonous or deleterious substance;
(7) Has been intentionally subjected to radiation unless the use of radiation is in conformity with
an existing regulation or exemption;
(8) Has not been prepared in accordance with the current acceptable manufacturing practice as
promulgated by way of regulation; and
(9) Uses expired ingredients.
(b) Food business operator (FBO) refers to a person engaged in the food business including one’s agents
and is responsible for ensuring that the requirements of this Act are met by the food business under
one’s control.
(c) Food law refers to the laws, regulations and administrative provisions governing food in general,
donated food and food safety at any stage of production, processing, distribution, and preparation for
human consumption.
(d) 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.
(e) Food safety regulatory agencies (FSRAs) refer to the following national government agencies:
Under the Department of Agriculture (DA) – the Bureau of Animal Industry (BAI), the National Meat
Inspection Service (NMIS), the Bureau of Fisheries and Aquatic Resources (BFAR), the Bureau of Plant
Industry (BPI), the Fertilizer and Pesticide Authority (FPA), the Philippine Coconut Authority (PCA), the
Sugar Regulatory Administration (SRA) and the National Food Authority (NFA).
Under the Department of Health (DOH) – the Food and Drug Administration (FDA), the Center for Food
Regulation and Research (CFRR) and the Bureau of Quarantine (BOQ).
(f) Food safety regulatory system refers to the combination of regulations, food safety standards,
inspection, testing, data collection, monitoring and other activities carried out by food safety
regulatory agencies 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.
(g) Hazard Analysis and Critical Control Points (HACCP) refers to a science-based system which identifies,
evaluates and controls hazards which are significant for food safety at critical points during a given
stage in the food supply chain.
(h) Hazard refers to a biological, chemical, or physical agent in food with a potential to cause adverse
effect on health.
(i) Risk refers to the likelihood of an adverse health effect and the severity of this effect following
exposure to a hazard.
(j) Risk analysis refers to a process consisting of three (3) interrelated components: risk assessment, risk
management, and risk communication.
(k) Risk assessment refers to the scientific evaluation of known or potential adverse health effects
resulting from human exposure to biological, chemical, and physical hazards.
(l) Risk management refers to the process of weighing policy alternatives to accept, minimize, or reduce
assessed risks and if necessary, to select and implement appropriate prevention and control measures.
(m) Risk communication refers to the interactive exchange of information and opinions during the course
of risk analysis on the hazards and risks among risk assessors, risk managers, consumers, food and
feed business operators, academia and other stakeholders.

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4.1 Other terms used in these Implementing Rules and Regulations (IRR) are defined as follows:
4.1a Labelling includes any written, printed, graphic matter that is present on the label, accompanies the
food, or is displayed near the food, including that for the purpose of promoting its sale or disposal.
4.1b Recall means actions taken to remove a product from a market.
4.1c Risk-Based Inspection refers to inspection focused on risk factors (i.e., those that may cause
foodborne disease in consumers if left uncontrolled) to determine the adequacy of a food business
operator’s quality and safety management.
4.1d Risk Management Plan as required by the FDA, means a set of food product vigilance activities and
interventions designed to identify, characterize, prevent or minimize risks relating to food products, and
the assessment of effectiveness of those interventions.
Article 3 – Basic Principles of Food Safety
Section 5. Food Safety Requirements
Rule 5.1 Food safety requirements shall guide decision-making on potential adverse health effects that may
occur from the consumption of the food and the need to identify risk management options.
Rule 5.2 The food business operator and the regulatory agency shall take the necessary steps to be
knowledgeable of the conditions under which food could become unsafe or injurious to health.
(a) In determining whether the food is unsafe, the following shall be considered:
(1) The normal conditions of the use of food by the consumer;
Rule 5a.1. Food shall be presented in accordance with their intended use as provided for in the
specific guidelines developed and determined by the FSRA.
(2) The normal conditions maintained at each stage of primary production, processing, handling,
storage, and distribution;
(3) The health of plants and animals from where the food is derived;
(4) The effect of feeds, crop protection chemicals and other production inputs on otherwise healthy
plants and animals; and
(5) The information provided to the consumer. This includes the information provided on the label or
any information generally available to the consumer. This should aid consumers in avoiding
specific health effects from a particular food or category of food.
Rule 5a.2. All information provided to consumers on food and its preparation, such as during
cooking demonstrations, cooking shows, fresh and processed food product launching and other
similar activities, shall observe the requirements for hygienic food handling and other practices
for safe food preparation.
Article IV – General Principles
Section 6. Food Law Objectives. Food law shall aim for a high level of food safety, protection of human life
and health in the production and consumption of food. It shall also aim for the protection of consumer
interests through fair practices in the food trade.
Section 8. Protection of Consumer Interests
The protection of consumer interest shall be geared towards the following:
(a) Prevention of adulteration, misbranding, fraudulent practices and other practices which mislead the
consumer, and
(b) 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

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information which is made available about them through whatever medium. Where relevant, the
presentation of goods shall provide consumers a basis to make informed choices in relation to the
food they purchased.
Section 9. Setting of Food Safety Standards
The DA and the DOH shall set the mandatory food safety standards. The following shall guide the setting of
the standards:
(a) Standards shall be established on the basis of science, risk analysis, scientific advice from expert
body/bodies, standards of other countries, existing Philippine National Standards (PNS) and the
standards of the Codex Alimentarius Commission (Codex), where these exist and are applicable;
(b) Codex standards shall be adopted except when these are in conflict with what is necessary to protect
consumers and scientific justification exists for the action taken;
(c) The DA and the DOH shall establish the policies and procedures for country participation at Codex and
the incorporation of Codex standards into national regulations; and
(d) Participation at Codex shall be in accordance with the principles of RA 10611 and shall be financially
supported by the government.
Article V – Responsibilities on Food Safety
Section 13. Principal Responsibility of Food Business Operators
Food business operators shall ensure that food satisfies the requirements of food law and that control systems
are in place to prevent, eliminate, or reduce risks to consumers.
Rule 13.1 FBOs shall be primarily responsible for ensuring safety of their food products and compliance of their
production and distribution/trading systems to the requirement of the Act.
Rule 13.2 FBOs shall ensure that the food products they produce are prepared according to standards, codes
of practice and other control measures as prescribed by the FSRAs that prevent or minimize food safety
hazards or reduce the hazards to acceptable levels.
Rule 13.3 Farmers and fisherfolks as well as FBOs in small and micro industries shall be assisted by the DA and
DOH in coordination with the LGUs to implement the standards and codes of practice.
Rule 13.4 FBOs in the primary production and postharvest stages, processed and prepackaged sector of the
food supply chain shall be encouraged to implement a HACCP-based approach or an equivalent food safety
program in their operations.
Rule 13.5 When required by markets, FBOs shall implement a HACCP-based system or an equivalent food
safety program in their operations.
Section 15. Principal Responsibilities of Government Agencies
The DA, the DOH, the Department of the Interior and LocalGovernment (DILG) and the LGUs shall have the
following responsibilities:
(a) The DA shall be responsible for food safety in the primary production and post-harvest stages of food
supply chain and food locally produced or imported in this category;
(b) The DOH shall be responsible for the safety of processed and prepackaged food, food locally produced
or imported under this category and the conduct of monitoring and epidemiological studies on
foodborne illnesses;
(c) The LGUs shall be responsible for food safety in food businesses such as, but not limited to, activities
in slaughterhouses, dressing plants, fish ports, wet markets, supermarkets, school canteens,
restaurants, catering establishments, and water refilling stations. The LGU shall also be responsible
for street food sale, including ambulant vending; and

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(d) The DILG, in collaboration with the DA, the DOH and other government agencies shall supervise the
enforcement of food safety and sanitary rules and regulations as well as the inspection and compliance
of business establishments and facilities within its territorial jurisdiction.
Code on Sanitation of the Philippines
The Code on Sanitation of the Philippines is also known as the Presidential Decree No. 856 (PD No. 856). The
promulgation of the Code on Sanitation on December 23, 1975 by His Excellency, former President Ferdinand
E. Marcos, is a significant landmark in the history of the country’s health and sanitation efforts. This Code on
Sanitation has for its ultimate objective the improvement of the way of the Filipinos by directing public health
services towards the protection and promotion of the health of the people.
Presidential Decree No. 856 (selected chapters and sections only)
Chapter II – Water Supply
Section 9. Prescribed Standards and Procedures. Standards for drinking water and their bacteriological and
chemical examinations, together with the evaluation of results, shall conform to the criteria set by the National
Drinking Water Standards (NDWS). The treatment of water to render it safe for drinking, and the disinfection
of contaminated water sources together with their distribution systems shall be in accordance with
procedures prescribed by the DOH.
Section 10. Jurisdiction of the Department. The approval of the Secretary of DOH or that of his duly authorized
representative is required in the following cases:
a. Sites of water sources before their construction;
b. Delivery of water to consumers from new or recently repaired water systems;
c. Operation of a water system after an order of closure was issued by the Department;
d. Plans and specifications of water systems of subdivisions and projects prior to the construction of
housing units thereat; and
e. Certification of potability (suitability for drinking/consumption) of drinking water.
Chapter III – Food Establishments
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 provision means an
establishment where food or drinks are manufactured, processed, stored, sold, or served.
b. Every Sanitary Permit shall be posted in a conspicuous (visible) place of the establishment.
c. Every city or municipality shall keep a record of all establishments in respect of which permits have
been issued and of all permit certificate and renewals thereof.
Section 15. Health Certificates. No person shall be employed in any food establishment without a health
certificate issued by the local health authority. This certificate shall be issued only after the required physical
and medical examinations are performed and immunizations are administered at prescribed intervals.
Section 16. Quality and Protection of Food. All food must be obtained from sources approved by the local
health authority. In this regard, the following requirements are applicable:
a. Meats, meat products and fish shall be procured from sources under sanitary or veterinary
supervision.
b. All meats and fish shall be properly cooked before serving.
c. No meat products, fish, vegetables, and other food sources shall be procured from sources or areas
known to have been affected by radioactivity as for example, areas contaminated with a very large
amount of radioactive fallout.

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d. Milk and fluid products shall be obtained from sources approved by the local health authority. Milk
obtained from other sources must be sterilized, pasteurized or otherwise, heated.
e. Milk shall be stored in a refrigerator. Canned or packaged milk, other than dry milk powders, shall be
refrigerated after the container has been opened.
f. All perishable and potentially hazardous food shall be stored at 45°F (7°C) or below.
g. Cooked food intended to be served hot shall be kept at a temperature not lower than 140°F (60°C).
h. Raw fruits and vegetables shall be thoroughly washed before they are used.
Section 30. Food Servicing Operations. These operations should be in accordance with the following
requirements:
a. Hand contacts with food or drink shall be avoided; fingers shall not be used to serve butter, ice, or
similar items of food. Sugar shall be served in covered dispensers or containers, or in packages
wrapped for single service.
b. Disposable cups, plates, spoons, and other single-service containers and utensils shall be purchased in
sanitary cartons and stored in a clean, dry place until used. These articles shall be so handled on
removal from the carton that the hand does not touch the surface which will be in contact with food
or drink.
c. Clean clothes, napkins, spoons, towels, and other cloth equipment shall be stored in clean places
designated specifically for them. Soiled linens, including towels, aprons, and coats, shall be stored in
a closed bin or locker, suitably marked.
d. Spoons, spatulas, dippers and scoops used intermittently for dispensing frozen desserts shall be kept
in running water or in water maintained at 170°F (77°C) and frequently changed, or they may be
washed and stored in a dry place after each use. Constant temperature bottles and other containers
used for potable water and other beverages shall be kept clean and given effective bactericidal
treatment before and after subsequent use.
Chapter XIV – Hotels, Motels and Apartments, Lodging, Boarding, or Tenement Houses and Condominiums
Section 64. General Provisions. The following are required:
a. No establishment shall be operated and opened for public patronage without a sanitary permit issued
by the Secretary of DOH or his duly authorized representative.
b. All establishments shall provide their patrons with adequate water supply, toilet and facilities in
accordance with standards prescribed in the Code.
c. Establishments and their premises shall be kept clean and sanitary at all times.
d. Periodic insect and vermin control measures shall be undertaken to eradicate vectors of diseases.
e. Animals, fowls, and pets shall be housed in appropriate kennels or cages separate from living quarters.
f. No person shall be employed in establishments without first procuring a health certificate from the
local authority.
Section 65. Special Provisions. The following provisions are applicable:
a. Hotels and Motels.
1. The storage, preparation, and serving of food to customers shall be in accordance with the
standards prescribed in Chapter III of this Code.
2. Customers shall be provided with clean linen such as bed sheets, pillow cases, towels, and
napkins.
3. When rooms or cabins are vacated, their toilets or baths shall be cleaned and sanitized, and
fresh/new linen shall be provided before the room or cabin is rented again for occupancy.

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Chapter XV – Port, Airport, Vessel and Aircraft Sanitation

Section 66. Port and Airport Sanitation. In ports and airports, the following sanitary requirements shall be
applied:
a. Every port and airport shall be provided with potable drinking water and wholesome food supplied
from sources approved by the Secretary of DOH or his duly authorized representative.
b. The drinking water and food shall be stored and handled in a manner to ensure their protection against
contamination.
c. There shall be available to as many ports and airports as practicable organized medical and health
services with adequate staff, equipment and facilities for the prompt isolation and care of infected
persons, disinfections, laboratory examination, collection, and examination of rodents and plague
infection, collection of water and food samples for examination.
d. The local health authority for each port and airport shall take all practicable measures to keep port
and airport installation free of rodents.
e. In ports and airports of entry, facilities shall be provided for immunizations required in international
travel.
f. Every port of entry and the area within the perimeter of an airport of entry shall be kept free from
mosquito vectors of malaria and other diseases of epidemiological significance.
National Agencies on Food Safety
The Department of Agriculture (DA) shall be responsible for the development and enforcement of food safety
standards and regulations for food in the primary production and postharvest stages of the food supply chain.
The agencies under the DA with food safety regulatory functions are the following:
• The Bureau of Animal Industry (BAI), for food derived from animals, including eggs and honey production;
• The National Dairy Authority (NDA), for milk production and postharvest handling;
• The National Meat Inspection Service (NMIS), for meats;
• The Bureau of Fisheries and Aquatic Resources (BFAR), for fresh fish and other seafood including those
grown by aquaculture;
• The Bureau of Plant Industry (BPI), for plant food;
• The Fertilizer and Pesticide Authority (FPA), for pesticides and fertilizers used in the production of plant
and animal food;
• The Philippine Coconut Authority (PCA), for fresh coconut;
• The Sugar Regulatory Administration (SRA), for sugar cane production and marketing; and
• The National Food Authority (NFA), for rice, corn, and other grains.
The Department of Health (DOH) shall ensure the safety of all food processing and product packaging activities.
• The DOH through the Food and Drug Administration (FDA) shall be responsible for the overall regulation
of all activities pertaining to processed food (prepackaged or not) including, but not limited to, inspection,
licensing, registration, post-market monitoring, and laboratory analysis. It shall regulate the manufacture,
importation, exportation, distribution, sale, offer for sale, transfer, promotion, advertisement,
sponsorship of, and/or, where appropriate, the use and testing of all processed and prepackaged food
products and food supplements/dietary supplements.
• The FDA’s Center for Food Regulation and Research (CFRR) shall implement the official controls for
verifying that processed and prepackaged food meets regulatory requirements for consumer health,
consumer protection, and trade. The CFRR shall be responsible for implementing a performance-based
food safety control management system which shall include, but not limited to, the following:
o Development of food standards and regulations
o Post-market monitoring

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o Enforcement of HACCP and other risk-based control measures

o Strong participation in Codex and other international standard setting bodies
o Communication of risks and development of interactive exchange among stakeholders
o Establishment of laboratories for food safety and strengthening the capabilities of existing
laboratories
o Development of a database of food safety hazards and foodborne illness from epidemiological
data
o Strengthening Research and Development (R&D) capabilities on product safety and quality
standards
o Certification of food safety inspectors
• The Bureau of Quarantine (BOQ) shall provide sanitation and ensure food safety in its area of
responsibility in both domestic and international ports and airports of entry, including in-flight catering,
foodservice establishments, sea vessels and aircraft, as provided for in the implementing rules and
regulations (IRR) of Republic Act No. 9271 and Presidential Decree No. 856.

Note: Given items in this handout are not the exact number or letter provisions lifted from the references below, with the exception of
the article, section, rule, and chapter headings. If opted to see full versions of the discussed provisions in this handout, please refer to
the references below.

References:
Department of Agriculture (DA) and Department of Health (DOH) (2015). Food Safety Act of 2013. Manila, PH:
Department of Health.
UNICEF (1998). The Code on Sanitation of the Philippines: Presidential Decree No. 856. Manila, PH: Department
of Health.

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