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FOOD SAFETY LAWS

Under authority of the Federal Meat, Poultry and Egg Products Inspection Acts,Food
Safety and Inspection Service (FSIS) of the USDA inspects and monitors all meat, poultry and
egg products sold in interstate and foreign commerce to ensure compliance with mandatory U.S.
food safety standards and inspection legislation.
The Federal Meat Inspection Act of 1967i of 1968 requires more than 3,000 state inspected
processing in 26 states to meet standards that are at least equal to standards for federally
inspected plants. However, the law inhibits the state inspected plants from selling meat and
poultry and specialty products, such as sausage, pizza and jerky, across state lines, a privilege
enjoyed by foreign and federally inspected competitors.
Establishments have the option to apply for Federal or State inspection. Under the agreement, a
State's program must enforce requirements "at least equal to" those imposed under the Federal
Meat and Poultry Products Inspection Acts. However, product produced under State inspection is
limited to intrastate commerce. FSIS provides up to 50% of the State's operating funds, as well
as training and other assistance.

Food Safety Rules and Regulations


Chapter 246-215 WAC provides the safety standards for food served or sold to the public
in Washington State. Washington adopted the 2009 FDA Food Code, with some modifications.
The FDA Food Code was developed with extensive input from members of the food service
industry, the scientific community, and food safety regulators throughout the country. It
incorporates the latest knowledge of food science and technology. The Food Code serves as the
basis for food service rules in most states and provides Washington with rules that are more
consistent with the national food safety standards.

Food safety act of 2013


Republic Act No. 10611
AN ACT TO STRENGTHEN THE FOOD SAFETY REGULATORY SYSTEM IN THE
COUNTRY TO PROTECT CONSUMER HEALTH AND FACILITATE MARKET ACCESS OF
LOCAL FOODS AND FOOD PRODUCTS, AND FOR OTHER PURPOSES

ARTICLE I
DECLARATION OF POLICY AND OBJECTIVES
Section 15, Article II of the 1987 Philippine Constitution declares that the State shall protect and
promote the right to health of the people and instil health consciousness among them.
Furthermore, Section 9, Article XVI provides that the State shall protect consumers from trade

malpractices and from substandard or hazardous products. Toward these ends, the State shall
maintain a farm to fork food safety regulatory system that ensures a high level of food safety,
promotes fair trade and advances the global competitiveness of Philippine foods and food
products.
Objectives. To strengthen the food safety regulatory system in the country

ARTICLE II
DEFINITION OF TERMS
Food safety regulatory agencies (FSRAs) refer to the following national government agencies:
Under the Department of Agriculture (DA) the Bureau of Animal Industry, the National Meat
Inspection Service, the Bureau of Fisheries and Aquatic Resources, the Bureau of Plant Industry,
the Fertilizer and Pesticide Authority, the Philippine Coconut Authority, the Sugar Regulatory
Administration and the National Food Authority.
Under the Department of Health (DOH) the Food and Drug Administration, the Center for
Food Regulation and Research and the Bureau of Quarantine.
Hazard Analyses at Critical Control Points (HACCP) refer to a science-based system which
identities, evaluates and controls hazards which are significant for food safety at critical points
during a given stage in the food supply chain.

ARTICLE III
BASIC PRINCIPLES OF FOOD SAFETY
toensure food safety

ARTICLE IV
GENERAL PRINCIPLES
Food Law Objectives. Food law shall aim for a high level of food safety, protection of human
life and health in the production and consumption of food. It shall also aim for the protection of
consumer interests through fair practices in the food trade.
Protection of Consumer Interests. The protection of consumer interest shall be geared towards
the following:

(a) Prevention of adulteration, misbranding, fraudulent practices and other practices which
mislead the consumer; and
(b) Prevention of misrepresentation in the labelling 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.

ARTICLE V
RESPONSIBILITIES ON FOOD SAFETY
Principal Responsibility of Food Business Operators. Food business operators shall 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.
Specific Responsibilities of Food Business Operators. Food business operators shall have the
following responsibilities under this Act:
(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.
Principal Responsibilities of Government Agencies. The DA, the DOH, the DILG and the
LGUs shall have the following responsibilities:
(a) The DA shall be responsible for food safety in the primary production and postharvest stages

of food supply chain and foods locally produced or imported in this category;
(b) The DOH shall be responsible for the safety of processed and prepackaged foods, foods
locally produced or imported under this category and the conduct of monitoring and
epidemiological studies on food-borne illnesses;
(c) The LGUs shall be responsible for food safety in food businesses such as, but not limited to,
activities in slaughterhouses, dressing plants, fish ports, wet markets, supermarkets, school
canteens, restaurants, catering establishments and water refilling stations. The LGU shall also be
responsible for street food sale, including ambulant vending;
(d) The DILG, in collaboration with the DA, the DOH and other government agencies shall
supervise the enforcement of food safety and sanitary rules and regulations as well as the
inspection and compliance of business establishments and facilities within its territorial
jurisdiction;

ARTICLE VI
FOOD SAFETY REGULATION COORDINATING BOARD (FSRCB)
Powers and Functions. There is hereby created a Food Safety Regulation Coordinating Board,
hereinafter referred to as the Board, with the following powers and functions:.
Accountability for Food Safety Regulation. The FSRAs of the DA and the DOH, in
coordination with the LGUs, shall be responsible in ensuring food safety at various stages of the
food supply chain within their specified mandates.

ARTICLE VII
CRISIS MANAGEMENT
Rapid Alert System. A rapid alert system for the notification of a direct or indirect risk to
human health due to food shall be established by the FSRCB.

ARTICLE VIII
IMPLEMENTATION OF FOOD SAFETY REGULATIONS
Policies on Official Controls. Official controls are established to verify compliance with food
laws and regulations and shall be prepared by each agency. The following shall govern the

exercise of official controls:


*Licensing, Registration of Establishments.
*Inspection of Food Business Operators

ARTICLE IX
TRAINING AND CONSUMER EDUCATION
Training. Skills training and other instructional/educational activities shall be regularly
provided to food business operators, food handlers and to government personnel as follows:
be trained on HACCP, on the codes of good practice and on technologies that will enable them to
comply with regulations;
Consumer Education. A consumerEDUCATION PROGRAM shall be developed by the DA,
the DOH and the LGUs in partnership with the Department of Education, the implementation of
which shall be carried out by the latter.
Funding. Funds shall be provided for the development and implementation of training and
consumerEDUCATION PROGRAMS .

ARTICLE XI
POLICY ON FEES
Collection of Fees. The DA, the DOH and the LGUs, where applicable, shall be 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.

FOOD AND DRUG ADMINISTRATION ACT OF 2009 (REPUBLIC ACT NO. 9711)
REPUBLIC ACT NO. 9711
AN ACT STRENGTHENING AND RATIONALIZING THE REGULATORY CAPACITY OF
THE BUREAU OF FOOD AND DRUGS BFAD BY ESTABLISIHING ADEQUATE TESTING
LABORATORIES AND FIELD OFFICES. UPGRADING ITS EQUIPMENT, AUGMENTING
ITS HUMAN RESOURCE COMPLEMENT, GIVING AUTHORITY TO RETAIN ITS
INCOME, RENAMING IT THE FOOD AND DRUG ADMINISTRATION (FDA),

AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 3720, AS AMENDED AND


APPROPRIATING FUNDS THEREOF.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. The Bureau of Food and Drugs (BFAD) is hereby renamed the Food and Drug
Administration (FDA).
SEC. 2. This Act shall be known as the Food and Drug Administration (FDA) Act of 2009.
SEC. 3. It is hereby declared a policy of the State to adopt, support, establish, institutionalize,
improve and maintain structures, processes, mechanisms and initiatives that are aimed, directed
and designed to: (a) protect and promote the night to health of the Filipino people; and (b) help
establish and maintain an effective health products regulatory system and undertake appropriate
health manpower development and research, responsive to the countrys health needs and
problems. Pursuant to this policy, the State must enhance its regulatory capacity: and strengthen
its capability with regard to the inspection, licensing, and monitoring of establishments and the
registration and monitoring of health products.
SEC. 4.This Act has the following objectives:
(a) To enhance and strengthen the administrative and technical capacity of the FDA in the
regulation of establishments and products under its jurisdiction;
(b) To ensure the FDAs monitoring and regulatory coverage over establishments and products
under its jurisdiction; and
(c) To provide coherence in the FDAs regulatory system for establishments and products under
its jurisdiction.
SEC. 5. Section 4 of Republic Act No. 3720, as amended, IS hereby further amended to read as
follows:
SEC. 4. To carry out the provisions of this Act, there is hereby created an office to be called the
Food and Drug Administration (FDA) in the Department of Health (DOH). Said Administration
shall be under the Office of the Secretary and shall have the following functions, powers and
duties:
(a) To administer the effective implementation of this Act and of the rules and regulations
issued pursuant to the same;
(b) To assume primary jurisdiction in the collection of samples of health products;
(c) To analyze and inspect health products in connection with the implementation of this Act;
(d) To establish analytical data to serve as basis for the preparation of health products standards,
and to recommend standards of identity, purity, safety, efficacy, quality and fill of container;

(e) To issue certificates of compliance with technical requirements to serve as basis for the
issuance of appropriate authorization and spot-check for compliance with regulations regarding
operation of manufacturers, importers, exporters, distributors, wholesalers, drug outlets, and
other establishments and facilities of health products, as determined by the FDA
(h) To conduct appropriate tests on all applicable health products prior to the issuance of
appropriate authorizations to ensure safety, efficacy, purity, and quality;
(i) To require all manufacturers, traders, distributors, importers, exporters, wholesalers, retailers,
consumers, andnon consumer users of health products to report to the FDA any incident that
reasonably indicates that said product has caused or contributed to the death, serious illness or
serious injury to a consumer, a patient, or any person;
(j) To issue cease and desist orders otupropio or upon verified complaint for health products,
whether or not registered with the FDA: Provided, That for registered health products, the cease
and desist order is valid for thirty (30) days and may be extended for sixty (60) days only after
due process has been observed;
(k) After due process, to order the ban, recall, and/or withdrawal of any health product found to
have caused the death, serious illness or serious injury to a consumer or patient, or is found to be
imminently injurious, unsafe, dangerous, or grossly deceptive, and to require all concerned to
implement the risk management plan which is a requirement for the issuance of the appropriate
authorization;
(l) To strengthen the post market surveillance system in monitoring health products as defined
in this Act and incidents of adverse events involving such products;
(m) To develop and issue standards and appropriate authorizations that would cover
establishments, facilities and health products;
(n) To conduct, supervise, monitor and audit research studies on health , and safety issues of
health products undertaken by ,entities duly approved by the FDA;
(o) To prescribe standaras, guidelines, and regulations with respect to information,
advertisements and other marketing instruments and promotion, sponsorship, and other
marketing activities about the health products as covered in this Act;
(p) To maintain bonded warehouses and/or establish the same, whenever necessary or
appropriate, as determined by the director-general for confiscated goods in strategic areas of the
country especially at major ports of entry; and
(q) To exercise such other powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this Act.

April 13, 1992 THE CONSUMER ACT OF THE PHILIPPINES


Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled
TITLE I. GENERAL PROVISIONS
Article 1. Short Title. This Act shall be known as the "Consumer Act of the Philippines."
Article 2. Declaration of Basic Policy It is the policy of the State to protect the interests of the
consumer, promote his general welfare and to establish standards of conduct for business and
industry. Towards this end, the State shall implement measures to achieve the following
objectives: a) protection against hazards to health and safety; b) protection against deceptive,
unfair and unconscionable sales acts and practices; c) provision of information and education to
facilitate sound choice and the proper exercise of rights by the consumer; d) provision of
adequate rights and means of redress; and e) involvement of consumer representatives in the
formulation of social and economic policies.
Article 3 Construction.
The best interest of the consumer shall be considered in the interpretation and implementation
of the provisions of this Act, including its implementing rules and regulations.
Article 4 Definition of Terms.
For purposes of this Act, the term: a) "Advertisement" means the prepared and through any
form of mass medium, subsequently applied, disseminated or circulated advertising matter. b)
"Advertising" means the business of conceptualizing, presenting or making available to the
public, through any form of mass media, fact, data or information about the attributes, features,
quality or availability of consumer products, services or credit. c) "Advertising agency or Agent"
means a service organization or enterprise creating, conducting, producing, implementing or
giving counsel on promotional campaigns or programs through any medium for and in behalf of
any advertiser. d) "Advertiser" means the client of the advertising agency or the sponsor of the
advertisement on whose account the advertising is prepared, conceptualized, presented or
disseminated. e) "Agricultural purpose" means a purpose related to the production, harvest,
processing, manufacture, distribution, storage, transportation, marketing, exhibition or
disposition of agricultural, fishery or marine products. f) "Amount financed" in a consumer
credit sale constitutes the cash price plus non-finance charges less the amount of any down
payment whether made in cash or in property traded in, or in a consumer loan the amount paid
to, receivable by or paid or payable to the buyer or to another person in his behalf. g) "Banned
hazardous substance" means (1) any toy or other articles intended for use by children, which are
hazardous per se, or which bear or contain substances harmful to human beings; or (2) any
hazardous substance intended or packaged in a form suitable for use in the household, which the
implementing agency by regulation, classifies as "banned hazardous substance" notwithstanding
the existence of cautionary labels, to safeguard public health and safety: Provided, That the

implementing agency may, by regulation, exempt from this Act, articles which by reason of their
functional purpose require the inclusion of the hazardous substance involved and which bear
appropriate labels giving adequate directions and warnings for their safe use. Procedures for the
issuance, amendment or repeal of regulations pursuant to clause (2) or paragraph (g) of this
Article shall be governed by the rules and regulations promulgated by the Department of Health;
Provided, That if the Department of Health finds that the distribution for household use of the
hazardous substance involved presents an imminent hazards to the public health, it may publish
in a newspaper of general circulation a notice of such finding and such substance shall be
deemed to be a "banned hazardous substance" pending the issuance of regulation formally
banning such substance. h) "Batch" means a quantity of any drug or device produced during a
given cycle of manufacture. i) "Business name, firm name, or style" means any name or
designation other than the true name of a person, partnership, corporation or association which is
used or signed in connection with his/its business or in 1) any written or printed receipt,
including receipt for tax or business; 2) any written or printed contract not verified by a notary
public; 3) any written or printed evidence of any agreement or business transaction; and 4) any
sign or billboard kept conspicuously exhibited in plain view in or at the place of the business,
announcing a firm name or business name or style.

Codex and the World Trade Organization (WTO)


Issue: Codex Alimentarius was established in 1963 and is jointly funded by the Food and
Agricultural Organization (FAO) and the World Health Organization (WHO) of the United
Nations (UN). Codex was established to develop international food standards. Although the
standards development process was initiated in 1963, its importance and relevance to trade law
and, consequently, the political implications of the standard setting work of Codex increased
considerably in 1995 with the creation of the World Trade Organization and the ratification of the
WTO agreements. The WTO Agreement on Sanitary and Phytosanitary Measures (SPS
Agreement) in which Codex is referenced several times.
Background: Article 3 of the SPS Agreement requires members to base their sanitary or
phytosanitary measures on international standards, guidelines or recommendations, where they
exist. It deems measures which conform to international standards to be necessary to protect
human, animal or plant life or health, and presumed to be consistent with the WTO Agreement
and it requires more restrictive measures to have a scientific justification.
The Agreement specifically requires that members participate, to the extent of their resources, in
the relevant international organizations and specifically references the Codex Alimentarius
Commission (Codex), the International Office of Epizootics (OIE), and the International Plant
Protection Convention (IPPC).
In this regard, if a dispute should arise among WTO members relative to the justification of their
measures, parties would have recourse to the procedures for dispute settlement under the 1994
Dispute Settlement Understanding (DSU) to the General Agreement on Tariffs and Trade. The

source of law under consideration in such a dispute would be the specific texts of the SPS
Agreement including those of Codex Alimentarius.
Even though, the adoption of Codex standards by national governments is voluntary and many
member nations do not adopt Codex standards, delegations work to ensure that Codex decisions
are consistent with national standards and regulations because of Codex WTO status and fear of
a dispute challenge. WTO decisions have been influenced by Codex standards. For example, a
WTO appellate body upheld a claim by Peru against the European Commission that related to
difference in the trade description of sardines that resulted in blocking Peruvian sardines from
the EU market. The WTO affirmed that the Peruvian species is included in the Codex standard
for sardines and sardine-like products.
Industry Engagement: The WTO status of Codex standards has also enhanced their credibility
to the food industry which is likely to use Codex standards as purchasing specifications or
training tools. However, industry has also found it more difficult to gain Codex consensus on
standards that may involve new or controversial products. This is particularly true in the case of
veterinary drugs or food additives where national standards are likely to vary widely and where
societal or cultural practices may be taken into consideration in the national context. For
example, the European countries are very opposed to the use of growth enhancing drugs in
animals and Asian countries often restrict the use of food additives. Codex decisions that are
caught in a political stalemate can block market access of safe food products.
Food ,drug and cosmetic Act 1963
This Act aims to ensure safe and good quality of food, drugs and cosmetics and to regulate their
production, sale and distribution in order to protect public health.The Act provides for the
creation of an office called the Food and Drug Administration in the Department of Health. The
Act defines its internal organization and its powers, functions and duties which are: provide for
the collection of samples of food, drug and cosmetic for analyses and inspection; establish
analytical data to serve as basis for the preparation of food, drug and cosmetic standards; issue
certificates of compliance with technical requirements to serve as basis for the issuance of
licences; etc. The Act also reorganizes the Board of Food Inspection by converting it into the
Board of Food and Drug Inspection.The Act further provides for: prohibited acts and penalties;
food standards; tolerances for poisonous ingredients in food; certification of drugs; general
administration matters; regulation making powers of the Secretary of Health; hearings and
institution of criminal action; imports and exports of food, drugs and cosmetics; etc.