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Philippine Food Technology Act

Photo from Unsplash | Diana Polekhina

 

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

  • Food technology refers to the application of the physical, biological, and behavioral sciences to the conversion of raw materials into safe, stable, palatable, and nutritious foods. It includes the processes of handling, storage, processing, packaging, distribution, and utilization of food. (Section 3 (b), R.A. No. 11052)


Republic Act No. 11052 or the Philippine Food Technology Act was signed into law on June 29, 2018. The law aims to develop an effective regulatory system for the practice of food technology in the country.

In the enactment of the Philippine Food Technology Act, the state recognizes the importance of professional food technologists in nation-building and development. Hence, it shall develop and nurture competent, virtuous, productive, and well-rounded professional food technologists whose standards of practice shall be excellent, world class, and globally competitive through honest, effective, relevant and credible licensure examinations and through regulatory programs, measures, and activities that foster their professional growth, social responsibility, and development. (Section 2, R.A. No. 11052)

 

The practice of food technology

Section 4 of the Philippine Food Technology Act provides for the scope of the practice of food technology.

The law says:

Section 4. The Scope of the Practice of Food Technology. – The practice of Food Technology shall include the following:

a) Identification of the appropriate specifications of raw materials and supervision over their procurement;

b) Supervision of food processing operations;

c) Evaluation of the microbiological, physical, chemical, sensory, and functional properties of food;

d) Certification of the analysis of microbiological, physical, chemical, sensory, and functional properties of food;

e) Technical transactions (e.g. sale, trading) of food, food ingredients and additives, and machineries, equipment, and implements used in safe and quality food production and distribution;

f)     Conduct of basic and applied research towards development and/or improvement of the safety and quality of food products;

g) Teaching, lecturing, and reviewing of professional subject in the curriculum of the Bachelor of Science in Food Technology degree or subject in the food technology licensure examination given in any college, university, or training or review center, or any other educational institution or certification body;

h) Compliance with food laws and regulations in manufacturing and distribution of foods in the local and international market;

i)       Implementation of quality management systems (food safety, laboratory management, quality requirements and quality audit);

j)       Provision of assistance in waste management for environmental safety;

k) Consultation work related to any or all of the above functions; and

l)       Procurement of chemicals, reagents, equipment, apparatus, and other materials for the conduct of food analysis, research and development.

 

The food technology profession

Upon the enactment of Republic Act No. 11052, or the Philippine Food Technology Act, Food Technology has become a part of the professions regulated by the Philippine Regulatory Commission. Under the law, the newly created Board of Food Technology is tasked to promulgate, administer, and enforce rules and regulations as well as supervise and regulate the registration, licensure and practice of food technology in the country.

The law says:

Section 5. Creation of the Professional Regulatory Board of Food Technology. – There is hereby created a Professional Regulatory Board of Food Technology, hereinafter called the Board, under the administrative supervision of the PRC. xxx” (Section 5, R.A. No. 11052)

Section 6. Powers and Functions of the Board. – The Board shall exercise the following powers and functions:

a) Promulgate, administer, and enforce rules and regulations necessary for carrying out the provisions of this Act;

b) Supervise and regulate the registration, licensure, and practice of food technology in the Philippines;

c) Issue special permits to persons admitted to the practice of food technology for a specific duration of time, and certificates of recognition for advanced studies, researches and accomplishments that contribute to the enrichment of the profession;

d) Issue, reinstate, suspend, or revoke the certificate of registration and/or professional license or cancel special permits for the practice of food technology;

e) Ensure, in coordination with the Commission on Higher Education (CHED), that all educational institutions offering food technology education comply with the policies, standards, and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities;

f)     Prepare, adopt, and issue the syllabi of the subjects for examinations by determining and preparing the questions which shall strictly be within the scope of the syllabus of the subject for examination;

g) Adopt a program for the full computerization of the licensure examination;

h) Prescribe guidelines and criteria in the Continuing Professional Development (CPD) program for food technologists;

i)       Monitor the conditions affecting the practice of food technology and adopt such measures as may be deemed proper for the enhancement of the profession and the maintenance of high professional, ethical, and technical standards;

j)       Prescribe and adopt, a Code of Ethics and a Code of Technical Standards for the practice of food technology;

k) Hear and investigate cases on violations of this Act, its implementing rules and regulations (IRR), the Code of Ethics, the Code of Good Governance, the Code of Technical Standards for the practice of food technology and for this purpose, to issue summons, subpoena ad testificandum, and subpoena duces tecum to alleged violators and witnesses to compel their attendance in hearings or investigations: Provided, That the decision of the Board shall, unless appealed to the PRC, become final and executory after fifteen (15) days from receipt thereof;

l)       Grant registration without examination subject to approval by the PRC;

m)   Administer oaths in connection with the administration of this Act;

n) Maintain a roster of food technologists indicating therein the basic information about the registered professionals;

o) Adopt an official seal of the Board; and

p) Discharge such other powers and functions as the Board may deem necessary for the practice of the profession and the upgrading, enhancement, development, and growth of food technology profession in the Philippines.

The policies, resolutions, rules and regulations, orders or decisions issued or promulgated by the Board shall be subject to the review and approval of the PRC.” (Section 6, R.A. No. 11052)

 

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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