Article 100Supplement v1, p. 100

COMMERCIAL LAWS SUPPLEMENT

food establishment requiring a permit for its operations,

at least every six months and shall cause as many

additional inspections and re-inspections and evaluation

to be made as are necessary for the enforcement of the

provision of this Chapter.

During the inspection or evaluation carried out at least

every six months, the inspector shall record his findings

on an inspection form provided for the purpose and shall

furnish the original of such report to the holder of sanitary

permit,

the

manager

or

occupier

of

the

premises.

Demerits entered in the appropriate column inspection

forms shall indicate that the item does not, in the opinion

of the inspector, comply with the requirements of this

regulation.

Within

48

hours

of

the

inspection

or

evaluation, the original of the inspection report shall be

furnished

the

holder

of

the

permit

certificate,

the

manager

or

occupier

of

the

food

establishment.

Whenever

an

inspection

form

issued

indicates

non-compliance items relating to any particular type of

premises, the inspector shall notify the holder of the

sanitary

permit,

the

manager

or

occupier

of

the

correction to be made and indicate a reasonable period

for

its

compliance.

If

upon

re-inspection

after

the

deadline the inspector finds the correction has not been

effected he shall forthwith report to the Health Officer

and the Health Officer shall revoke the sanitary permit. A

copy of the inspection form and any notices served shall,

in all cases, be filed and kept by the local health authority

and be available at all reasonable time for inspection by

an officer of the Department of Health.

a.

Service of Notice — Whenever an inspection or

evaluation report form indicates non-complying items,

the Health Officer of the Province, Municipality or City

may cause to be served on the holder of the permit, the

manager or occupier a notice requiring him, within the

time stated in the notice, to take such remedial action as

may be specified therein. In the event within the time

stated in the notice, hereinafter called the first notice, the

terms of the first notice are not complied with, the Health

Officer may cause to be served on the holder of the

permit, the manager or occupier a second notice calling

on him to show cause, at a time and place stated in the

notice, why the permit issued in respect of the food

establishment should not be revoked.

b. Revocation of Permits — After prior notice and hearing

as provided above, the Health Officer, if satisfied that the

terms of the two notices have not been complied with or

that the failure to comply therewith is not excusable, shall

revoke the said permit.

c. Summary Suspension of Permits — Whenever the

Provincial,

Municipal

or

City

Health

Officer

finds

unsanitary or unhealthy conditions in the operation of a

food establishment which in his judgement constitute a

substantial hazard to the public health, the Health Officer

may order the immediate suspension of the permit. Any

person to whom such an order is issued written petition

shall be afforded a hearing as soon as possible.

d. Appeals — The person or panel conducting the hearing

may confirm, modify or reverse the decision appealed

from, which decision shall be final.

e.

Protection of Food — Notwithstanding the other

provisions of this regulation relating to the issuance of

permits, every person who is engaged in the sale of food

or in the manufacture, preparation, storage, packing or

delivery of food for sale shall protect such food from

contamination.

f. Power of Entry — Any Sanitary Inspector or duly

authorized officer of the Department of Health or of the

Provincial,

Municipal

or

City

Health

Officer,

upon

presentation of proper credentials may at all reasonable

times enter any premises engaged in the manufacture,

preparation or packing of any article of food for sale or

any premises used for any of the purposes referred to in

this Code for the purpose of inspection or any other

action necessary for administration of this Code.

SECTION 32. Special Provisions . —

a. Groceries or "Sari-Sari" Stores

1. No grocery or sari-sari store shall be established within a

distance of 25 meters from any source of contamination.

2. All foods which require no further cooking before they

are eaten shall be protected from contamination while in

countries or showcases.

b. Bakeries

1. Delivery trucks and carts of bakery products shall

always be kept clean and sanitary.

c. Dairies

1.

No

dairy

shall

keep

unhealthy

or

infected cows,

carabaos or goats for the production of milk, or feed them

unwholesome

food

which

produces

impure

or

unwholesome milk.

2.

No animals used for the production of milk shall be

allowed to graze on land which has been contaminated

by radioactivity.

3. No dairy shall sell unwholesome milk that has not been

previously pasteurized or otherwise sterilized.

d. Ice Plants

1. Only potable water shall be used in the manufacture of

ice.

2.

In storing and transporting ice intended for public

consumption, precautionary measures shall be taken to

protect the ice from sources of contamination.

e. Ambulant Food Vendors

1.

These vendors shall sell only bottled food drinks,

biscuits and confectionaries.

2.

It is prohibited for food vendors to sell food that

requires the use of utensils.

f. Oyster Beds

1.

Oysters shall be planted and grown only in areas

approved

by

the

Secretary

or

his

duly

authorized

representatives and in places duly licensed by the Bureau

of Fisheries and Aquatic Resources.

2.

Oysters offered for sale, if not originating from

approved areas, shall be confiscated and destroyed by the

local health authority.

g. Fish Marketing Areas

1. Only fresh and wholesome fish products shall be sold.

2.

Fish caught in radioactive zones as well as in areas

contaminated by toxic substances or high in mercury

count as determined by the health authorities shall be

condemned and not be allowed for public consumption.

3.

The selling, distribution and buying of fish caught

through

the

use

of

explosives

and

chemicals

are

prohibited.

SECTION 33. Responsibility of the Local Health Authority .

— The local health authority shall:

a. Make periodic inspections to enforce the maintenance

of adequate sanitation in food establishments and their

premises;

b.

Take

samples

of

food

and

drink

from

any

establishments

or

vendor

as

often

as

necessary

to

determine if there are unwholesome, adulterated, or

contaminated by radioactivity;

c.

Prevent the sale or condemn and destroy food and

drinks if these are found unfit for human consumption;

d.

Seal

and

prohibit

the

use

of

devices,

utensils,

containers, vehicles, machines, piping and appurtenances

if in his opinion they are unsanitary; and

e.

Enforce the provisions of this Chapter and the rules

and regulations promulgated by the Secretary.

CHAPTER IV Markets and Abattoirs

SECTION 34.

Prescribed Standards of Construction . —

The construction of markets and abattoirs shall conform

© Compiled by RGL

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