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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 adulteration, misbranding, mislabeling or false advertisements of any food products which mislead consumers shall be unlawful. (Section 37, par. e, Republic Act No. 10611 or the Food Safety Act of 2013)
Republic Act No. 10611 or the Food Safety Act of 2013 defines adulteration as any act which tends to the production of food which:
(1) Bears or contains any poisonous or deleterious substance that may render it injurious to the health of the public;
(2) Bears or contains any added poisonous or deleterious substance in amounts exceeding established maximum limits or standards for good manufacturing practice;
(3) Contains in whole or in part filthy, putrid or decomposed substance that is unfit for human consumption;
(4) Has been prepared, packed or held under unsanitary conditions;
(5) In whole or in part, is the product of a diseased animal or an animal which has died through ways other than slaughter;
(6) Is in a container having in whole or in part any poisonous or deleterious substance;
(7) Has been intentionally subjected to radiation unless the use of radiation is in conformity with an existing regulation or exemption;
(8) Becomes injurious to health because of the omission or abstraction of a valuable constituent; or if any substance has been substituted wholly or in part; or if damaged or made inferior which has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its strength or to make it appear better or greater than it is;
(9) Has not been prepared in accordance with current acceptable manufacturing practice as promulgated by way of regulation; and
(10) Uses expired ingredients. (Section 4, par. b, R.A. No. 10611)
Misbranding refers to any deliberate labelling or advertising of food that is misleading, where the labelling and/or advertising claims certain food properties that cannot be supported by a reliable source, a certifying body or by scientific evidence. (Section 4, par. aa, R.A. No. 10611)
The law says:
“A food shall also be deemed mislabeled:
- if its labeling or advertising is false or misleading in any way;
- if it is offered for sale under the name of another food;
- if it is an imitation of another food, unless its label bears in type of uniform size and prominence, the word “imitation” and, immediately thereafter, the name of the food imitated;
- its containers is so made, formed, or filled as to be misleading;
- if in package form unless it bears a label conforming to the requirements of this Act: Provided, That reasonable variation on the requirements of labeling shall be permitted and exemptions as to small packages shall be established by the regulations prescribed by the concerned department of health;
- if any word, statement or other information required by or under authority of this Act to appear on the principal display panel of the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
- if it purports to be or is represented as a food for which a definition or standard of identity has been prescribed unless:
1. it conforms to such definition and standard; and
2. its labels bears the name of the food specified in the definition or standards, and insofar as may be required by such regulations, the common names of optional ingredients other than spices, flavoring and coloring, present in such food; - if it purports to be or represented as:
1. a food for which a standard of quality has been prescribed by regulations as provided in this Act and its quality fall below such standard, unless its label bears in such manner and form as such regulations specify, a statement that it falls below such standard; or
2. a food for which a standard or standards or fill of container have been prescribed by regulations as provided by this Act and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; - if it is not subject to the provisions of paragraph (g) of this Article unless its label bears:
1. the common or usual name of the food, if there be any; and
2. in case it is manufactured or processed from two or more ingredients, the common or usual name of such ingredient; except the spices, flavorings and colorings other than those sold as such, may be designated as spices, flavorings and colorings without naming each: Provided, That to the extent that compliance with the requirement of clause (2) of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the concerned department of health; - if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin or mineral or other dietary properties as the concerned department determines to be, or by regulations prescribed as necessary in order fully to inform purchasers as its value for such uses;
- if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling, stating that fact: Provided, That to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the concerned department. The provisions of this paragraph or paragraphs (g) and (i) with respect to the artificial coloring shall not apply in the case of butter, cheese or ice cream.” (Article 85, R.A. No. 10611)
Republic Act No. 7394 or the Consumer Act of the Philippines provides that:
“The manufacture, importation, exportation, sale, offering for sale, distribution or transfer of any food, drug, device or cosmetic that is adulterated or mislabeled is prohibited.” (Article 40, par. a, Republic Act No. 7394 or the Consumer Act of the Philippines)
“The adulteration and misbranding of any food, drug, device or cosmetic is likewise prohibited.” (Article 40, par. b, R.A. No. 7394)
The above provisions under the Consumer Act were amplified under Republic Act No. 10611 or the Food Safety Act of 2013.
The Food Safety Act provides that it shall be unlawful for any person to:
“Adulterate, misbrand, mislabel, falsely advertise any food product which misleads the consumers and carry out any other acts contrary to good manufacturing practices” (Section 37 par. e, R.A. No. 10611)
What is the penalty for sale and/or distribution of adulterated and mislabeled food?
The law says:
“Any person who shall violate any provision of this Act shall suffer the penalties provided hereunder:
(a) For the first conviction, a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00) and suspension of appropriate authorization for one (1) month shall be imposed;
(b) For the second conviction, a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred thousand pesos (P200,000.00) and suspension of appropriate authorization for three (3) months shall be imposed;
(c) For the third conviction, a line of not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) and suspension of appropriate authorization for six (6) months shall be imposed;
(d) For violation resulting in slight physical injury of a person, upon conviction, a line of not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) and suspension of appropriate authorization for six (6) months shall be imposed. The offender shall also pay the hospitalization and rehabilitation cost of a person;
(e) For violation resulting in less serious or serious physical injury of a person, upon conviction, a line of not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) and suspension of appropriate authorization for one (1) year shall be imposed. The offender shall also pay the hospitalization and rehabilitation cost of a person;
(f) For violation resulting in death of a person, upon conviction, the penalty of imprisonment of not less than six (6) months and one (1) day but not more than six (6) years and one (1) day and a line of not less than Three hundred thousand pesos (P300,000.00) but not more than Five hundred thousand pesos (P500,000.00) and permanent revocation of appropriate authorization to operate a food business shall be imposed.
If the offender does not have the appropriate authorization, the imposable fines shall be doubled.
If the offender is a government personnel, in addition to the penalty prescribed herein, said personnel shall be subjected to the appropriate civil service laws.
If the offender is a naturalized citizen, in addition to the penalty prescribed herein, the naturalization certificate and the registration in the civil registry of said citizen shall be cancelled. Immediate deportation after payment of line and service of sentence shall also be imposed.
If the offender is an alien, said alien shall be summarily deported after payment of fine and service of sentence and perpetually barred from entering the country.
Any director, officer or agent of a corporation who shall authorize, order or perform any of the acts or practices constituting in whole or in part a violation of Section 37 hereof, and who has knowledge or notice of noncompliance received by the corporation from the concerned department, shall be subjected to the penalties under this section.
In case the violation is committed by, or in the interest of a foreign juridical person duly licensed to engage in business in the Philippines, such license to engage in business in the Philippines shall immediately be revoked.” (Section 38, R.A. No. 10611)
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