Article 73Supplement v1, p. 73

COMMERCIAL LAWS SUPPLEMENT

and its registration in the civil register and immediate

deportation after service of sentence and payment of

fine.

c) Any director, officer or agent of a corporation who shall

authorize, order or perform any of the acts or practices

constituting in whole or in part a violation of Article 18,

and who has knowledge or notice of noncompliance

received

by

the

corporation

from

the

concerned

department, shall be subject to penalties to which that

corporation may be subject.

In case the violation is committed by, or in the interest of

a foreign juridical person duly licensed to engage in

business in the Philippines, such license to engage in

business in the Philippines shall immediately be revoked.

CHAPTER II Food, Drugs, Cosmetics and Devices

ARTICLE 20. Declaration of Policy . — The State shall

ensure safe and good quality of food, drugs, cosmetics

and

devices,

and

regulate

their

production,

sale,

distribution and advertisement to protect the health of

the consumer.

ARTICLE

21.

Implementing

Agency .

—

In

the

implementation

of

the

foregoing

policy,

the

State,

through the Department of Health, hereby referred as the

Department, shall, in accordance with the provisions of

this Act:

a) establish standards and quality measures for foods,

drugs, devices and cosmetics;

b) adopt measures to ensure pure and safe supply of

foods and cosmetics, and safe, efficacious and good

quality of drugs and devices in the Country;

c) adopt measures to ensure the rational use of drugs and

devices, such as, but not limited to, banning, recalling or

withdrawing from the market drugs and devices which

are unregistered, unsafe, inefficacious or of doubtful

therapeutic value, the adoption of an official National

Drug Formulary, and the use of generic names in the

labeling of drugs;

d) strengthen the Bureau of Food and Drugs.

ARTICLE 22. Rules and Regulations on Definitions and

Standards .

—

Whenever

in

the

judgment

of

the

Department such action will promote honesty and fair

dealing in the interest of consumers, it shall promulgate

rules and regulations fixing and establishing a reasonable

definition and standard of identity, a reasonable standard

of quality and/or reasonable standard of fill of containers

for food, drugs, cosmetics or devices.

ARTICLE 23. Adulterated Food . — A food shall be deemed

to be adulterated:

a)1) if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but in

case the substance is not an added substance, such food

shall not be considered adulterated under this clause if

the quantity of such substance does not ordinarily render

it injurious to health;

2)

if

it

bears

or

contains

any

added

poisonous or

deleterious substance other than one which is (i) a

pesticide chemical in or on a raw agricultural commodity,

(ii)

a

food

additive,

(iii)

a

color

additive,

for which

tolerances have been established and it conforms to such

tolerances;

3) if it consists in whole or in part of any filthy, putrid or

decomposed substance, or if it is otherwise unfit for food;

4)

if

it

has

been

prepared,

packed

or

held

under

unsanitary

conditions whereby it may have become

contaminated with filth, or whereby, it may have been

rendered injurious to health;

5) if it is, in whole or part, the product of a diseased animal

or of an animal which has died other than by slaughter;

6) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render

the contents injurious to health; or

7) if it has passed its expiry date.

b)1) If any valuable constituent has been, in whole or in

part, omitted or abstracted therefrom and the same has

not been substituted by any healthful equivalent of such

constituent;

2) if any substance, not a valuable constituent, has been

added or substituted or in part therefor;

3) if damage or inferiority has been concealed in any

manner; or

4) if any substance has been added thereto or packed

therewith so as to increase its bulk or weight, reduce its

quality or strength, or make it appear better or of greater

value than it is.

c) if it is, or bears or contains a color additive which is

unsafe under existing regulations: Provided , That the

Department shall promulgate regulations providing for

the listing of color additives which are harmless and

suitable for use in food for which tolerances have been

established;

d) if it is confectionary, and it bears or contains any

alcohol

or

non-nutritive

article

or

substance

except

harmless coloring, harmless flavoring, harmless resinous

glass not in excess of four-tenths (4/10) of one per centum

(1%) natural gum and pectin: Provided , That this clause

shall not apply to a safe non-nutritive article or substance

if, in the judgment of the Department as provided by

regulations, (1) such article or substance is of practical

functional

value

in

the

manufacture,

packaging

or

storage of such confectionery, (2) if the use of the

substance does not promote deception of the consumer

or otherwise results in adulteration or mislabeling in

violation of any provision of this Act, and (3) would not

render the product injurious or hazardous to health:

Provided, further , That this paragraph shall not apply to

any confectionery by reason of its containing less than

one-half (1/2) of one per centum (1%) by volume of alcohol,

derived solely from the use of flavoring extracts, or to any

chewing

gum

by reason of its containing harmless

non-nutritive masticatory substance: Provided, finally ,

That the Department may, for the purposes of avoiding or

resolving uncertainty as to the application of this clause,

promulgate regulations allowing or prohibiting the use of

particular non-nutritive substances;

e) if it is oleomargarine, margarine or butter and any of

the raw materials used therein consists in whole or in part

of any filthy, putrid or decomposed substance, or such

oleomargarine, margarine or butter is otherwise unfit for

food;

f) if it has not been prepared in accordance with current

acceptable manufacturing practice established by the

Department through regulations.

ARTICLE 24. Regulation of Unprocessed Food . — The

provincial, municipal and city governments shall regulate

the preparation and sale of meat, fresh fruits, poultry,

milk, fish, vegetables and other foodstuff for public

consumption, pursuant to the Local Government Code.

ARTICLE 25. Tolerance for Poisonous Ingredients in Food .

— Any poisonous or deleterious substance added to any

food shall be deemed to be unsafe, except when such

substance is required or can not be avoided in its

production or can not be avoided by good manufacturing

practice. In such case, the Department shall promulgate

regulations limiting the quantity therein in such extent as

he finds necessary for the protection of public health, and

any quantity exceeding the limits so fixed shall be

deemed to be unsafe. In determining the quantity of

such added substance to be tolerated in different articles

of food, the Department shall take into account the

extent to which the use of such article is required or can

not be avoided in the production or manufacture of such

articles and the other ways in which the consumer may

© Compiled by RGL

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