Ra 9076 Ra 7279
Ra 9076 Ra 7279
Ra 9076 Ra 7279
The State recognizes that food fortification is vital where there (n) Unprocessed food - food that has not undergone any
is a demonstrated need to increase the intake of an essential treatment that results in substantial change in the original state
nutrient by one or more population groups, as manifested in even if it may have been divided boned, skinned, peeled,
dietary, biochemical or clinical evidences of deficiency. Food ground, cut cleaned, trimmed, fresh-frozen or chilled.
fortification is considered important in the promotion of optimal
health and to compensate for the loss of nutrients due to
processing and/or storage of food. Section 4. The Philippine Food fortification Program. - The
Philippine Food fortification Program, hereinafter referred to as
the Program, shall cover all imported or locally processed
Food fortification, therefore, shall carried out to compensate for foods or food products for sale or distribution in the Philippines;
the inadequacies in Filipino diet, based on present-day needs Provided, That, dietary supplements for which established
as measured using the most recent Recommended Dietary standards have already been prescribed by the DOH through
Allowances (RDA) the BFAD and which standards include specifications for
nutrient composition or levels of fortification shall not be
Section 3. Definition of Terms. - For purposes of this Act, the covered by this Act.
following terms shall mean:
The program shall consist of (1) Voluntary Food Fortification
(a) BFAD - the Bureau of Food and Drugs of the Department of and (2) Mandatory Food Fortification.
Health.
Section 5. Voluntary Food Fortification. - Under the Sangkap
(b) DOH - the Department of Health. Pinoy Seal Program (SPSP), the Department shall encourage
the fortification of all processed foods or food products based
(c) Fortification - the addition of nutrients to processed foods or on rules and regulations which the DOH through the BFAD
food products at levels above the natural state. As an approach shall issue after the effectivity of this act.
to control micronutrient deficiency, food fortification is addition
of a micronutrient, deficiency in the diet, to a food which is Manufacturers who opt to fortify their processed foods of food
widely consumed by a specific at-risk groups. products but do not apply for Sangkap Pinoy Seal shall fortify
their processed food or food products based on acceptable
(d) Fortificant - a substance, in chemical or natural form, added standards on food fortification set by the DOH through the
to food to increase its nutrient value. BFAD.
(e) Micronutrient - an essential nutrient required by the body in Section 6. Mandatory Food Fortification. - (a) the fortification fo
very small quantities; recommended intakes are in milligrams staple foods based on standards sets by the DOH through the
or micrograms. BFAD is hereby made mandatory for the following:
(f) Manufacturer - the refinery in case of refined sugar or (1) Rice - with Iron;
cooking oil, the miller in case of flour or rice, or the importer in
case of imported processed foods or food products, or the (2) Wheat flour 0 with vitamins A and Iron;
processor in case of other processed foods or foods products.
(3) Refined sugar - with vitamin A;
(g) NCC - the Governing Board of the National Nutrition
Council. (4) Cooking oil - with vitamin A; and
(h) Nutrient - any chemical substance needed by the body for (5) Other staple foods with nutrients as may later required by
one or more of these functions; to provide heat or energy, to The NCC.
build and repair tissues, and to regulate life processes.
Although nutrients are found chiefly in foods, some can be
synthesized in the laboratory like vitamin and mineral The National Nutrition Council (NCC) shall require other
supplements or in the body through biosynthesis. processed foods or food products to be fortified based on the
findings of nutrition surveys. Such requirement shall be
promulgated through regulations to be issued by the
(i) Nutrition Facts - a statement or information on food labels Department of Health (DOH) through the Bureau of Food and
indicating the nutrient(s) and the quantity of said nutrient found Drugs (BFAD) and other concerned agencies.
or added in the processed foods or food products.
(b) The fortification of processed foods or food products under
(j) Nutrition labeling - a system of describing processed foods this Section shall be undertaken by the manufacturers:
or food products on the basis of their selected nutrient content.
Provided, That in the case of imported processed foods or food (a) The Department of Trade and Industry (DTI) is hereby
products, the required fortification shall be done by the required to assist and support affected manufacturers in
producers/manufacturers of such imported processed foods or upgrading their technologies by helping them obtain soft loans
food products. Otherwise, the importer shall have responsibility and financial assistance for the procurement of technologies
of fortifying the imported processed foods or food products and machines to comply with the provision of this Act;
before said products are allowed to be distributed or sold to the
public: Provided, further, That the implementation of the (b) The Department of Science and Technology (DOST) shall
mandatory fortification for wheat flour, refined sugar, cooking develop and implement comprehensive programs for the
oil and rice, including those milled and/or distributed by the acquisition, design and manufacture of machines and
National Food Authority, shall commence after four (4) years technologies and transfer said machines and technologies to
from the effectivity of this Act. manufacturers;
(c) The DOH guidelines on micronutrient fortification of (c) The Land Bank of the Philippines (LBP) and the livelihood
processed food or food products included in Administrative Corporation (LIVERCOR) are hereby required to assist and
Order No. 4-A series of 1995 and such other necessary support the implementation of this Act by granting loans, to
guidelines that may be issued by the DOH, shall serve as a affected manufacturers, at preferential rates; and
basis for the addition of micronutrient(s) to processed foods or
food products to avoid over or under fortification that may
create imbalance in the diet as well as avoid misleading label (d) The various agencies/institutions with accredited analytical
claims to gain competitive marketing advantage. laboratories for nutrient analysis and other technology
development generators shall provide the necessary services
that may be required by the food industry in compliance with
(d) Manufacturers of processed foods or food products shall this Act.
include on the label a statement of "nutrition facts" indicating
the nutrient(s) and the quantities of said nutrients added in the
food. Section 10. Noncompliance with Fortification Process. - The
following shall be considered non compliance with the
fortification process:
(e) Imported rice, wheat flour, refined sugar, cooking oil and
other processed foods or food products that may identified later
by the NCC, shall comply with the requirements of this Act on (a) if the food fortification levels do not comply with the DOH
entry in country, at the end of manufacturing process and/or at requirements, except when the deviation from the fortification
all points of sale or distribution. levels are justified and are properly declared in the labeling;
Section 7. Quality Assurance. - The agencies charged with the (b) If the fortificant used is different from that approved by the
implementation of this Act shall establish a quality assurance DOH; and
system. Likewise, the manufacturers and importers of
processed foods or food products shall also establish their own (c) If the process of fortification does not conform to the DOH
quality assurance system in accordance with the quality standard.
assurance system of the implementing agencies.
Section 11. Administrative Sanctions. - The DOH through the
Section 8. Implementation, Monitoring and Review. - The DOH BFAD, after notice and hearing, shall impose any or all of the
through the BFAD shall be the lead agency responsible for the following administrative sanctions in cases of noncompliance
implementation and monitoring of this Act while the NNC, the with the food fortification guidelines it has set:
policy-making and coordinating body of nutrition, shall serve as
the advisory board on food fortification. (a) Denial of registration of the processed foods or food
products by the DOH through the BFAD if the processed foods
The DOH shall also be responsible in the conduct of or food products do not comply with the food fortification
promotional and advocacy activities on the use of fortified requirements. Said processed foods or food products shall not
processed foods or food products through its Sangkap Pinoy be allowed to be put in the market;
Seal Program (SPSP) and/or other programs designed to
promote nutrition. Products approved by the SPSP shall be (b) Order the recall of the processed foods or food product(s);
allowed to use the Sangkap Pinoy Seal. Futher, the DOH is and
hereby authorized to charge reasonable fees for applications in
the SPSP and use of such fees in the promotion and advocacy
activities of nutrition. (c) Impose a fine or not less than Three Hundred Thousand
Pesos (P300,000.00) and suspension of registration for the first
violation; not more than Six hundred thousand pesos
The NCC shall conduct a periodic review of the micronutrients (P600,000.00) and suspension of registration for the second
added to food. This review will provide the basis for violation; and not more than one million pesos (P1,000,000.00)
determining if the mandatory fortification is still required or not. and cancellation of the registration of the product for the third
The review shall be done at least every five (5) years to violation of the provisions of this Act or its Implementing Rules
coincide with the conduct of the Food and Nutrition Research and Regulations (IRR).
Institute's (FNRI) national nutrition survey and/or the
assessment of the Philippine Plan of Action for Nutrition
(PPAN). Section 12. Implementing Rules and Regulations. - The DOH
through the BFAD and in consultation with other concerned
government agencies, nongovernment organizations, private
The local government units, through their health officers or sectors and consumer groups involved in nutrition, shall
agricultural officers or nutritionist-dieticians or the sanitary formulate the implementing rules and regulations (IRR)
inspectors shall assist in monitoring/checking that foods to be necessary to implement the provisions of this Act within ninety
mandated to be fortified like rice, refined sugar, wheat flour and (90) days from the approval of this Act. The IRR issued
cooking oil are properly fortified and labeled with "nutrition pursuant to this Section shall take effect thirty (30) days after
facts" indicating the specific micronutrient it was fortified with. publication in a national newspaper of general application.
The local food industries shall report on the production, Section 13. International Commitments. - Nothing in this Act is
marketing and distribution of fortified foods. They shall annual intended to violate provisions of Treaties and International
reports to the DOH, also indicating their industrial concerns Agreements to which the Philippines is a party.
and recommendations.
Section 16. Effectivity. - This Act shall take effect upon its (b) Creation of one-stop offices in the different regions of
approval.
the country for the processing, approval and issuance of
clearances, permits and licenses: Provided, That
Approved: November 7, 2000 clearances, permits and licenses shall be issued within
ninety (90) days from the date of submission of all
requirements by the participating private developers;