REPUBLIC OF THE PHILIPPINES CONGRESS OF THE PHILIPPINES METRO MANILA

ELEVENTH CONGRESS THIRD REGULAR SESSION Begun and held in Metro Manila, on Monday, the twenty fourth day of July, two thousand.

[ REPUBLIC ACT NO. 8976 ]

AN ACT ESTABLISHING THE PHILIPPINE FOOD FORTIFICATION PROGRAM AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as the “Philippine Food Fortification Act of 2000”. SEC. 2. Declaration of Policies. - Section 15 of Article II of the Constitution provides that the State shall protect and promote the right to health of the people and instill health consciousness among them. The State recognizes that nutritional deficiency problems in the Philippines, based on nutrition surveys, include deficiencies in energy, iron, vitamin A, iodine, thiamin and riboflavin. To a minor extent, the Filipino diet is also deficient in ascorbic acid, calcium and folate. The State recognizes that food fortification is vital where there is a demonstrated need to increase the intake of an essential nutrient by one or more population groups, as manifested in dietary, biochemical or clinical evidences of deficiency. Food 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. Food fortification, therefore, shall be carried out to compensate for the inadequacies in Filipino diet, based on present-day needs as measured using the most recent Recommended Dietary Allowances (RDA). SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall mean: (a) BFAD - the Bureau of Food and Drugs of the Department of Health. (b) DOH - the Department of Health. (c) Fortification - the addition of nutrients products at levels above the natural state. micronutrient deficiency, food fortification is deficient in the diet, to a food which is widely groups. to processed foods or food As an approach to control addition of a micronutrient, consumed by specific at-risk

boned. the miller in case of flour or rice. trimmed. after these products passed a set of defined criteria. (f) Manufacturer . . (m) Sangkap Pinoy Seal Program (SPSP) . The Philippine Food Fortification Program.a system of describing processed foods or food products on the basis of their selected nutrient content. dietary supplements for which established standards have already been prescribed by the DOH through the BFAD and which standards include specifications for nutrient composition or levels of fortification shall not be covered by this Act.(d) Fortificant . The fundamental concept of the program is to authorize food manufacturers to use the DOH seal of acceptance for processed foods or food products.a strategy to encourage food manufacturers to fortify processed foods or food products with essential nutrients at levels approved by the DOH.food that has not undergone any treatment that results in substantial change in the original state even if it may have been divided.a statement or information on food labels indicating the nutrient(s) and the quantity of said nutrient found or added in the processed foods and food products. added to food to increase its nutrient value. (l) Recommended Dietary Allowances (RDA) . ground. 4. canning. or the processor in case of other processed foods or food products. in chemical or natural form. or addition of some ingredients which changes partially or completely the physicochemical and/or sensory characteristics of the food’s raw material. (g) NNC . and to regulate life processes. recommended intakes are in milligrams or micrograms. shall cover all imported or locally processed foods or food products for sale or distribution in the Philippines: Provided. SEC. This is printed in food labels as “Nutrition Facts”.any chemical substance needed by the body for one or more of these functions: to provide heat or energy.levels of nutrient intakes which are considered adequate to maintain health and provide reasonable levels of reserves in body tissues of nearly all health persons in the population. peeled. that.an essential nutrient required by the body in very small quantities. hereinafter referred to as the Program. to build and repair tissues.a substance. cut cleaned. drying. fresh-frozen or chilled. (k) Processed foods or food products . . (n) Unprocessed food . (j) Nutrition labeling . concentrating.the refinery in case of refined sugar or cooking oil. (h) Nutrient . or the importer in case of imported processed foods or food products. It aims to provide accurate nutrition information about each food. (e) Micronutrient . The seal is a guide used by consumers in selecting nutritious foods. skinned. (i) Nutrition Facts .food that has been subjected to some degree of processing like milling. some can be synthesized in the laboratory like vitamin and mineral supplements or in the body through biosynthesis.the Governing Board of the National Nutrition Council.The Philippine Food Fortification Program. Although nutrients are found chiefly in foods.

SEC. 5.The Program shall consist of (1) Voluntary Food Fortification and (2) Mandatory Food Fortification. wheat flour. cooking oil and other processed foods or food products that may be identified later by the NNC.with Iron. Cooking oil . shall commence after four (4) years form the effectivity of this Act. further. 4-A series of 1995 and such other necessary guidelines that may be issued by the DOH. shall serve as a 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 claims to gain competitive marketing advantage. Mandatory Food Fortification. and Other staple foods with nutrients as may later be required by the NNC.with vitamin A. Otherwise. (b) The fortification of processed foods or food products under this Section shall be undertaken by the manufacturers: Provided. That in the case of imported processed foods or food products.Under the Sangkap Pinoy Seal Program (SPSP). refined sugar.(a) The fortification of staple foods based on standards set by the DOH through the BFAD is hereby made mandatory for the following: (1) (2) (3) (4) (5) Rice .with vitamin A. The National Nutrition Council (NNC) shall require other processed foods or food products to be fortified based on findings of nutrition surveys. SEC. refined sugar. Refined sugar . including those milled and/or distributed by the National Food Authority. 6. the required fortification shall be done by producers/manufacturers of such imported processed foods or food products. . the importer shall have responsibility of fortifying the imported processed foods or food products before said products are allowed to be distributed or sold to the public: Provided. . (c) The DOH guidelines on micronutrient fortification of processed foods or food products included in Administrative Order No. shall comply with the requirements of this Act on entry in the country. the Department shall encourage the fortification of all processed foods or food products based on rules and regulations which the DOH through the BFAD shall issue after the effectivity of this Act. Voluntary Food Fortification. at the end of manufacturing process and/or at all points of sale or distribution . (d) Manufacturers of processed foods or food products shall include on the label a statement of “nutrition facts” indicating the nutrient(s) and the quantities of said nutrients added in the food. (e) Imported rice. Manufacturers who opt to fortify their processed foods or food products but do not apply for Sangkap Pinoy Seal shall fortify their processed foods or food products based on acceptable standards on food fortification set by the DOH through the BFAD. That the implementation of the mandatory fortification for wheat flour. Wheat flour . Such requirement shall be promulgated through regulations to be issued by the Department of Health (DOH) through the Bureau of Food and Drugs (BFAD) and other concerned agencies.with vitamin A and Iron. cooking oil and rice.

Monitoring and Review. (c) The Land Bank of the Philippines (LBP) and the Livelihood Corporation (LIVECOR) are hereby required to assist and support the implementation of this Act by granting loans. The DOH shall also be responsible in the conduct of promotional and advocacy activities on the use of fortified processed foods or food products through its Sangkap Pinoy Seal Program (SPSP) and/or other programs designed to promote nutrition.The following government agencies shall support the implementation of this Act through their respective programs: (a) The Department of Trade and Industry (DTI) is hereby required to assist and support affected manufacturers in upgrading their technologies by helping them obtain soft loans and financial assistance for the procurement of technologies and machines to comply with the provisions of this Act. and (d) The various agencies/institutions with accredited analytical 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 this Act. This review will provide the basis for determining if the mandatory fortification is still required or not. refined sugar. . also indicating their industrial concerns and recommendations. Quality Assurance. the DOH is hereby authorized to charge reasonable fees for applications in the SPSP and use of such fees in the promotion and advocacy activities of nutrition. the policy-making and coordinating body on nutrition. marketing and distribution of fortified foods. wheat flour and cooking oil are properly fortified and labeled with “nutrition facts” indicating the specific micronutrient it was fortified with. .The agencies charged with the implementation of this Act shall establish a quality assurance system. the manufacturers and importers of processed foods or food products shall also establish their own quality assurance system in accordance with the quality assurance system of the implementing agencies. Support to Affected Manufacturers. SEC. The local government units. 8. Likewise. Products approved by the SPSP shall be allowed to use the Sangkap Pinoy Seal. to affected manufacturers. At preferential rates. The review shall be done at least every five (5) years to coincide with the conduct of the Food and Nutrition Research Institute’s (FNRI) national nutrition surveys and/or the assessment of the Philippine Plan of Action for Nutrition (PPAN). shall serve as the advisory board on food fortification. design and manufacture of machines and technologies and transfer said machines and technologies to manufacturers. 7. SEC. Further.SEC. . The local food industries shall report on the production. Implementation. through their health officers or agrucultural officers or nutritionist-dietitians or the sanitary inspectors shall assist in monitoring/checking that foods mandated to be fortified like rice. They shall submit annual reports to the DOH. The NNC shall conduct a periodic review of the micronutrients added to food. . 9. (b) The Department of Science and Technology (DOST) shall develop and implement comprehensive programs for the acquisition.The DOH through the BFAD shall be the lead agency responsible for the implementation and monitoring of this Act while the NNC.

Separability Clause.The DOH through the BFAD. SEC. 13. SEC. 12. President of the Senate . 14.00) and suspension of registration for the second violation. shall impose any or all of the following administrative sanctions in cases of noncompliance with the food fortification guidelines it has set: (a) Denial of registration of the processed foods and food products by the DOH through the BFAD if the processed foods or food products do not comply with the food fortification requirements. .The DOH through the BFAD and in consultation with other concerned government agencies.000.This Act shall take effect upon its approval. (b) Order the recall of the processed foods or food product(s).Nothing in this Act is intended to violate provisions of Treaties and International Agreements to which the Philippines is a party. and (c) Impose a fine of not less than Three Hundred Thousand Pesos (P300. Administrative Sanctions.000. Said processed foods or food products shall not be allowed to be put in the market. shall formulate the implementing rules and regulations (IRR) necessary to implement the provisions of this Act within ninety (90) days from approval of this Act. (Sgd) MANUEL B. and (c) If the process of fortification does not conform to the DOH standards. . 16. decrees. except when the deviation from the fortification levels are justified and are properly declared in the labeling.00) and cancellation of the registration of the product for the third violation of the provisions of this act or its Implementing Rules and Regulations (IRR). SEC. considered noncompliance with the fortification process: - The following shall be (a) If the food fortification levels do not comply with the DOH requirements. SEC. 15. VILLAR. rules and regulations. after notice and hearing. JR.00) and suspension of registration for the first violation. 10. If any provision of this Act is declared unconstitutional or unlawful. and not more than One million pesos (P1. executive orders inconsistent with the provisions of this Act are hereby repealed or modified accordingly. The IRR issued pursuant to this Section shall take effect thirty (3) days after publication in a national newspaper of general application. SEC. not more than Six hundred thousand pesos (P600. International Commitments. . Approved.SEC. Repealing Clause. . (b) If the fortificant used is different from that approved by the DOH. private sector and consumer groups involved in nutrition. SEC. non government organizations. 11. DRILON Speaker of the House of Representatives (Sgd) FRANKLIN M. Effectivity. Noncompliance with Fortification Process. Implementing Rules and Regulations.All laws. the remaining provisions shall remain legal and in full effect. .000.000.

This Act. 2000. which is a consolidation of Senate Bill No. 07. 2000 (Sgd) JOSEPH EJERCITO ESTRADA President of the Philippines . 1545 and House Bill No. 5915 was finally passed by the Senate and the House of Representatives on October 4. (Sgd) ROBERTO P. respectively. NAZARENO Secretary General House of Representatives (Sgd) OSCAR G. 2000 and October 10. YABES Secretary of the Senate Approved: Nov.

Declaration of Policies – Section 15 of Article II of the Constitution provides that the State shall protect and promote the right to health of the people and instill health consciousness among them. iron.” RULE III – DEFINITION OF TERMS SECTION 1. 8976. based on present needs and measured using the most recent Recommended Dietary Allowance (RDA). biochemical or clinical evidences of deficiency. Manila Tel. No. in consultation with other concerned government agencies. “The State recognizes the nutritional deficiency problems in the Philippines. as manifested in dietary. For the purpose of this Act. based on nutrition surveys. Sta. this document shall be known as the “IMPLEMENTING RULES AND REGULATIONS FOR THE PHILIPPINE FOOD FORTIFICATION ACT OF 2000” RULE II – DECLARATION OF POLICIES SECTION 1. private sector and consumer groups. vitamin A. 2 thereof. RULE I – TITLE SECTION 1. the following Implementing Rules and Regulations are hereby formulated for the effective implementation of the said Republic Act by authorized officials and representatives of the Department of Health (DOH). Act NO. Cruz. therefore. 8976. shall be carried out to compensate for the inadequacies in Filipino diet. the following terms shall mean: . Food Fortification is considered important in the promotion of optimal health and to compensate for the loss of nutrient due to processing and/or storage of food. nongovernment organizations. iodine. In the implementation of the provisions of Rep. 8976 ENTITLED: “AN ACT ESTABLISHING THE PHILIPPINE FOOD FORTIFICATION PROGRAM AND FOR OTHER PURPOSES” Pursuant to Section12 of Republic Act NO. 7119502 / 7119503 THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. the Filipino diet is also deficient in ascorbic acid. which provides as follows: “SECTION 2. Food fortification. The State recognizes that the food fortification is vital where there is a demonstrated need to increase the intake of an essential nutrient by one or more population groups. include deficiency in energy. To a minor extent.Republic of the Philippines Department of Health OFFICE OF THE SECRETARY San Lazaro Compound. calcium and folate. the government shall be guided always by the provisions of Sec. thiamine and riboflavin.

restaurants. (n) Minimum acceptable level – the level of fortificant required by BFAD that should appear in the label and which should also be present at the retail level. added to food to increase its nutrient value. (b) BFAD . the miller in case of flour. (p) Nutrient – Any chemical substance needed by the body for one or more of these functions. which serve or sell food to customers. that brings in food/food products from other countries for its own use or for wholesale/retail distribution to other food establishments or outlets. It aims to provide accurate nutrition information about each food. As an approach to control micronutrient deficiency. or addition of some ingredients which changes partially or completely the physico-chemical and/or sensory characteristics of the food’s raw material. which are considered adequate to maintain health and provide reasonable levels of reserves in the body tissues of nearly all healthy persons in the population. (q) Nutrition facts – a statement or information on food labels indicating the nutrient(s) and the quality of said nutrient found or added in the processed foods or food products. and to regulate life processes. natural or juridical. This is printed in the food labels as “Nutrition Facts”. (c) Brown rice – palay from which the hull has been removed. including its use in food preparation or in processing other food products. or the processor in case of other processed food or food products. food fortification is the addition of a micronutrient. (l) Maximum tolerable level – the reference point to check for the safety and quality of the product using individual samples. in chemical or natural form. It coagulate into a sticky mass when cooked. (o) NNC – the Governing Board of the National Nutrition Council. hospitals and other related outlets. catering firms. to build and repair tissues. (r) Nutrition labeling – a system of describing processed foods or food products on the basis of their selected nutrient content. (f) Food service establishment – refers to hotels. (m) Micronutrient – an essential nutrient required by the body in very small quantities. (s) Processed foods or food products – food that has been subjected to some degree of processing like milling. An importer may also be a manufacturer. (h) Fortificant – a substance. which is widely consumed by specific at-risk groups. or rice. (t) Quality control procedures – the planned and systematic activities implemented within the quality system and demonstrated as needed to provide adequate confidence that those responsible for the fortification of fortified food/food products will fulfill requirements for quality particularly fortification. Although nutrients are found chiefly in foods. or the importer in case of imported processed foods or food products. concentrating.any person. to provide heat or energy. to a food.the Bureau of Food and Drugs of the Department of Health. (k) Manufacturers – the refinery in case of refined sugar or cooking oil. (g) Fortification – the addition of nutrients to processed foods or food products all levels above the natural state. carinderias. drying. some can be synthesized in the laboratory like vitamin and mineral supplements or in the body through biosynthesis.(a) Acceptable standards on food fortification – requirements for fortification set by the DOH through BFAD in consultation with other concerned agencies and industry representative groups. (u) Recommended Dietary Allowance (RDA) – levels of nutrient intakes.” (d) Cooking Oil – edible oil derived from vegetable sources intended for human consumption. . (j) Importer. deficient in the diet. This is also known as “dehulled rice” or husked rice. (i) Glutinous rice – a special type of rice whose grains are white and opaque in appearance. recommended intakes are in milligrams or micrograms. (e) DOH – stands for Department of Health (the lead agency in the implementation and monitoring of the said Act). canning.

refined sugar substitutes which can be fortified such as but not limited to Very High Pol Low Color sugars (e. (x) Sangkap Pinoy Seal Program – a strategy to encourage manufacturers to fortify processed foods or food products with essential nutrients at levels approved by the DOH. The fundamental concept of the program is to authorize manufacturers to use the DOH seal of acceptance for processed foods or food products. as well as restaurants and food service establishments where such fortified food products are encouraged to be served. The above-named government agencies shall enter into a Memorandum of Agreement with the Bureau of Food and Drugs regarding the licenses mentioned in the preceding paragraph. cut cleaned. Repackers of food products covered by Sec. (y) Staple food – basic food normally consumed by the general population on a daily basis e. buyer or seller. (w) Repacker – may be a manufacturer. The above named business establishments enumerated in the preceding section except food service establishments shall be duly licensed with the concerned government agencies such as National Food Authority for rice. crude vegetable oil and wheat grains and engages the refinery or miller for the purpose of refining or milling for a fee. The seal is a guide used by consumers in selecting nutritious foods. They shall likewise inform BFAD prior to the process of fortification and they shall register their products with BFAD prior to distribution. including a trader. repacker. Mandatory food fortification for specific food products enumerated in Sec. For purposes of this IRR. SECTION 4. SECTION 5. after these products passed a set of defined criteria. (bb) Wheat flour – a powdery product primary made from milling. rice. for human consumption in the Philippines. whether natural or juridical. RULE IV – THE PHILIPPINE FOOD FORTIFICATION PROGRAM SECION 1.e. or even the producer. sugar. 2 of Rule X of this IRR. boned. the Implementing Rules and Regulation shall apply to all manufacturers. Sugar Regulatory Administration for sugar and Philippine Coconut Authority for cooking oil. RULE V – VOLUNTARY FOOD FORTIFICATION . 8976 and those that may be required by the National Nutrition Council (NNC) to be fortified under the same section thereof: SECTION 3. retailers. tollee or distributor that packs food products from bulk packaging to retail packaging. or producers. importers. Pursuant to the above.. The Philippine Food Fortification Program shall cover all imported or locally processed foods or food products for sale or distribution. (z) Tollee – any person. except as provided in Sec. 6 of Republic Act No. oil. traders. BFAD for wheat flour. trimmed. 2 of Rule IV of this IRR. fresh-frozen or chilled. Voluntary food fortification to encourage food processors to undertake food fortification on their own volition to enhance the nutrition content of their food products. skinned. Brazilian whites). The Philippine Food Fortification Program shall consist of two systems: a. Plantation whites and sulphitated white shall be considered as refined sugar. (aa) Unprocessed food – food that has not undergone any treatment that results in substantial change in the original state even if it may have been divided.g. the tolling fee. palay. i.g. crystalline sugar used for household consumption and as an ingredient for processed food including white refined sugar derived from sugar beets and sugar containing flavoring or coloring matter wherein sugar content is over 65% by dry weight. b. SECTION 2. tollees. flour. wheat grains.(v) Refined sugar – raw sugar that has undergone processing to produce white. who owns the raw materials such as raw sugar.

to be fortified with iron. particle size should be ≤ 50 microns) Others approved by DOH/BFAD Minimum Acceptable Level 30 m/kg as retinol Maximum Tolerable Level 6. 4-a series of 1994 and such other necessary guidelines that may be issued by DOH in consultation with the concerned industry and/or government agencies. the DOH through BFAD. to wit: Fortificant Vitamin A Retinol palmitate/acetate Others approved by DOH/BFAD Iron Elemental Iron (electrolytic. The DOH through BFAD. hereby sets the minimum standards for wheat fortification. Rule X as follows: (1. in consultation with the Philippine Association of Flour Millers and the Philippine Chamber of Flour Manufacturers. The following staple food products shall be fortified in accordance with standards set by the DOH through BFAD.0 mg Fe/Kg 105 mg Fe/Kg Levels set by BFAD Levels set by BFAD . The addition of micronutrients to processed foods or food products to avoid over or under fortification shall be based on DOH guidelines for food fortification embodied in DOH Administrative Order No. RULE VI – MANDATORY FOOD FORTIFICATION SECITON 1. in consultation with the National Food Authority and the Philippine Confederation of Grains Association (PHILSCON). shall fortify their processed foods or food products based on acceptable standards on food fortification set by the DOH through BFAD. Manufacturers who opt to fortify their processed foods or food products but do not apply for registration under the Sangkap Pinoy Program. SECTION 3. II reduced.) All rice.5 mg/kg as retinol Levels set by BFAD Levels set by BFAD 70.) Wheat flour to be fortified with vitamin A and iron. except brown rice and locally produced glutinous rice. except as provided in Section 2. For this purpose. Under the Sangkap Pinoy Seal Program (SPSP) the Department of Health (DOH). SECTION 2. hereby sets the minimum standard for rice fortification to wit: Fortificant Iron Ferrous Sulfate Others approved by DOH/BFAD Minimum Acceptable Level 60 mg Fe/kg raw rice Maximum Tolerable Level 90 mg Fe/kg raw rice Levels set by BFAD Levels set by BFAD (2.SECTION 1. shall encourage the fortification of all processed foods or food products based on the rules and regulations which the DOH through BFAD shall issue after the effectivity of this Act.

Likewise. the tollee shall be responsible for notifying the refinery of the miller of the destination of the processed food. and scientific findings show the feasibility of fortifying such food products. the miller or refiner shall be responsible for reporting monthly to BFAD any non-fortification required by the tollee. In case the manufacturer is not the owner of the raw sugar. food fortification shall be done by the manufacturer at the place of the manufacture. crude vegetable oil. hereby sets the minimum standards for refined sugar fortification. and the Philippine Coconut Research and Development Foundation (PCRDF) hereby sets the minimum standards for the level of fortification of cooking oil. The DOH through BFAD in consultation with the Philippine Coconut Authority (PCA). or for direct human consumption. said tollee shall be responsible for the nonfortification of the mandatory staple.) Other staple food products shall be fortified with appropriate nutrients as may be required by the National Nutrition Council (NNC) when nutrition surveys show the need for fortification of such other staple food. palay or wheat grains. the Coconut Refiners Association (CORA).0 mg RE/L Maximum Level 23 mg RE/L Tolerable Levels set by BFAD Levels set by BFAD (5. to wit: Fortificant Vitamin A Retinol Palmitate Others approved by DOH/BFAD Minimum Acceptable Level 5.) Cooking oil for human consumption to be fortified with vitamin A except for export.0 mg/kg Tolerable Levels set by BFAD Levels set by BFAD (4. The mandatory fortification of the four identified staple foods shall be the responsibility of the following: a. in consultation with other concerned agencies and industry organizations. If such imported products are not fortified at the source of manufacture. and the latter nevertheless sells or distributes the same in cases where fortification is required under these rules. the importers thereof shall be responsible . in consultation with Sugar Regulatory Administration (SRA) and sugar industry organizations. for the production of other processed food products.) Such food fortification that may be required by the NNC does not need further legislation but only through regulations to be promulgated by the DOH through BFAD. SECTION 2. For imported staple food products. to wit: Fortificant Vitamin A Retinol Palmitate Or others approved by DOH/BFAD Minimum Acceptable Level 12. The DOH through BFAD.0 mg/kg Maximum Level 30. Locally processed staple food products shall be fortified by the manufacturers. the United Coconut Association of the Philippines (UCAP).) Refined sugar for human consumption to be fortified with vitamin A.(3. b. whether for export. In case fortification of the mandatory staple was not required by the tollee. (6.

for their food fortification before they are released for sale of distribution in the Philippines. the NNC shall conduct a periodic review at least once every five years. The NNC. Philippine Coconut Authority (PCA) for cooking oil’ Bureau of Customs for imported products The other agencies enumerated in Rule No. as the lead implementing agency shall be assisted in the monitoring and review of the program by the following: a. SECTION 4. 7 of Rep. Sugar Regulatory Administration (SRA) for sugar. manufacturers and importers of processed food or food products or Repackers shall also establish their own quality assurance system. SECTION 3. and other nutrition surveillance systems in conducting such review. In accordance with the mandate of Sec. b. as the policymaking and coordinating body on nutrition shall serve as the advisory body on food fortification. The DOH shall lead in planning the activities on food fortification which shall include the promotion and advocacy activities on the use of fortified food products through its Sangkap Pinoy Seal Program and other programs to promote nutrition. The Local Government Units (LGUs) shall assist in the monitoring of foods mandated to be fortified. The DOH through BFAD is the lead agency in the implementation and monitoring of this Act. As such. SECTION 5. Act NO. The DOH. 8 of Rep. MONITORING AND REVIEW SECTION 1. Products that have been accepted under the Sangkap Pinoy Seal Program can be use the SPSP seal. 8976 shall use the fees collected under the SPSP for promotional and advocacy activities for nutrition. The BFAD shall continue to monitor and review the fortification of wheat flour. the label of fortified staple food products offered for sale in the market shall include a statement of the fortificant added and the amount present within the shelf life of the product. c. Act No. c. However. SECTION 2. The DOH through BFAD. IX. RULE VII – QUALITY ASSURANCE SECTION 1. which shall conform to the quality assurance system of the implementing agency. 8976. in public markets retail stores. National Food Authority (NFA) for rice. d. RULE VIII – IMPLEMENTATION. Likewise BFAD is also authorized to collect reasonable fees for the registration of fortified products. of the micronutrient added to food. The BFAD shall formulate the standard operating procedures (SOP) for monitoring the implementation of this Act. e. is authorized to charge reasonable fees and under authority of Sec. SECTION 3. It shall likewise check if the labels of fortified products contain . to determine if mandatory food fortification is still needed or not. and food service establishments. the agencies responsible for the implementation of this law shall establish a quality assurance system with respect to food fortification. The NNC shall use the data of the Food and Nutrition Research Institute (FNRI) national nutrition survey and/or the assessment of the Philippine Plan of Action on Nutrition (PPAN). Repackers shall repack only staple food products that have been fortified. SECITON 6. Annex I is the General Quality Assurance system for Food Fortification to be used as guide. or upon petition of an industry mandated to fortify their products.

b. The Department of Science and Technology (DOST) shall assist the affected manufacturers by developing and implementing comprehensive program for the acquisition. through their respective programs: a. d. prior to their release. Manufacturers may also avail the services of other technology at reasonable cost. Manufacturers of food-fortified products under the mandatory and voluntary food fortification program may avail of the analytical laboratories of government agencies and institutions for nutrient analysis at a reasonable cost. Sugar Regulatory . BFAD shall undertake a final inspection that the products are really fortified and registered with BFAD as fortified products prior to sale and distribution. The LGUs shall designate only one set from the following officials enumerated in Rep. SECTION 7. b. Act No. The incentives may include but not be limited to exemption from customs duties and national internal revenue taxes on imported capital equipment and spare parts and inputs required in fortifying food products. 8976. the DTI shall provide incentives by including food fortification as a priority investment or activity. The Department of Trade and Industry (DTI) shall assist and support affected manufacturers in upgrading their technologies by helping them obtain soft loans and financial assistance for the procurement of technologies and machines.nutrition facts stating the nutrient added and its quantity. indicating their industrial concerns relative to food fortification. The Bureau of Customs shall inform the DOH through BFAD of all imported rice. Philippine Coconut Authority. SECITON 8. RULE IX – SUPPORT TO AFFECTED MANUFACTURERS SECTION 1. The LGUs shall submit reports on monitoring to the Bureau of Food and Drugs (BFAD) in the manner and form prescribed by the latter. The affected manufacturers shall be supported by the following government agencies in the achievement of the purposes of this Act. The Land Bank of the Philippines (LBP) and the Livelihood Corporation (LIVECORP) shall grant loans at preferential rates of interest to manufacturers of fortified food products. Sec. National Food Authority. like the Department of Agriculture. to enable BFAD to ascertain if such imported products are already fortified. Production. c. 8 to conduct the monitoring or checking functions: Head officers or Agricultural officers or Nutritionist-dieticians or Sanitary Inspectors The LGUs shall inform BFAD which of the officers enumerated above has been assigned to monitor the fortified products. sugar. wheat flour and cooking oil. marketing and distribution of food-fortified products that they are manufacturing. Such agencies and institutions. tax credits on the portion of food products fortified. Through the Board of Investments (BOI). Annual reports. design and manufacture of new machines and technologies and transfer said machines and technologies to manufacturers. tax credit on domestic capital equipment and/or spare parts equivalent to the normal duty imposed on their imported counterpart. The business establishments in the local food industries and importers of processed foods covered by this Act shall submit to the DOH the following: a.

SECTION 2.Administration and attached agencies with accredited facilities shall assist the manufacturers of fortified food products.00) and cancellation of the product registration.000. SECTION 2. 8976. The DOH through BFAD shall not allow said products to be sold in the market. such as beverages where the fortified product used for processing may result the processed product by the fortificant. if already in the market for sale and distribution. Section 1 except when the deviation from the fortification levels are justified and are properly declared on the label of the product. b. . shall be jointly and solidarily liable with the juridical entity. e. If the violator is a juridical entity. If the fortificant used is different from the approved by the DOH/BFAD.00). RULE XI – ADMINISTRATIVE SANCTIONS SECTION 1.00) and suspension of the product registration. the DOH through BFAD shall impose a fine of not more than One Million Pesos (1.000. the DOH through BFAD shall impose a fine of not more than Six Hundred Thousand Pesos (600. a. e. If the food fortification level does not comply with the requirements as mentioned in Rule VI. Noncompliance of RA 8976 including the food fortification guidelines set by the DOH through BFAD shall entitle the latter to impose any or all of the following applicable administrative sanctions. of the Implementing Rules and Regulations or the fortification standards or guidelines. and c. The agencies mentioned in Rule VIII and Rule IX mandated to implement and support the food fortification program shall allocate part of their budget for the implementation and support of this program.001. The following acts shall be considered as noncompliance with the food fortification process. a. may be allowed as in the following cases: (a) Dietary supplements for which established standards have already been prescribed by the DOH through BFAD. c. For the second violation. (b) Those intended for exports or for use in the production of other processed food products. RULE X – NONCOMPLIANCE WITH FORTIFICATION PROCESS SECTION 1.00). Incentives in the form of tax credits may also be granted by the Department of Finance thru the Bureau of Internal Revenue to business establishments that undertake food fortification before the effective of mandatory food fortification. the DOH through BFAD shall impose a fine of not less than Three Hundred Thousand Pesos (300. For the third violation. For the first violation of Republic Act No. The above provisions notwithstanding exceptions subject to the approval by BFAD. the person responsible for the violation.000. The DOH through BFAD shall order the owners or sources of the products to recall or withdraw the said processed foods or food products from the market. for the administrative fines imposed in the above provisions. but not less than Six Hundred Thousand One Pesos (600. f. If the process of fortification does not conform to Rule VII of this IRR. b. after due notice and hearing. The DOH through BFAD shall deny registration of new processed foods and staple food products that do not comply with the food fortification requirements. d.000.

and e. SECTION 3. the Secretary of Health may delegate the conduct of the administrative investigation of any violation of RA 8976 or its Implementing Rules and Regulations to an adjudication board composed of the following members from: a. rice. the other portions thereof shall remain legal and valid and in full effect. Bureau of Food and Drugs (BFAD) as Chairman Department of Interior and Local Government (DILG) Department of Trade and Industry (DTI) An official from the Sugar Regulatory Administration (SRA) or National Food Authority (NFA) or Philippine Coconut Authority (PCA) or Bureau of Food and Drugs (BFAD). In case of appeal from the decision of BFAD. Act . provided however. 8976. b. The Implementing Rules and Regulations shall take effect thirty (30) days after its publication in a newspaper of general circulation with respect to Voluntary Food Fortification. that such representative is not personally involved in the matter under investigation.SECTION 2. Any further action a party may decide to take in connection with the decision of the adjudication board. c. the maximum fine and revocation of the License to Operate and License to Sell shall be impose. No. d. 8976 or the Implementing Rules and Regulations shall be considered hereby repealed or amended. cooking oil and rice. including those milled and/or distributed by the Natioanl food Authority. RULE XIII – REPEALING CLAUSE SECTION 1. refined sugar. SECTION 2. Nothing in this Act is intended to violate provisions of Treaties and International Agreements to which the Philippines is a party. calling for consultative meetings of the same agencies involved in the formulations of the IRR as provided in Sec. defraud or deceive the consuming public.A. Act. circulars and rulings on food fortification issued by the DOH and/or BFAD and other agencies involved in nutrition regulation that are inconsistent or contrary to the provisions of Rep. Act 8976 and/or its Implementing Rules and Regulations is attended by a manifest intention to mislead. when the investigation involves sugar. The provision of these Implementing Rules and Regulations shall be amended in same manner that they were formulated. respectively. The Implementation of the Mandatory Food Fortification for wheat flour. shall commence after four years from the effectivity of Rep. RULE XIV – SEPARABILITY CLAUSE SECTION 1. All Administrative Orders. RULE XV – AMENDMENTS SECTION 1. 12 of R. A representative nominated by the industry organization whose product is the subject of investigation. If any part of these rules and regulations shall be declared null and void by a court having jurisdiction. RULE XII – INTERNATIONAL COMMITMENTS SECTION 1. as the case may be. cooking oil or wheat flour. RULE XVI – EFFECTIVITY SECTION 1. When the act or omission in violation of Rep. No. shall be subject to the rules and procedures of the BFAD.

. 2000.NO. DAYRIT. Secretary of Health . which was November 7. 2004.D. M. APPROVED: (Sgd) MANUEL M.Sc. 8976. M. hence the Implementing Rules and Regulation for Mandatory Food Fortification shall take effect on November 7.

1.2.4. 3.2.1. calibration records maintained 6. Putting in place a recall system in case of product recall is needed 6.3. 3. container source of the fortificant(s) immediately sealed after weighing and stored in a cool dry place. not more tan a week.6. mixing time observed and recorded. Record keeping of all the quality control activities for the fortified products .2. fortificant(s) properly sealed and stored in a cool. require certificate of analysis for every delivery of the fortificant(s) 1. 2.1.3. equipment used appropriate for product being fortified. 4.5. one package of fortificant(s) good for several batches produced within a few day.e. identifying quality control measures for fortificant(s) handling and storage 2. fortificant(s) properly weighted and appropriate records maintained 2. 2.2. mixing method as described is an approved production process. used within a day. dry place. Imposing quality control on the fortificant(s) to ensure that specification are met 1. sensitive fortificant(s) in packing size that can be consumed for one batch of product or for one day’s production.1. analysis done by external laboratories. 7.1 Identifying fortified product by its lot identification code. Routinely undertake analyses of the fortification level of the fortified products (indicating frequency) 4. 5. 2. 3. Conduct equipment calibration 5. weighed fortificant(s) properly handled. equipment measuring devices calibrated as scheduled 5.2.1. 3. checking if the fortificant(s) used is still within the market shelf-life 2. Establishing/Identifying quality control on the fortification process.. 2.ANNEX I General Quality Assurance System for Food Fortification The quality assurance system of the manufacturers and importers in the Fortification of food products should include or address the following: 1. in-house analysis of the fortificant(s) in the finished product 4. i.

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