Section 26Sec./Art. 26

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:

(a) Official controls shall be implemented by way of regulations prepared by the FSRAs in accordance with the principles established in this Act;

(b) The frequency of official controls shall be proportionate to the severity and likelihood of occurrence of the food safety risks being controlled;

(c) Official controls shall be based on appropriate techniques, implemented by an adequate number of suitably qualified and experienced personnel and with adequate funds, facilities and equipment;

(d) The regulatory agency or body performing official controls shall meet operational criteria and procedures established by the agencies to ensure impartiality and effectiveness;

(e) Any personnel of FSRAs such as, but not limited to, food inspectors shall perform official controls at the highest level of competence and integrity, ever mindful of conflict of interest situations;

(f) Policies and procedures for official controls shall be documented in a manual of operations to ensure consistency, high quality, uniformity, predictability and transparency;

(g) Provisions shall be made for official controls to be delegated to other competent bodies as determined by the regulatory agency and of the conditions under which this shall take place. When official controls are delegated, appropriate coordination and other procedures including oversight shall be in place and effectively implemented. The accountability over the delegated function shall remain with the regulatory agency; and

(h) The agencies responsible for the implementation of official controls shall be provided with the necessary funding and technical support out of their existing budget to perform official controls according to the principles indicated in this Act.