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Food Safety under Republic Act 10611

Photo from Unsplash | Walter Otto

 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE

  • Section 4 (n), Article I, R.A. No. 10611 defines food safety as “the assurance that food will not cause harm to the consumer when it is prepared to eaten according to its intended use.
  • 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.
  • Section 9, Article XVI of the 1987 Philippine Constitution 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 regulatory system that ensures a high level of food safety, promotes fair trade and advances the global competitiveness of Philippine foods and food products.

Policy on food safety

 

Republic Act No. 10611 or the Food Safety Act of 2013 recognizes the constitutional policy of the State to protect and promote the right to health of the people and instill health consciousness among them, and to protect consumers from trade malpractices and from substandard or hazardous products.

To this, Section 2, Article I of the law says:

SEC. 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 regulatory system that ensures a high level of food safety, promotes fair trade and advances the global competitiveness of Philippine foods and food products.(Emphasis supplied.)

 

The Food Safety Act mandates operators and owners of food businesses to ensure that food regulations and standards set by the Department of Agriculture, the Department of Health, the Department of Interior and Local Government, and local government units regarding food safety are observed.

 

Objectives of food safety

 

The law seeks to strengthen food safety regulatory system in the country and adopts the following objectives under Section 3, Article I of the law.

 

The law says:

SEC. 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 food-borne and water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods;

(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, fisherfolk, industries, consumers and government personnel in ensuring food safety.

 

Food safety and food safety standards

 

Food safety is the term used to refer 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), Article I, R.A. No. 10611)

 

Food safety standards refer to “the formal documents containing the requirements that foods or food processors have to comply with to safeguard human health. They are implemented by authorities and enforced by law; and are usually developed and published under the auspices of a national standards body.” (Section 4 (ll), Article I, R.A. No. 10611)

 

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 LGUs in the implementation of their responsibilities for the control of food safety risks in the food supply chain.(Section 4 (q), Article I, R.A. No. 10611)

 

Related article: Responsibilities of food business operators on food safety


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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