Republic Act 10611, or the Food Safety Act of 2013, was signed into law by President Benigno Simeon Aquino to protect consumers from food trade malpractices and substandard or hazardous products.
The new law lays down a comprehensive framework that sets the benchmark for food safety in various stages from the harvest to manufacture, processing, handling, packaging, distribution, marketing, food preparation to its consumption.
To strengthen the food safety regulatory system in the country, the state is adopting measures to protect the public from food- borne and water-borne illnesses and unsanitary, unwholesome, misbranded or adulterated foods, the law said.
The state also works to enhance industry and consumer confidence in the food regulatory system, it added.
The state is working toward achieving economic growth and development by promoting fair trade practices and sound regulatory foundation for domestic and international trade, the law said.
Here, as culled from Jaromay Laurente Pamaon Law Offices’ Philipine e-legal forum, is a primer on the Food Safety Act of 2013:
What is food, which is covered by this law?
Food refers to any substance or product whether processed, partially processed or unprocessed that is intended for human consumption. It includes drinks, chewing gum, water and other substances which are intentionally incorporated into the food during its manufacture, preparation and treatment.
What is food safety?
Food safety refers to the assurance that food will not cause harm to the consumer when it is prepared or eaten according to its intended use. Food hygiene, on the other hand, refers to the measures and conditions necessary to control hazards that could lead to food-borne illnesses and to ensure fitness for human consumption of a food of plant or animal origin taking into account its intended use.
What is a food safety regulatory system?
Food safety regulatory system refers to the combination of regulations, food safety standards, inspection, testing, data collection, monitoring and other activities carried out by food safety regulatory agencies and by the Local Government Units (LGUs) in the implementation of their responsibilities for the control of food safety risks in the food supply chain.
What are food safety standards?
Food safety standards refer to the formal documents containing the requirements that foods or food processors have to comply with to safeguard human health. They are implemented by authorities and enforced by law; and are usually developed and published under the auspices of a national standards body.
The Department of Agriculture and the Department of Health shall set the mandatory food safety standards.
What is food business?
Food business refers to any undertaking, whether public or private, that carries out any of the activities related to, or any of the stages of the food supply chain. On the other hand, “food supply chain” refers to all stages in the production of food from primary production, post-harvest handling, distribution, processing and preparation for human consumption.
Who is a food business operator?
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 the law are met by the food business under one’s control. All food business operators must be licensed/registered and subject to regular inspection.
What are the responsibilities of Food Business Operators when it comes to food safety?
The principal responsibility of food business operators is 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. Specifically, food business operators shall have the following responsibilities under the law:
1. 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.
2. 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.
3. 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.
4. Where the unsafe or non-compliant 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.
What is the focus in the protection of consumer interests?
The protection of consumer interest shall be geared towards the following: (1) Prevention of adulteration, misbranding, fraudulent practices and other practices which mislead the consumer; and (2) prevention of misrepresentation in the labeling and false advertising in the presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged, the setting in which they are displayed, and the product description including the information which is made available about them through whatever medium. Where relevant, the presentation of goods shall provide consumers a basis to make informed choices in relation to the food they purchase.
What are the prohibited acts under the Food and Safety Act of 2013?
– to be continued –