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Responsibilities of Food Business Operators under the Food Safety Act

Photo from Unsplash | Taylor Grote

 

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 Business Operators shall be primarily responsible for ensuring 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.
  • Food business operators shall 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.
  • Food business operators shall allow inspection of their businesses and collaborate with the regulatory authorities on action taken to avoid risks posed by the food product/s which they have supplied.

The Food Safety Act of 2013 aims to strengthen the food safety regulatory system in the Philippines. The objectives of the said Act are as follows:

(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. (Section 3, Republic Act No. 10611 also known as the Food Safety Act of 2013)

 

What are food business operators?

The law says:

(k) Food business operator refers to a person engaged in the food business including one’s agents and is responsible for ensuring that the requirements of this Act are met by the food business under one’s control. (Section 4, R.A. No. 10611)

 

Under the law, these food business operators have specific responsibilities.

These include:

(a) Food business operators shall 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. Micro and small industries shall be assisted to facilitate their adoption of such practices;

(b) If a food business operator considers or has reason to believe that a food which it produced, processed, distributed or imported is not safe or not in compliance with food safety requirements, it shall immediately initiate procedures to withdraw the food in question from the market and inform the regulatory authority;

(c) Food business operators shall allow inspection of their businesses and collaborate with the regulatory authorities on action taken to avoid risks posed by the food product/s which they have supplied, and

(d) Where the unsafe or noncompliant food product may have reached the consumer, the operator shall effectively and accurately inform the consumers of the reason for the withdrawal, and if necessary, recall the same from the market. (Section 14, R.A. No. 10611)

Apart from the specific responsibilities of the Food Business Operators, they shall likewise be primarily responsible for ensuring 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. (Section 13, R.A. No. 10611)

 

Related article: 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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