Published — January 14, 2021
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 your own lawyer to address your legal concerns, if 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.
More on food business: REPONSIBILITIES OF FOOD BUSINESS OPERATORS ON FOOD SAFETY
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Consumers are to be protected from food-borne and water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods
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Inspection is the examination of food, food production facilities or establishments
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Establishments producing high risk foods or carrying out high risk activities are to be inspected more frequently
Man does not live by bread alone. Many prefer self-respect to food. – Mahatma Gandhi
In our previous article, we have mentioned that there is a law that governs food safety which is Republic Act No. 10611, otherwise known as the “Food Safety Act of 2013.” Other than establishing the principal and specific responsibilities of food business operators, the government was also mandated to conduct inspection on the food business operators.
What is an Inspection?
The law says:
Inspection refers to the examination of food, food production facilities or establishments, and the management and production systems of food businesses, including examination of documents, finished product testing and registration, and of the origin destination of production inputs and outputs to verify compliance with legal requirements by an agency mandated to perform food safety regulatory and/or enforcement functions.
The inspection is basically one among the steps in protecting the consumers from food-borne and water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods. Food-borne illnesses refer to diseases, usually either infectious or toxic in nature, caused by agents that enter the body through the ingestion of food.
What is the frequency of inspection?
The law says:
Regular inspection of food business operators shall be performed by the Food Safety Regulatory Agencies (FSRAs) or the control bodies delegated to conduct the activity. The FSRAs may be the Department of Agriculture (DA) or the Department of Health (DOH). In addition, the following rules shall be followed in the conduct of inspections:
- Inspection shall take place into account compliance with mandatory food safety standards, the implementation of Hazard Analyses at Critical Control Points (HACCP), good manufacturing practices and other requirements of regulations;
- The frequency of inspections shall be based on the assessment of risks. Establishments producing high risks foods or carrying out high risk activities shall be inspected more frequently;
- Inspectors shall have defined skills on risk-based inspection and shall be regularly evaluated based on suitable procedures to verify their continuing competence; and
- Appropriate procedures shall be in place to ensure that the results of inspection are interpreted in a uniform manner.
Do note that food business operators are mandated to allow inspection of their business and collaborate with FSRAs on action taken to avoid risks posed by the food products/which they have supplied. In conducting an inspection, FSRAs and the Local Government Units are allowed to collect fees for the inspection of food products, production and processing facilities, issuance of import or export certificates, laboratory testing of food samples and other fees as may be deemed necessary.
Also, always remember that when a food business operator refuses to the access to pertinent records or the entry of inspection officers of the FSRA, said operator is exposing himself or itself to possible criminal, administrative, and/or civil liabilities under the law.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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