Module 2

LAWS AND AGENCIES RELATING TO FOOD SAFETY AND

SANITATION

At the end of this module you are expected to:

1. Define law;

2. Explain the role of government regulation (federal, state, and local) in retail food safety;

3. Discuss Safety and Health Act (OSHA), ISO 2200, and Employees’ Right- to- know
act; and

4. Discuss Presidential Decree 856: Sanitation code of the Philippines in Food

Establishment

International Laws

The law is a complex subject and most acts and regulations affecting the food
industry are difficult to comprehend. However, ignorance of the law is no defense in the
event of a prosecution, and all food handlers should make special efforts to understand,
and the legislation that affects their business and themselves.

Acts and regulations applicable to the food industry are concerned with:

1. The producing or sale of injurious, unsafe, unfit, or substandard food:

2. The contamination of food;
3. The sanitation of food premises, equipment, and personnel;
4. Food-safety practices, including temperature control and treatment;
5. The control of food poisoning and food-borne disease; and
6. The composition and labeling of food.

Laws Relating to Health and safety

Occupational Safety and health Act (OSHA)

 This is the principal act concerned with protecting the health and safety of
employees and members of the public.

The Occupational Safety and Health Administration was formed in 1971 to ensure
employee safety and health and create a better working environment. Since its inception,
occupational related illness and injury rates have dropped nearly 60%, while number of
U.S. workers has doubled. OSHA utilizes a variety of proven intervention strategies like
standards like standards enforcement, guidance, training and cooperation programs in
order to ensure a safe workplace.

ISO 22000

ISO 22000 is a standard developed by the International Organization for Standardization

dealing with food safety. This is a general derivative of ISO 9000. ISO 22000 standard.

The ISO 22000 international standard specifies the requirements for a food safety
management system that involves interactive communication, system management,
prerequisite programs, HACCP principles.

In 2003, the WHO and FAO published the Codex Alimentarius which serves as a guideline
to food safety.

Employees’ Right-to-Know Act

The regulations in this act provide a legal framework for the control of substances
hazardous to health. They apply to all types of business including food business. The
essential measures that employers (and sometimes employees) have to take to ensure
people are protected from the hazardous substances they may encounter are stipulated.
Hazardous substances include those that are toxic, harmful, irritant or corrosive.

However, these regulations employed to protect the public and usually prefer to give
advice and offer guidance, especially at the planning stage. Do not hesitate to contact
them if you need assistance.
Presidential Decree 856: Sanitation Code of the Philippines issued by
President Ferdinand Marcos

The code requires all food establishments to secure permits from their local health
office. It specifies the health certificate will be issued only to persons who have passed
the physical and medical examinations and have been administered immunization. The
code also specifies the structural requirements for food establishments, the vermin-
control measures to be undertaken, and the proper disposal of refuse.

Chapter III of P.D/856

Food Establishment

Section 14. Sanitary Permit

(a) No person or entity shall operate a food establishment for public patronage
without securing a permit from the local health office. The term “food
establishment” as used here means an establishment where food or drinks are
manufactured, processed, stored, sold, or served.
(b) Every sanitary permit shall be posted in a conspicuous place of the establishment.
(c) The fees payable on application for permits and upon their issuances, renewal,
and nothing such certificates shall be in such amounts as the City of Municipal
Authority may by resolution impose.
(d) Noting of Permit within 14 Days after any change in the ownership or occupancy
of any establishment. The new occupant shall apply on the City or Municipal
Health Office to have such noted in the records and on the permit certificate which
he shall produce for the purpose and shall pay the corresponding fee in respect
of such noting.
(e) Record of Permit Certificates. Every City of Municipality shall keep a record of all
establishments in respect of which permits have been issued and of all permit
certificates and renewals thereof.
(f) The record shall in every case show the following:
i. The and address of the holder of the permit who in every case shall be the actual
occupier of the establishment.
 ii. The wash-hand basin and all hand-washing facilities shall, at all times, be
maintained in good repair and in a clean condition.
iii. All wash-hand basins shall, at all times, while the premises are being used, be
supplied with hot and cold or tempered running water at a minimum temperature of
100 degrees Fahrenheit (37.8 degrees Celsius).

Section 18. Use of Food-Service Spaces

(a) Food-service spaces shall not be used as living or sleeping quarters.

(b) Clothing or personnel effects shall be kept in lockers or in designated places away
from food service spaces.
(c) No animal or live fowls shall be allowed in such spaces.
(d) Persons not directly connected with food preparation and serving shall not be
allowed to stay in food serving- spaces.
(e) Foods in storage or in preparation must not be handled by anyone other than the
preparation and serving staff.

Section 19. Food Handlers

(a) No person shall be employed in any food establishment without a health certificate
issued by the local health authority.
(b) Food handlers shall at all times:
i. Wear clean working garment. The cook shall wear prescribed caps and
female employees caps or hairnets.
ii. Observe personal hygiene.
iii. Wash their hands thoroughly with soap and water and dry them with a clean
or disposable towel or a suitable hand drying device immediately before
working, or after visiting the toilet.

Section 20. Vermin Control

Vermin: A group of insects or small animals such as flies, mosquitos, cockroaches,

fleas, lice, bedbugs, mice, and rats which are vectors of diseases.
 (a) Spaces where food and drinks are stored, prepared, and served shall be so
constructed and maintained as to exclude vermin.
(b) All opening which connects spaces to the outer air shall be effectively protected
with scree of non-corrosive wire 16 mesh or finer. Door screens shall be tight
fitting.
(c) A vermin-abatement program shall be maintained in the establishment by their
owners, operators, or administrators. If they fail, neglect, or refuse to maintain
a vermin-abatement the local health agency will undertake the work at their
expense.
(d) During disinfecting operations, all foodstuffs, utensils, food preparation and
cleaning equipment shall be covered to protect them from toxic chemical
substances.
(e) Vermin control in public places shall be the responsibility of the provincial, city
or municipality governments which have jurisdiction over them.
(f) The procedure and frequency of vermin-abatement program shall be
determined and approved by the local health authority.

Section 21: Toilet and Washing Facilities

(a) Adequate and clean toilet facilities for male and female customers and
personnel shall be provided in properly located areas. And self-closing
(b) Toilet rooms shall not open directly into spaces where foods are prepared,
stored, or served. Where such toilets exist, the doors shall be tight-fitting.
(c) Adequate hand-washing facilities shall be provided within or adjacent to toilet
room.
(d) Facilities shall include hot and cold running water, single-service paper cloth
towel dispenser or drying device and soap or detergent.

Section 22: Deposal of Refuse

(a) Refuse cans may be used in food-preparation areas for immediate use only.
(b) Storage refuse cans, filled and empty, shall be in a designated space separate
from food-handling operations.
 (c) These cans shall be constructed and maintained as to be vermin-proof and
easily cleaned.
(d) Cans containing refuse shall be tightly covered at all times, except during
actual in food handling areas.
(e) Holding bins may likewise be used, provided they are constructed of
impervious, readily cleaned materials, and fitted with tight fitting covers.
(f) Where refuse cans are used, a space separated from food handling spaces
and adjacent to the refuse-can storage space shall be provided for cleaning
them.

Section 23. Equipment and Utensils

(a) They shall be so designed, fabricated, and installed so that cleaning is so easy
and they do not pose health hazards.
(b) Lead-soldered containers and cadmium-lined piping and fixtures shall not be
used.
(c) Surfaces that come in contact with food or drinks shall be constructed of
materials that are impervious, corrosions-resistant, non-toxic, easily
cleanable, durable and resistant to chipping.
(d) Sliding doors on cabinets shall be easily cleanable and removal.

Section 24. Washing of Utensils

(a) They shall be scraped and pre-rinsed to remove food articles.

(b) They shall be thoroughly cleansed in warm water at 120 degree Fahrenheit.
(c) If running water is not used, the wash water shall be changed frequently.

Section 25. Bactericidal Treatment

Eating and drinking utensils and equipment, after being thoroughly cleaned shall
be subjected to one of the following bactericidal treatments.

(a) Immersion for at least half a minute in a clean hot water at a temperature of at
least 170 degree Fahrenheit (77C);
(b) Immersion for at least one minute in a lukewarm chlorine solution 30 ppm.
 (c) Exposure in a steam cabinet at a temperature of at least 170 F (77 C) for at
least 15 minutes at a temperature of 200 F (90C) for at least 5 minutes.
(d) Exposure in an oven or hot-air cabinet at a temperature of at least 180F (82 C)
for at least 20 minutes; or
(e) Any other method approved by the local health authority.

Section 26. Handling of Washed Utensils

(a) Washed utensils shall be allowed to drain in wire racks without use of drying
clothes, or shall be stored in self-draining position to permit ready air-drying.
(b) The drying cloth on which to store dishes and utensils temporarily after
bactericidal treatment should be clean and changed frequently.

Section 27. Storage of washed Utensils

(a) They shall be stored in a clean and dry place adequately protected against
vermin and other sources of contamination.
(b) Cups, bowls, and glasses, shall be inverted for storage.
(c) Drawers shall be made of the same materials and kept clean.

Section 28. dry storage of Non-Perishable Foods

Non-perishable foods shall be stored in the following manner:

(a) Designated spaces, lockers, cupboards, racks, shelves and containers shall
be used for storage.
(b) All spaces, lockers, and cupboards shall be constructed of materials of the
same quality as used for food-preparation and food-serving operations.
(c) The recommended temperature range for dry stores is 50-60 C except where
dry foods for immediate use are stored in the preparation and servicing
spaces.

Section 29. Refrigerated Storage of Perishable Foods

Perishable foods shall be stored in the following manner:

 (a) They shall be kept at or below 45F (7C) EXCEPT during preparations or
when held for immediate serving after preparation.
(b) When such foods are to be stored for extended periods, a temperature of
40F (4.4C) IS recommended.
(c) Fruits and vegetables shall be stored in cool rooms
(d) Recommended temperatures for perishable food storage are:
1. Frozen foods: not more than 10F (2C)
2. Meat and fish: 32-38F (0-3C)
3. Milk and milk products: 40-45F (5-7C)
4. Fruits and vegetables: 44-50F (7-10C)
5. All refrigerating compartments and refrigerators must be clean, in good
repair and free from odors.

Section 30. Food-Servicing Operations

These operations should be in accordance with following requirements.

(a) Hand contacts with food or drink shall be avoided; fingers shall not be used
to serve butter, ice, or similar items of food. Sugar shall be served in covered
dispensers or containers, or in packages wrapped for single service.
(b) The surface of containers and utensils, including glasses and tableware’s
which come in contact with food and drink shall not be handled.

Regulatory Agency

The Bureau of Food and Drugs is the key regulatory agency of the Department of
Health, Philippines with major responsibilities in ensuring safety, efficacy, and quality food
products, drugs, vaccines and biologicals, in vitro, diagnostic reagents, medical devices,
cosmetics and household hazardous substances.

The following are the routine functions of BFAD related to food:

1. Inspection and licensing of establishments in accordance with Good

Manufacturing Practices of regulated establishments in accordance with Good
Manufacturing Practices of regulated establishments such as manufacturers,
 packers/ repackers, distributor, importers, exporters, wholesalers, outlets,
groceries, supermarkets, other commercial outlets.
2. Evaluation and registration of regulated products based on standards of safety,
efficacy, purity and quality of regulated products, processed foods (imported or
local), advertised local products and processed food products intended for export.
3. Market monitoring of products for adulterated products, expired and unregistered
products.
4. Laboratory analysis of regulated products such as collected samples from routine
monitoring, products such as collected samples from routine monitoring, products
which are subject of complaints from consumers, products from registration and
donated products.
5. Evaluation and monitoring of advertisements and promotions of tri-media such as
television, radio and print ads like newspaper and magazine.
6. Policy Formulation, drafting of rules and regulations, administrative orders and
standard, issue of bureau circulars/ bureau memoranda and guidelines.
7. Public Assistance and Information such as rendering the following services:
product information, health advisories, and consumer assistance for complaints,
and client assistance for consultancy, seminars and trainings.
8. Legal functions such as disposition of consumer complaints re: adulterated food,
misbranded food products, advertisement and promotional regulations.
9. Administrative functions for human resource development: enhancement of skills
and knowledge of personnel through training.
10. Special functions related to food such as implementation of food fortification
programmed, salt iodization, and milk code.

The Philippine Food Processing Industry

 The food processing industry is an important sector of the Philippine economy. It
is composed of establishments engaged in the processing/manufacturing and distribution
of food and food products.

The major processed food sectors include the following:

1. Fruits and vegetables

2. Fish and marine products
3. Meat and poultry products
4. Flour and bakery products
5. Beverage and confectionary
6. Dairy foods
7. Food condiments and seasonings
8. Food supplements
9. Bottled water
10. Snack foods
11. Fats and oils

The Bureau of Food and Drugs (BFAD) was created by Republic Act 3720 mandated
to enforce and administer the law, “it the policy of the state to ensure safe and good quality
food, drug and cosmetics and regulate the production, sale and traffic of the same to
protect the health of the consumer.

Republic Act 7394 (Consumer Act of the Philippines) reiterated BFAD’s mandate “to
protect consumers from adulterated or unsafe product with false, deceptive and
misleading information.” The enforcement activities have been focused on four (4)
strategies, namely;

1. Licensing and inspection of food establishments;

2. Product registration;
3. Monitoring of trade outlets

BFAD is carrying out its regulatory functions and has been in coordination with the
food processors. Among the activities that BFAD undertake to assist the food processors
are as follows:
 1. Establish partnership with other government agencies to help food processor meet
international market requirements and develop/update standard in line with Codex;
and
2. Provide information relevant to regulatory requirements both local and
international.

Control Measures to Address Safety and Quality in the Processed Food

Industry

1. Hygienic safety manufacturing practices (GMP). GMP covers the functional

principles, procedures and means needed to design a suitable environment for the
production of acceptable. Food processors are required to comply with A.O 208
otherwise known as current Good Manufacturing Practices (GMP) and company’s
established standard operating procedures.
a. Building and grounds
b. Equipment and other facilities
c. Sanitary operations
d. Processes and control
e. Sanitary facilities and control
f. Personnel
2. Hazard analysis critical control points (HACCP), HACCP is a system of food safety
control based on a systematic approach to the identification and assessment of hazard
associated with food operations and definition of means for their control (Bryan, 1988).
3. Safety and quality standards. Food Processors also adopt standards of quality for
processed foods. BFAD has standards for some of the processed products.
Key Points

1. The law is a complex subject and most acts and regulations affecting the food
industry are difficult to comprehend. However, ignorance of the law is no defense in
the event of a prosecution, and all food handlers should make special efforts to
understand, and the legislation that affects their business and themselves.
2. The Occupational Safety and Health Administration was formed in 1971 to ensure
employee safety and health and create a better working environment. Since its
inception, occupational related illness and injury rates have dropped nearly 60%, while
number of U.S. workers has doubled. OSHA utilizes a variety of proven intervention
strategies like standards like standards enforcement, guidance, training and
cooperation programs in order to ensure a safe workplace.
3. ISO 22000 is a standard developed by the International Organization for
Standardization dealing with food safety. This is a general derivative of ISO 9000. The
ISO 22000 international standard specifies the requirements for a food safety
management system that involves interactive communication, system management,
prerequisite programs, HACCP principles. In 2003, the WHO and FAO published the
Codex Alimentarius which serves as a guideline to food safety.
4. Employee’s Right to know Act, the regulations in this act provide a legal framework
for the control of substances hazardous to health. They apply to all types of business
including food business. The essential measures that employers (and sometimes
employees) have to take to ensure people are protected from the hazardous
substances they may encounter are stipulated. Hazardous substances include those
that are toxic, harmful, irritant or corrosive.
5. The code “Sanitation Code of the Philippines” requires all food establishments to
secure permits from their local health office. It specifies the health certificate will be
issued only to persons who have passed the physical and medical examinations and
have been administered immunization. The code also specifies the structural
requirements for food establishments, the vermin-control measures to be undertaken,
and the proper disposal of refuse.
6. The Bureau of Food and Drugs is the key regulatory agency of the Department of
Health, Philippines with major responsibilities in ensuring safety, efficacy, and quality
 food products, drugs, vaccines and biologicals, in vitro, diagnostic reagents, medical
devices, cosmetics and household hazardous substances.
7. The food processing industry is an important sector of the Philippine economy. It is
composed of establishments engaged in the processing/manufacturing and
distribution of food and food products.
References and Supplementary Materials

Books

1. Mcswane D. Rue N., Linton R. (2005). Food Safety and Sanitation