RESPONSIBILITIES OF FOOD BUSINESS OPERATORS ON FOOD SAFETY

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Published — January 13, 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.

Not just food safety: DUTIES AND RIGHTS OF WORKERS IN STRENGTHENING THE COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH STANDARDS

• Food safety refers to the assurance that food will not cause harm to consumer

• Food business operator refers to a person engaged in the food business

• Food business operators are to ensure that food satisfies the requirements of food law

Man can live about forty days without food, about three days without water, about eight minutes without air, but only for one second without hope. – Unknown

Food is a necessity of life. This is just one among the reasons why people, with or without laws, are careful with what they eat.

In the Philippines, is there a particular law that governs food safety?

The law says:

Yes.

We have Republic Act No. 10611, otherwise known as the “Food Safety Act of 2013” (Food Safety Act). While every person on earth knows what is a food, said law provides a legal definition of food. The Food Safety Act provides that food refers to any substance or product whether processed, partially processed or unprocessed that is intended for human consumption. It includes chewing gum, water and other substances which are intentionally incorporated into the food during its manufacture, preparation and treatment.

So, what can we learn from the definition above? It simply says that while the pellets we buy for our pets’ consumption is a food, such is not considered as food under the Food Safety Act. The food we are talking about here refers only to those which are intended for human consumption.

Now, intentionally or not, there are times that a person dines in a food business establishment. Under the law, food business operators have responsibilities in assuring that the food they serve will not cause harm to the consumer.  In other words, food business operators who are referred to as persons engaged in the food business including one’s agents, are responsible for food safety.

What are the responsibilities of food business operators on food safety?

The law says:

It is the principal responsibility of food business operators to ensure that, food satisfies the requirements of food law relevant to their activities in the food supply chain and that control systems are in place to prevent, eliminate or reduce risks to consumers.

Also, the specific responsibilities of food business operators are the following:

1. They should be knowledgeable of the specific requirements of food law relevant, to their activities in the food supply chain and the procedures adopted by relevant government agencies that implement the law. They shall adopt, apply and be well informed of codes and principles for good practices;
2. If a food business operator considers or has reason to believe that a food is not safe or not in compliance with food safety requirements, it shall withdraw the food in question from the market to and to inform the regulatory authority; and
3. Where the unsafe or noncompliant food product may have reached the consumer, the operator shall effectively and accurately inform the consumers of the reason of withdrawal and if necessary, recall the same from the market.

What are the guidelines in ensuring food safety?

The law says:

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 state 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.

Also, 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 sensitives of a specific category of consumers where the food is intended for that category.

Lastly, 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.

 

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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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