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Food Safety Awareness (Proclamation No. 160, Series of 1999)

Photo from Unsplash | Jason Briscoe

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:

The last week of October of every year is declared as ‘Food Safety Awareness Week” by virtue of Proclamation No. 160, series of 1999.

Food Safety refers to the assurance that food will not cause harm to consumers when it is prepared or eaten according to its intended use. (Section 4, par. n, R.A. No. 10611)


The State shall protect and promote the right to health of the people and instill health consciousness among them. (Section 15, Article II, 1987 Constitution)

Moreover, the State shall protect consumers from trade malpractices and substandard or hazardous products. (Section 9, Article XVI, 1987 Constitution). Towards this end, 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 food and food products. (Section 2, R.A. No. 10611)

 

Food Safety Requirements

Food Safety refers to the assurance that food will not cause harm to consumes when it is prepared or eaten according to its intended use. (Section 4, par. n, R.A. No. 10611)

Under Republic Act No. 10611 or the Food Safety Act, the following guidelines shall be observed to ensure food safety:

(a) In determining whether food is unsafe, the following shall be considered:

(1) The normal conditions of the use of food by the consumer;

(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 foods.

(b) In determining whether food is injurious to health, regard shall be given to the following:

(1) The probable immediate, short-term or long-term effects on subsequent generations of that food on health;

(2) The probable cumulative effects; and

(3) The particular health sensitivities of a specific category of consumers where the food is intended for that category.

(c) In determining whether food is unfit for human consumption, regard shall be given to the unacceptability of the food according to its intended use due to contamination by extraneous matter or through putrefaction, deterioration or decay;

(d) Where unsafe food is part of a batch, lot or consignment of food of the same class or description, it shall he presumed that all food in that hatch, lot or consignment is also unsafe;

(e) Food that complies with specific national law or regulations governing food safety shall be deemed safe insofar as the aspects covered by national law and regulations are concerned. However, imported food that is declared unsafe by the competent authority of the exporting country after entry into the country shall be withdrawn from the market and distribution channels; and

(f) Compliance of a food product with specific standards applicable to a specific food shall not prohibit the competent authorities to take appropriate measures or to impose restrictions on entry into the market or to require its withdrawal from the market, where there is reason to suspect that such food product shows food safety related risks. (Section 5, R.A. No. 10611)

Proclamation No. 160, Series of 1999 provides that continuous education on food safety is necessary to reduce and ultimately eradicate food poisoning and other foodborne illnesses in the country.

The Proclamation declares:

“NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare the last week of October of every year as “Food Safety Awareness Week” under the auspices of the Food Safety Institute Foundation, Inc. in coordination with the Department of Health.

All officials and employees of local government units and other concerned agencies of the Government are hereby enjoined to actively participate and support the observance thereof.”

 

Read also: Food Safety under Republic Act 10611

 

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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