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STANDARDS AND RESTRICTION

BP 344 ACCESSIBILITY LAW

BATAS PAMBANSA BLG. 344AN ACT TO ENHANCE THE MOBILITY

OF DISABLED PERSONS BY REQUIRING CERTAIN BUILDINGS,

INSTITUTIONS, ESTABLISHMENTS AND PUBLIC UTILITIES TO

INSTALL FACILITIES AND OTHER DEVICES.

IMPLEMENTING RULES AND REGULATIONS AS AMENDED

OF BATAS PAMBANSA BILANG 344 (ACCESSIBILITY LAW)

"An Act to Enhance the Mobility of Disabled Persons by Requiring Certain

Buildings, Institutions, Establishments, and Other Public Utilities To Install

Facilities and Other Devices."

Rule II - Minimum Requirements for Accessibility

1. Design Criteria:

1. CATEGORIES OF DISABLED PERSONS. The categories of disability

dictate the varied measures to be adopted in order to create an accessible

environment for the handicapped. Disabled persons under these Rules may be

classified into those who have:

1. Impairments requiring confinement to wheelchairs; or

2. Impairments causing difficulty or insecurity in walking or

climbing stairs or requiring the use of braces, crutches or other artificial

supports; or impairments caused by amputation, arthritis, spastic

conditions or pulmonary, cardiac or other ills rendering individuals semi-

ambulatory; or

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3. Total or partial impairments of hearing or sight causing

insecurity or likelihood of exposure to danger in public places; or

4. Impairments due to conditions of aging and in coordination;

5. Mental impairments whether acquired or congenital in nature.

2. ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES

FOR DESIGN. The minimum and maximum dimensions for spaces in the built

environment should consider the following criteria:

1. The varying sizes and structures of persons of both sexes, their

reaches and their lines of sight at both the standing and sitting positions.

2. The dimensional data of the technical aids of disabled persons.

Included in the second consideration are the dimensions of wheelchairs;

the minimum space needed for locking and unlocking leg braces plus the

range of distance of crutches and other walking aids from persons using

such devices. By applying at this very early stage dimensional criteria

which take into account wheelchair usage, the physical environment will

ultimately encourage and enable wheelchair users to make full use of their

physical surroundings.

3. The provision of adequate space for wheelchair maneuvering

generally insures adequate space for disabled persons equipped with other

technical aids or accompanied by assistants. In determining the minimum

dimensions for furniture and fixtures accessible to disabled persons, the

following anthropometric data shall serve as guides for design:

The length of wheelchairs varies from 1.10 m to 1.30 m.

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The width of wheelchairs is from 0.60 m to 0.75 m.

A circle of 1.50 m in diameter is a suitable guide in the planning

of wheelchair turning spaces.

The comfortable reach of persons confined to wheelchairs is from

0.70 m to 1.20 m above the floor and not less than 0.40 m from

room corners.

The comfortable clearance for knee and leg space under tables for

wheelchair users is 0.70 m.

Counter height shall be placed at a level comfortable to disabled

persons' reach.

3. BASIC PHYSICAL PLANNING REQUIREMENT. No group of

people shall be deprived of full participation and enjoyment of the environment or

be made unequal with the rest due to any disability. In order to achieve this goal

adopted by the United Nations, certain basic principles shall be applied:

1. ACCESSIBILITY. The built environment shall be designed so that it

shall be accessible to all people. This means that no criteria shall impede the use

of facilities by either the handicapped or non-disabled citizens.

2. REACHABILITY. Provisions shall be adapted and introduced to the

physical environment so that as many places or buildings as possible can be

reached by all.

3. USABILITY. The built environment shall be designed so that all

persons, whether they be disabled or not, may use and enjoy it.

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4. ORIENTATION. Finding a person's way inside and outside of a

building or open space shall be made easy for everyone.

5. SAFETY. Designing for safety insures that people shall be able to move

about with less hazards to life and health.

6. WORKABILITY AND EFFICIENCY. The built environment shall be

designed to allow the disabled citizens to participate and contribute to

developmental goals.

Rule III: Specific Requirements for Buildings and Related Structures for

Public Use

1. CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:

1. Occupancy classified by categories enumerated in Section 701 of the

National Building Code (PD 1096) are hereby adapted

1. Category I - Residential -This shall comprise Group A and

partly Group B Buildings

2. Category II - Commercial and Industrial -This shall comprise

partly Groups B, C, E, F, G, H, and I Buildings

3. Category III - Educational and Industrial - This shall comprise

partly Group C, D, E, and H Buildings

4. Category IV - Agricultural - This shall comprise partly Group

Buildings.

5. Category V - Ancillary - This shall comprise partly Group J

Buildings

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2. ARCHITECTURAL FEATURES AND FACILITIES: Where the following

features and facilities are: architectural design requirements in accordance with

generally accepted architectural practice, the same include the corresponding

graphic signs.

1. Architectural facilities and features:

A. Stairs

B. Walkways

C. Corridors

D. Doors and Entrances

E. Washrooms and Toilets

F. Lifts/Elevators

G. Ramps

H. Parking Areas

I. Switches, Controls, Buzzers

J. Handrails

K. Thresholds

L. Floor Finishes

M. M Drinking Fountains

N. N Public Telephones

O. O Seating Accommodations

4. CATEGORY II

The following requirements shall apply to both government and privately owned

buildings.

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3. Group E-1

4. Ports and harbor facilities, landing piers, sheds, ferry

landing stations Barrier-free facilities and features required in A, B, C, D,

E, F, G, H, I, J, K, L, M, N and O.

4. Group E-2

1. Shopping centers and supermarkets and public market Barrier-

free facilities and features required in A, B, C, D, E, F, G H, I, J, K, L, and

N.

2. Restaurants, dining and drinking establishments Barrier-free

facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.

3. Office Buildings Barrier-free facilities and features required in

A, B, C, D, E, F, G, H, I, J, K, L, and N.

5. CATEGORY III

1. Group C

1. Libraries, museums, exhibition halls and art galleries Barrier-

free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N,

and O.

6. CATEGORY IV

1. Agricultural buildings Barrier-free facilities and features required in:

A, B, C, D, G, H, I, J, K, and L.

9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES

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1. Graphic signs shall be bold and conspicuously installed in every

access from point of entry to connecting destination.

2. Walkways shall be provided with adequate passageway in

accordance with the provision.

3. Width of corridors and circulation system integrating both and

vertical access to ingress/egress level of the building shall be provided.

4. Doors and entrances provided herein used as entry points at

entrance lobbies as local points of congregation shall be designed to open

easily or accessible from floor to floor or to any point of destination.

5. Washroom and toilets shall be accessible and provided with

adequate turning space.

6. Ramps shall be provided as means of access to level of change

going to entry points and entrances, lobbies influenced by condition of

location or use.

7. Parking areas shall be provided with sufficient space for the

disabled persons to allow easy transfer from carpark to ingress/egress

levels.

8. Height above the floor of switches and controls shall be in

accordance with the provisions.

9. Handrails shall be provided at both sides of ramps.

10. Floors provided for every route of the wheelchair shall be made

of nonskid material.

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11. Water fountains shall be installed as required. (Refer to

Appendix A for the illustrations of Rules II and III complementing Rule II

of the previous implementing rules and regulations).

Rule IV - Requirements for Public Transportation

1. Classification of public conveyances by mode of transport shall be as follows:

1. Land Transportation - This shall refer to buses having a minimum

seating capacity of 50 persons for regular buses and 40 persons for air-

conditioned buses. This shall include regular city buses, regular provincial buses,

air-conditioned city buses (Love Bus and Pag-ibig Bus) and air-conditioned

tourist and provincial buses.

2. Water Transportation - This shall refer to domestic passenger ships,

ferry boats and other water transportation vessels.

2. No franchise or permit to operate public transportation units shall be granted,

issued or renewed unless such units are constructed or renovated in accordance

with the requirements.

3. If feasible, all owners or operators of existing public transport utilities shall

modify or renovate their units to accommodate disabled persons.

4. The construction or renovation of public transport utilities covered by these

rules shall be subject to compliance with the body designs and specifications as

provided under existing rules and regulations.

5. Posters or stickers shall be conspicuously displayed inside the units.

6. Public transportation shall have designated seats for disabled persons.

1. In domestic shipping, each vessel shall:

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a. Allocate on a per class-basis, areas for disabled passengers.

These areas shall be nearest to the entrance and/or exit door ways of the

vessels.

b. Give priority to disabled passengers' embarkation and

disembarkation through the assignment of "time windows."Disabled

passengers shall be given a twenty (20) minute period to embark ahead of

the three (3) hour embarkation time prior to the ship's departure; and shall

be allocated a maximum of one (1) hour for disembarkation after the ship's

arrival.

7. The designated seats shall be identified by the International Symbol of Access.

8.. At least one deck in passenger ships shall be provided with accessible ramps,

passageways, access to gangways, galleys, safety equipment and

bunks/berths/cabins with dimensions conforming with the requirements.

Rule V - Administration and Enforcement

1. Responsibility for Administration and Enforcement The administration and

enforcement of the provision of these Rules and Regulations shall be vested in the

Secretary of Public Works and Highways and the Secretary of Transportation and

Communications, in accordance with the functions and jurisdiction of their

respective Departments as provided for by laws as follows.

1. The Secretary through the Heads of attached agencies of the

Department of Public Works and Highways, with the technical assistance of the

Building Research Development Staff, shall administer and enforce the provisions

of these Rules and Regulations through the City/Municipal Engineer who shall

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also act as Local Building Official pursuant to Section 477 of R.A. 7160,

otherwise known as the Local Government Code of 1991 and as applied to the

following:

1. Buildings and related structures including public transport

terminals

2. Streets and Highways

2. The Secretary of Transportation and Communications shall administer

and enforce the provisions of these Rules and Regulations through the Heads of

Line and Attached Agencies of the Department as follows:

1. Maritime Industry Authority - In respect to the development,

promotion, and regulation of all enterprises engaged in business of

designing, constructing, manufacturing, acquiring, operating, supplying,

repairing and/or maintaining vessels or components thereof; of managing

and/or operating shipping lines, shipyards, dry docks, marine railway,

marine repair shops, shipping and freight forwarding agencies and similar

enterprises; issuance of license to all water transport vessels.

2.. Philippine Ports Authority - In respect to the planning,

development, financing, construction, maintenance and operation of ports,

port facilities, port physical plants, and all equipment used in connection

with the operation of a port.

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PD 857

PRESIDENTIAL DECREE NO. 857

PROVIDING FOR THE REORGANIZATION OF PORT

ADMINISTRATION AND OPERATION FUNCTIONS IN THE

PHILIPPINES, REVISING PRESIDENTIAL DECREE NO. 505 DATED

JULY 11, 1974, CREATING THE PHILIPPINE PORT AUTHORITY, BY

SUBTITUTION, AND FOR OTHER PURPOSES.

ARTICLE I. TITLE

Section 1. Title. This Decree shall be known as the Revised Charter of the

Philippine Ports Authority created under Presidential Decree No. 505 dated July

11,1974.

ARTICLE IV. ESTABLISHMENT, CONSTITUTION, POWERS AND DUTIES

Section 4. Creation of Philippine Ports Authority –

(a) There is hereby established a body corporate to be known as the Philippine

Ports Authority (hereinafter called the Authority), which shall be attached to the

Department of Public Works, Transportation and Communications.

(b) The principal office of the Authority shall be located in Metropolitan Manila,

but it may establish port management units and other offices elsewhere in the

Philippines as may become necessary for the proper conduct of its business.

Section 5. Port district – The Authority may, from time to time, submit to the

President, through the National Economic and Development Authority,

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applications for the declaration of specific areas as Port Districts. Such application

shall be accompanied by survey plan indicating the geographical location if the

area or areas to be declared as Port Districts with their respective boundaries

properly delineated.

Section 6. Corporate Powers and Duties -

(a) The corporate duties of the Authority shall be:

(1) To formulate in coordination with the National Economic and

Development Authority a comprehensive and practicable Port Development plan

for the State and to program its implementation, renew and update the same

annually in coordination with other national agencies.

(2) To supervise, control, regulate, construct, maintain, operate, and

provide such facilities or services as are necessary in the ports vested in , or

belonging to the Authority.

(3) To prescribe rules and regulations, procedures, and guidelines

governing the establishment, construction, maintenance, and operation of all other

ports, including private ports in the country.

(4) To license, control, regulate, supervise any construction or structure

within any Port District.

(5) To provide services (whether on its own, by contact, or otherwise)

within the Port districts and the approaches thereof, including but not limited to

- berthing, towing, mooring, moving, slipping, or docking, any vessel;

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- loading or discharging any vessel;

-sorting, weighing, measuring, storing, warehousing, or otherwise

handling goods.

(6) To exercise control of or administer any foreshore rights or leases

which may be vested in the authority from time to time.

(7) To coordinate with the Bureau of Lands or any other government

agencies or corporation, in the development of any foreshore area.

(8) To control, regulate and supervise pilot age and the conduct of pilots in

any Port Districts.

(9) To provide or assists in the provision of training programs and training

facilities for its staff, or staff of port operators and users for the efficient discharge

of its functions, duties, and responsibilities.

(10) To perform such acts or provide such services as may be deemed

proper or necessary to carry out and implement the provision of this Decree.

(b) The corporate powers of the Authority shall be as follows:

(1) To succeed in its corporate name

(2) To sue and be sued

(3) To adopt, alter, and use a corporate seal which shall be judicially

noticed.

(4) To adopt, amend its by-laws.

(5) To create or alter its own organization or any Port Management Unit,

and staff such as an organization or Port Manager unit with appropriate and

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qualified personnel in accordance with what may be deemed proper or necessary

to achieve the objectives of the Authority.

(6) To make or enter contracts of any kind or nature to enable it to

discharge its functions under this Decree.

(7) To acquire, purchase, own lease, mortgage, sell, or otherwise, dispose

of any land, port facility, wharf, quay, or property of any kind, whether movable

or immovable.

(8) To exercise the right of eminent domain, by expropriating the land or

areas surrounding the Port or harbor, which in the opinion of the Authority, are

vital or necessary for the total development of the Port District.

(9) To levy dues, rates, or charges for the use of the premises, works,

appliances, facilities, or for services provided by or belonging to the Authority, or

any other reorganization concerning with port operations.

(10) To reclaim, excavate, enclose, or raise any part of the lands vested in

the Authority.

(11) To acquire any undertaking affording or intending to afford facilities

for the loading and discharging or warehousing of goods in the Port Districts.

(12) To acquire any undertaking affording or intending to afford facilities

for the loading and discharging or warehousing of goods in the Port Districts.

(13) To supply water or bunkers for ship.

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(14) To obtain insurance for or require the insurance of any property,

movable or immovable, belonging to the Authority and/or goods in the custody of

the Authority.

(15) To do all such other things and to transact all such business directly

or indirectly necessary, incidental or conducive to the attainment of the purposes

of the Authority.

(16) Generally, to exercise all the powers of a corporation under the

Corporation Law insofar as they are not inconsistent with the provisions of this

Decree.

Section 7. Board of Directors –

(a) The corporate power of the Authority shall be vested in a Board of Directors,

which shall consist of the following members:

(1) The Secretary of Public Works, Transportation and Communications,

who shall act as Chairman.

(2) The General Manager of the Authority, who shall act as Vice

Chairman.

(3) The Director-General of National Economic and Development

Authority.

(4) The Secretary of Finance.

(5) The Secretary of Natural Resources.

(6) The Secretary of Trade.

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The Directors listed under subsections (a)(1) to (6) shall be ex-officio

members of the Board of Directors.

(7) One (1) other person who shall be appointed by the President of the

Philippines, representing the private sector, who by reason of his knowledge or

expertise, is, in the opinion of the President, fit and proper person to be Director

of the Board. Provided, That, in the absence of the Director appointed in

subsections (3) to (6), the Director concerned shall designate the officer next in

rank to himin his department or office to act on his behalf as Director.

(b) The Director from the private sector shall hold office for a period of three

years from the date of his appointment and shall be eligible for reappointment

upon the completion of such period.

(c) The members of the Board of their respective alternates shall receive a per

diem as it may approve for each Board meeting actually attended by them:

Provided, That, such per diems shall not exceed one thousand pesos during any

one month for each member: Provided, further, That no other allowances or any

form of compensation shall be paid them, except actual expenses in travelling to

or from their residences to attend Board Meetings.

ARTICLE V. ORGANIZATION AND STAFF

Section 8. Management and Staff

(a) The President shall, upon the recommendation of the board, appoint the

General Manager and the Assistant General Managers.

(b) All other officials and employees of the Authority shall be selected and

appointed on the basis of merit and fitness based on comprehensive and

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progressive merit system to be established by the Authority immediately upon its

organization and consistent with Civil Service rules and regulations. The

recruitment, transfer, promotion, and dismissal of all personnel of the Authority,

including temporary workers, shall be governed by such merit system.

(c) The General Manager shall, subject to the approval of the Board, determine

the staffing pattern and the numbers of personnel of the Authority, define their

duties and responsibilities, and fix their salaries and emoluments. For professional

and technical positions, the General Manager shall recommend salaries and

emoluments that are comparable to those of similar positions in other

government-owned corporations, the provisions of existing rules and regulations

on wage and position classification notwithstanding.

(d) The General Manager shall, subject to the approval by the Board, appoint and

remove personnel below the rank of assistant General Manager.

(e) The General Manager of the Authority shall receive a salary to be determined

by the Board, and approved by the President.

(f) The number of Assistant General Managers of the Authority shall in no case

exceed Three (3) who shall each receive a salary to be determined by the Board

and approved by the President.

Section 9. General Powers and Duties of the General Manager and Assistant

General Managers.

(a) General Powers and Duties of General Manager.

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The General Manager shall be responsible to the Board, and shall have the

following general powers, functions, and duties:

(1) To implement, enforce and apply the policies, programs, guidelines,

procedures, decisions, rules and regulations promulgated, prescribed, issued or

adopted by the Authority.

(2) To manage the day to day affairs of the Authority, and ensure the

operational efficiency of the Ports under the jurisdiction and ownership of the

Authority.

(3) To sign contracts, to approve expenditures and payments within the budget

provisions, and generally to do any all acts or things for the proper operations of

the Authority or any of the Ports under the jurisdiction, control or ownership of

the Authority.

(4) To submit an annual budget to the Board for Recurrent Income and

Expenditures and the Estimated Capital Expenditures for its option not later than

two months before the commencement of the ensuing fiscal year.

(5) To undertake research, studies, investigations, and other activities and

projects, and to submit comprehensive reports and appropriate recommendations

to the Board for its information and approval.

(6) To perform such other duties as the Board may assign from time to time.

(b) General Powers and Duties of the Assistant General Managers

The Assistant General Managers shall be responsible to the General Managers of

the Authority, and shall have the following general powers, functions and duties:

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(1) To assist the General Manager in implementing, enforcing, and

applying the policies, programs, guidelines, procedures, decisions, rules and

regulations promulgated, prescribed, issued, or adopted by the Authority.

(2) To assist the General Manager in the Performance of his other

functions and duties.

(3) To perform such other duties as the General Manager may assign from

time to time.

ARTICLE VI. CAPITAL, FINANCE AND ACCOUNTS

Section 10. Capital

(a) The authorized capital of the Authority shall be three billion pesos

(b) The initial paid up capital shall consist of:

(1) The value of assets (including port facilities, quays, wharves, and

equipment) and such other properties, movable and immovable as may be

contributed by the Government or transferred by the Government or any of its

agencies as valued at the date of such contribution or transfer and after deducting

or taking into account the loans and other liabilities of the Authority at the time of

the takeover of the assets and other properties.

(2) The initial cash appropriation of P2 million out of the funds of the

National Treasury and such further sums, including working capital, as may be

contributed by the Government.

Section 11. Creation of Reserves - The balance of any revenue or income ofthe

Authority remaining at the end of each year shall be applied to the creation of

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ageneral reserve or such other reserves as the Authority in such government

securities approved by the Board. Section 12. Investments of Funds - The

Authority may, from time to time, invest any of its funds not immediately

required to be expended in meeting its obligations or in the discharge of the

functions of the Authority may deem appropriate.

Section 13. Borrowing Powers-

(a) The Authority may after consultation with the Central Bank and the

Department of Finance, and the approval of the President of the Philippines, raise

funds, either from local or international sources, by law of loans , credits, or issue

bonds, notes, debentures, securities, and other borrowings, and other voluntary

liens or encumbrances on any of its assets or properties.

(b) All loans contracted by the Authority under this Section together with all

interest and other sum payable in respect thereof, shall constitute a charge upon

all the revenue and assets of the Authority and shall rank paripassu with one

another, but shall have priority over any other claim or charge on the revenue and

assets of the Authority: Provided, That this provision shall not be construed as a

prohibition or restriction on the power of the Authority to create pledges,

mortgage and other voluntary liens or encumbrances on any property of the

Authority.

(c) Except as expressly authorized by the President of the Philippines, the total

outstanding indebtedness of the Authority of the Authority in the principal

amount in local and foreign currency shall not at any time exceed the network of

the Authority at the relevant time.

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(d) The president of the Philippines, by himself or through his duly authorized

representative, is further hereby authorized to guarantee in the name and on behalf

of the Republic of the Philippines, the payments of the loans or other indebtedness

of the Authority up to the amount herein authorized.

(e) All interest to paid or payable by the Authority on its loans or other forms of

indebtedness shall be exempt from taxes of whatsoever nature.

Section 14. Annual Budget

(a) The Board shall every year cause to be prepared and shall adopt annual budget

estimates of income and expenditures and estimates of capital expenditure of the

Authority for the ensuing year.

(b) Supplementary estimates may be adopted at any of the meetings of the Board.

Section 15. Annual Accounts

(a) The Board shall cause proper accounts and other records of the Authority in

relation thereto to be kept. An annual statement of account shall be rendered in

respect to each year. The Authority shall maintain such accounts and other

records under a commercial system of accounting.

(b) The accounts of the Authority shall be kept and made up to 31 December in

each year.

(c) The annual statement of accounts of the Authority shall present a true and fair

value of the financial position of the Authority for the year to which it relates.

Section 16. Auditor

(a) In consonance with existing laws and regulations, the Commission on audit

shall be appointed to audit the accounts of the authority. In the fulfillment of

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international contractual commitments of the Authority, however, the Board may

engage the service of any person or firm duly authorized by law for the audit of

accounts of the Authority.

(b) The Auditor shall be paid out of the revenue of the Authority such

remuneration, compensation or expenses, compensation or expenses as the Board

may determine.

Section 17. Auditor’s Report – The Auditor shall as soon as practicable, but not

later that three months after the accounts have been submitted for audit, send an

annual report to the Board. The Auditor may also submit such periodical or

special reports to the Board as may to him appear necessary.

Section 18. The Board shall submit to the President of the Philippines together

with the Auditor’s Report on the relevant accounts, an annual report generally

dealing with the activities and operations of the Authority during the preceding

and year and containing such information relating to the proceedings and policies

of the Authority.

ARTICLE VII. DUES AND RATES

Section 19. Dues. The President of the Philippines may upon their commendation

of the Authority increase or decrease such dues, collectible by the Authority to

protect the interest of the Government and to provide a satisfactory return on the

Authority’s assets, and may adjust the schedule of such dues so as to reflect the

costs of providing the services; Provided, however, that the rates of dues on all the

ports of the Philippines upon the coming into operation of this Decree shall be

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those new provided under Parts 1, 2, 3, and 6 of the Title VII of Book II and

Customs Code, until such time that the President upon recommendation of the

Board may order that the adjusted schedule of dues are in effect.

Section 20. Rates and Charges.

(a) The Authority may impose, fix prescribe, increase such rates, charges or faces

for the use of port premises, works, appliances or equipment belonging to the

Authority and port facilities provided, and for services rendered by the Authority

or by any private organization within a Port District.

(b) The Authority shall regulate the rates or charges for port related services so

that taking on year with another, such rates or charges furnish adequate working

capital and produce an adequate return on the assets of the Authority. In

regulating the rate or charges for individual ports the Authority shall take into

account the development needs of the port’s hinterland.

(c) All dues, fees and charges and other sums imposed and collected by the

Authority shall accrue to the Authority and shall be disposed of in accordance

with the provisions of this Decree.

Section 21. Remission of Dues, Rates and Charges – No amount due in respect of

dues, rates and charges prescribed by the Authority under this Decree shall be

waived or reduced except:

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(a) Where the State has arrangements with a foreign government in respect of

vessels to that foreign government and such vessels are not normally engaged in

the conveyance of cargo or passengers; and

(b) For vessels seeking shelter from inclement weather or entering the port for

medical help and other marine necessity.

Section 22. Remedies for Nonpayment - If the master, owner, or agent of any

vessel refuses or neglect to pay on demand any dues, rates, or charges made under

this Decree or any part thereof, the Authority may, in addition to any other

remedy provided by law, distrain or arrest on its own authority such vessel and

tackle, apparel or furniture belonging to the vessel, and detain the same until the

amount due have been paid.

Section 23. When Rates Payable and Lien.

(a) Rates or charges in respect of goods to be landed become payable immediately

on loading such goods.

(b) Rates or charges in respect of goods to be shipped are payable before the

goods are loaded.

(c) Rates or charges in respect of goods to be removed from the premises of the

Authority are payable on demand.

(d) For the Amount of rates of charges leviable under this Decree in respect of

goods, the Authority shall have a lien on such goods and is entitled to detain them

until the amount of rates or charges is fully paid. Such lien shall have priority over

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all other liens and claims, except claims for duties and taxes due to the

Government and expenses of the sale.

Section 24. Recovery of Lien - Without prejudice to the authority and rights of the

Bureau of Customs on the disposition of property in Customs custody as provided

for in the Tariff and Customs Code, as amended, if any goods which have been

placed in or on the premises of the Authority are not removed there from within

the prescribed period after the legal permit for their withdrawal and/or release

from Customs custody, or the authority to load, in case of exports, has been issued

by the Bureau of Customs, may dispose of any such goods in the manner as it

deems fit in order to recover the lien; Provided, That the proceeds of the sale shall

be applied in the following manner:

(a) Firstly, in payment of duties and taxes due to the Government;

(b) Secondly, in payment of expenses of the sale;

(c) Thirdly, in payment of the rates, charges, and fees due to the Authority in

respect of the goods;

(d) Fourthly, in payment of freight, lighterage or general average, on the voyage

of importation and in case of exports, in payment of domestic freights, lighterage

and cartage, of which due notice shall have been given to the Authority;

(e) And finally, in rendering on demand the surplus, if any, to the person legally

entitled thereto: Provided, That in case no such demand is made between a period

of one year from the date of sale of the goods, the surplus, if any, shall become

part of the general funds of the Authority, whereupon all rights to the same by

such person shall be extinguished.

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Section 25. Exemption from Realty Taxes. - The Authority shall be exempt from

the payment of real property taxes imposed by the Republic of the Philippines, its

agencies, instrumentalities or political subdivisions; Provided, That no tax

exemptions shall be extended to any subsidiaries of the Authority that may be

organized; Provided, finally, That investments in fixed assets shall be deductible

for income tax purposes.

ARTICLE VIII. PORT REGULATIONS

Section 26. Power to make Port Regulation

(a) The Authority may, after consultation with relevant Governing agencies, make

rules or regulations for the planning, development, construction, maintenance,

control, supervision and management of any Port or Port District and the services

to be provided therein, and for the maintenance of good order therein, and

generally for carrying out the maintenance of good order therein, and generally

for carrying out the process of this Decree.

(b) The Authority may provide separate regulations for each category of ports or

port districts.

Section 27. Dangerous Cargo

(a) The Authority may make regulations for the conveyance, loading, discharging

and storage of the dangerous goods within any port, port district, and the

approaches to the port.

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(b) The Authority may provide separate regulations for each category of ports or

port districts.

Section 28. Powers of Harbor Master - Further to the provisions of any regulation

under Section 26 and 27 of this Decree, the Authority thru the Harbor Master of a

Port or Port Districts may:

(a) Direct where any vessel shall be berthed, moored, or anchored, and the method

of anchoring within the port and the approaches to the port;

(b) Direct and removal of any vessel from any berth or anchorage to another berth

or anchorage and the time within which such removal is to be affected; and

(c) Regulate the mooring of vessels within the port and the approaches to the port.

Section 29. Existing Regulations - Anything to the contrary notwithstanding and

until new rules or regulations are promulgated by the Authority under Sections 26

and 27 of this Decree, the rules, regulations or orders made under the Customs

Code or any other law of the Philippines relating to the matters covered by

Sections 26, 27 and 28 shall continue to apply as if they were made under said

sections and any reference to a customs official or any other officials under any

law of the Philippines shall be deemed a reference to an equivalent official of the

authority.

ARTICLE IX. TRANSFER OF ASSETS AND LIABILITIES

Section 30. Transfer of Existing and Completed Physical facilities. – In

accordance with the transitory provisions of this Decree, there shall be transferred

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to the Authority all existing and completed public port facilities, quays, wharves,

docks, lands, buildings and other property, movable or immovable, belonging to

those ports declares as Port Districts for purposes of this Decree.

Section 31. Transfer of Intangible Assets - In accordance with the transitory

provisions of this Decree, there shall be transferred to the Authority all intangible

assets, powers, rights, foreshore rights, interest and privileges belonging to the

Bureau of Customs, and Bureau of Public Works and other agencies relating to

port works or port operations, subject to terms to be arranged by and between the

Authority and agencies concerned. Any disagreement relating to such transfer

shall be elevated to the President for decision.

Section 32. Projects in Progress - In accordance with the transitory provisions of

this Decree, all ongoing projects relating to the construction of ports and port

facilities shall be continued by the agency or agencies involved until completion.

After completion, such projects shall be transferred to the Authority in accordance

with the agreement among agencies concerned. Any disagreement relating to such

transfer shall be elevated to the President for decision.

Section 33. Transfer of Liabilities and Debts - Upon the transfer and acceptance

by the Authority of the existing physical facilities, intangible assets, and

completed projects referred to in the Sections immediately preceding, all debts,

liabilities, and obligations of the Bureau of Customs, the Bureau of Public Works,

and other government agencies or entities concerned in respect of such physical

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facilities, intangible assets and completed projects within the Port Districts shall

likewise be transferred to or deemed incurred by the Authority.

Section 34. The Philippine Coast Guard shall retain ownership of its properties

and facilities which are necessary for the enforcement of laws, rules and

regulations pertaining to safety of life and property at sea (SOLAS) found within

ports and port districts and shall continue to administer, operate and maintain the

same as well as assume the obligations and liabilities pertaining to such properties

and facilities. All other properties and facilities of the Philippine Coast Guard

found within ports and port districts, including all obligations and liabilities

related thereto shall be deemed transferred to the Authority in accordance with

Section 33 of this Decrees.

Section 35. Transfer of Staff - Officials and employees of existing offices or

agencies, or their subordinate units, which are abolished or reorganized under this

Decree may be absorbed by the Authority on the basis of merit and fitness:

Provided, That those officials and employees who are deemed qualified under

both the Authority and the reorganized office, agency or unit shall have the option

to either transfer or remain in their present office, agency unit, or alect to be

separated from the service with all the benefits they may be entitled to under

existing laws: Provided, further, That those who do not qualify under the

Authority shall be retained in the office or agency in which the unit was

abolished.

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Section 36. Gratuity and other Benefits - All officials and employees whose

service are terminated as a result of this Decree shall be given gratuities

equivalent to one month’s salary for every year of continuous satisfactory service

rendered but not exceeding twelve months on the basis of highest salary received,

in addition to whatever benefits accorded to them by existing laws.

FOOD SAFETY ACT OF 2013

REPUBLIC ACT NO. 10611

AN ACT TO STRENGTHEN THE FOOD SAFETY REGULATORY

SYSTEM IN THE COUNTRY TO PROTECT CONSUMER HEALTH AND

FACILITATE MARKET ACCESS OF LOCAL FOODS AND FOOD

PRODUCTS, AND FOR OTHER PURPOSES

ARTICLE I

DECLARATION OF POLICY AND OBJECTIVES

SECTION 1.  Short Title. – This Act shall be known as the “Food Safety Act of

2013″.

SEC. 2. Declaration of Policy. – Section 15, Article II of the 1987 Philippine

Constitution declares that the State shall protect and promote the right to health of

the people and instil health consciousness among them. Furthermore, Section 9,

Article XVI provides that the State shall protect consumers from trade

malpractices and from substandard or hazardous products. Toward these ends, the

State shall maintain a farm to fork food safety regulatory system that ensures a

high level of food safety, promotes fair trade and advances the global

competitiveness of Philippine foods and food products.

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SEC. 3. Objectives. – To strengthen the food safety regulatory system in the

country, the State shall adopt the following specific objectives:

(a) Protect the public from food-borne and water-borne illnesses and

unsanitary, unwholesome, misbranded or adulterated foods;

(b) Enhance industry and consumer confidence in the food regulatory system;

and

(c) Achieve economic growth and development by promoting fair trade

practices and sound regulatory foundation for domestic and international trade.

Towards the attainment of these objectives, the following measures shall be

implemented:

(1) Delineate and link the mandates and responsibilities of the government

agencies involved;

(2) Provide a mechanism for coordination and accountability in the

implementation of regulatory functions;

(3) Establish policies and programs for addressing food safety hazards and

developing appropriate standards and control measures;

(4) Strengthen the scientific basis of the regulatory system; and

(5) Upgrade the capability of farmers, fisher folk, industries, consumers and

government personnel in ensuring food safety.

ARTICLE III

BASIC PRINCIPLES OF FOOD SAFETY

SEC. 5. Food Safety Requirements. – To ensure food safety, the following general

guidelines shall be observed:

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(a) In determining whether food is unsafe, the following shall be considered:

(1) The normal conditions of the use of food by the consumer;

(2) The normal conditions maintained at each stage of primary production,

processing, handling, storage and distribution;

(3) The health of plants and animals from where the food is derived;

(4) The effect of feeds, crop protection chemicals and other production

inputs on otherwise healthy plants and animals; and

(5) The information provided to the consumer. This includes the

information provided on the label or any information generally available to the

consumer. This should aid consumers in avoiding specific health effects from a

particular food or category of foods.

(b) In determining whether food is injurious to health, regard shall be given to the

following:

(1) The probable immediate, short-term or long-term effects on subsequent

generations of that food on health;

(2) The probable cumulative effects; and

(3) The particular health sensitivities of a specific category of consumers

where the food is intended for that category.

(c) In determining whether food is unfit for human consumption, regard shall be

given to the unacceptability of the food according to its intended use due to

contamination by extraneous matter or through putrefaction, deterioration or decay;

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(d) Where unsafe food is part of a batch, lot or consignment of food of the same

class or description, it shall he presumed that all food in that hatch, lot or consignment is

also unsafe;

(e) Food that complies with specific national law or regulations governing food

safety shall be deemed safe insofar as the aspects covered by national law and regulations

are concerned. However, imported food that is declared unsafe by the competent

authority of the exporting country after entry into the country shall be withdrawn from

the market and distribution channels; and

(f) Compliance of a food product with specific standards applicable to a specific

food shall not prohibit the competent authorities to take appropriate measures or to

impose restrictions on entry into the market or to require its withdrawal from the market,

where there is reason to suspect that such food product shows food safety related risks.

ARTICLE IV

GENERAL PRINCIPLES

SEC. 6. Food Law Objectives. – Food law shall aim for a high level of food safety,

protection of human life and health in the production and consumption of food. It shall

also aim for the protection of consumer interests through fair practices in the food trade.

SEC. 7. Use of Science-based Risk Analysis. – The following shall guide the use of

science and risk analysis in food safety regulation:

(a) The development of food safety legislation and standards and the conduct of

inspection and other official control activities shall be based on the analysis of risk,

except where this approach is not feasible due to circumstances, or due to the nature of

the control measure;

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(b) Risk assessment shall be based on sound scientific evidence and shall be

undertaken in an independent, objective and transparent manner. Scientific information as

obtained from scientific literature, epidemiological and monitoring studies and other data

that supports the risk assessment shall be used;

(c) Risk management shall take into account the results of risk assessment

relevant to local conditions, potential for enforcement, cost of compliance and others as

may be relevant to the situation;

(d) Risk communication shall he carried out between risk assessors and risk

managers in a transparent manner. Food safety risks shall also be communicated to

farmers, fisher folk and food business operators to encourage compliance with the

implementation of control measures and to relevant sectors of society affected by the law

or the risks addressed in order to strengthen confidence in its provisions; and

(e) Food business operators shall be encouraged to implement a HACCP-based

system for food safety assurance in their operations.

SEC. 8. Protection of Consumer Interests. – The protection of consumer interest shall be

geared towards the following:

(a) Prevention of adulteration, misbranding, fraudulent practices and other

practices which mislead the consumer; and

(b) Prevention of misrepresentation in the labelling and false advertising in the

presentation of food, including their shape, appearance or packaging, the packaging

materials used, the manner in which they are arranged, the setting in which they are

displayed, and the product description including the information which is made available

about them through whatever medium. Where relevant, the presentation of goods shall

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provide consumers a basis to make informed choices in relation to the food they

purchase.

SEC. 9. Setting of Food Safety Standards. – The DA and the DOH shall set the

mandatory food safety standards. The following shall guide the setting of standards:

(a) Standards shall be established on the basis of science, risk analysis, scientific

advice from expert body/bodies, standards of other countries, existing Philippine National

Standards (PNS) and the standards of the Codex Alimentarius Commission (Codex),

where these exist and are applicable;

(b) Codex standards shall be adopted except when these are in conflict with what

is necessary to protect consumers and scientific justification exists for the action taken;

(c) The DA and the DOH shall establish the policies and procedures for country

participation at Codex and the incorporation of Codex standards into national regulations.

The current National Codex Organization (NCO) is herein designated as the Body to

serve this purpose. The DA and the DOH shall designate a third level officer as

coordinator for Codex activities for their respective departments; and

(d) Participation at Codex shall be in accordance with the principles of this Act

and shall be financially supported by the government.

SEC. 10. Precaution. –  In specific circumstances when the available relevant information

for use in risk assessment is insufficient to show that a certain type of food or food

product does not pose a risk to consumer health, precautionary measures shall be

adopted. When such precautionary measures are issued, the following rules shall govern:

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(a) The adopted measure shall remain enforced pending the submission of

additional scientific information based on the nature of the risk and type of information

needed to clarify the scientific uncertainty; and

(b) The measure shall be no more restrictive to trade than required and should be

proportionate to the level of protection required for consumers.

SEC. 11. Transparency. – The implementing agencies shall conduct public consultation

and disseminate relevant information to ensure the following:

(a) Public consultation during the preparation, evaluation and revision of food

legislation shall be open, transparent and direct or through representative bodies unless

the urgency of the problem does not allow it; and

(b) In cases where it is suspected that food may pose a risk to human health,

regulatory authorities shall take appropriate steps to inform the general public about the

nature of the risk to health, the affected foods, types of food and the necessary measures

to prevent, reduce or eliminate the risk.

SEC. 12. Application to Trade. – Foods imported, produced, processed and distributed

for domestic and export markets shall comply with the following requirements:

(a) Food to be imported into the country must come from countries with an

equivalent food safety regulatory system and shall comply with international agreements

to which the Philippines is a party;

(b) Imported foods shall undergo cargo inspection and clearance procedures by

the DA and the DOH at the first port of entry to determine compliance with national

regulations. This inspection by the DA and the DOH shall always take place prior to

assessment for tariff and other charges by the Bureau of Customs (BOC). The BOC and

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the Association of International Shipping Lines (AISL) shall provide the DA and the

DOH documents such as the Inward Foreign Manifest of Arriving Vessels to enable the

DA and the DOH to identify shipments requiring food safety inspection. Shipments not

complying with national regulations shall be disposed according to policies established

by the DA and the DOH; and

(c) Exported foods shall at all times comply with national regulations and

regulations of the importing country. Returned shipments shall undergo border inspection

clearance as provided in Section 12(b) hereof.

ARTICLE V

RESPONSIBILITIES ON FOOD SAFETY

SEC 13. Principal Responsibility of Food Business Operators. – Food business operators

shall ensure that, food satisfies the requirements of food law relevant to their activities in

the food supply chain and that control systems are in place to prevent, eliminate or reduce

risks to consumers.

SEC. 14. Specific Responsibilities of Food Business Operators. – Food business

operators shall have the following responsibilities under this Act:

(a) Food business operators shall be knowledgeable of the specific requirements

of food law relevant, to their activities in the food supply chain and the procedures

adopted by relevant government agencies that implement the law. They shall adopt, apply

and be well informed of codes and principles for good practices. Micro and small

industries shall be assisted to facilitate their adoption of such practices;

(b) If a food business operator considers or has reason to believe that a food

which it produced, processed, distributed or imported is not safe or not in compliance

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with food safety requirements, it shall immediately initiate procedures to withdraw the

food in question from the market and inform the regulatory authority;

(c) Food business operators shall allow inspection of their businesses and

collaborate with the regulatory authorities on action taken to avoid risks posed by the

food product/s which they have supplied, and

(d) Where the unsafe or noncompliant food product may have reached the

consumer, the operator shall effectively and accurately inform the consumers of the

reason for the withdrawal, and if necessary, recall the same from the market.

SEC. 15. Principal Responsibilities of Government Agencies. – The DA, the DOH, the

DILG and the LGUs shall have the following responsibilities:

(a) The DA shall be responsible for food safety in the primary production and

post-harvest stages of food supply chain and foods locally produced or imported in this

category;

(b) The DOH shall be responsible for the safety of processed and prepackaged

foods, foods locally produced or imported under this category and the conduct of

monitoring and epidemiological studies on food-borne illnesses;

(c) The LGUs shall be responsible for food safety in food businesses such as, but

not limited to, activities in slaughterhouses, dressing plants, fish ports, wet markets,

supermarkets, school canteens, restaurants, catering establishments and water refilling

stations. The LGU shall also be responsible for street food sale, including ambulant

vending;

(d) The DILG, in collaboration with the DA, the DOH and other government

agencies shall supervise the enforcement of food safety and sanitary rules and regulations

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as well as the inspection and compliance of business establishments and facilities within

its territorial jurisdiction;

(e) The LGUs may be called upon by the DOH and the DA to assist in the

implementation of food laws, other relevant regulations and those that will hereafter be

issued;

(f) The DA and the DOH shall capacitate the LGUs and provide necessary

technical assistance in the implementation of their food safety functions under their

jurisdiction. In compliance with tins responsibility, they shall provide training to the

DILG and the LGUs and shall periodically assess the effectiveness of these training

programs in coordination with the DILG; and

(g) The DA and the DOH, in cooperation with the LGUs, shall monitor the

presence of biological, chemical and physical contaminants in food to determine the

nature and sources of food safety hazards in the food supply chain.

SEC. 16. Specific Responsibilities of the Department of Agriculture. – The DA shall be

responsible for the development and enforcement of food safety standards and

regulations for foods in the primary production and post-harvest stages of the food supply

chain. It shall monitor and ensure that the relevant requirements of the law are complied

with by farmers, fisher folk and food business operators. Pursuant thereto, the DA

Secretary shall ensure that the food safety regulatory mandates and functions for fresh

plant, animal, fisheries and aquaculture foods of the DA agencies are clearly defined. The

agencies under the DA with food safety regulatory functions are the following:

(d) The Bureau of Fisheries and Aquatic Resources (BFAR), for fresh fish and

other seafoods including those grown by aquaculture;

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The Bureau of Agriculture and Fisheries Product Standards (BAFPS) shall develop food

safety standards including those for organic agriculture. The BAFPS shall establish the

mechanism for the development of science-based food safety standards for fresh plant,

animal, fisheries and aquaculture foods and shall use the services of experts from the

FSRA, other government agencies, academe and private sector.

The Food Development Center (FDC) of the NFA shall provide scientific support

in testing, research and training.

When necessary and when funds allow, the appropriate food safety units shall be

created within the above stated agencies. To strengthen these organizations, they shall be

provided with the necessary personnel out of the existing manpower of the DA.

Finally, the DA shall, in coordination with other government agencies, monitor

the presence of contaminants in foods of plant, animal and fishery origin and shall

formulate and implement measures to address incidents of food contamination.

SEC. 17. The Undersecretary for Policy and Planning, Research and Development

(R&D) and Regulations. – Oversight functions for the Food Safety Act shall be assigned

to the Undersecretary for Policy and Planning, R&D and Regulations.

The Undersecretary for Policy and Planning, R&D and Regulations shall directly

supervise the Food Development Center and the BAFPS and shall be the coordinator for

Codex activities at the DA and the Codex Contact Point.

The Undersecretary for Policy and Planning, R&D and Regulations shall be

provided with the necessary manpower and funds from existing resources to ensure the

smooth and efficient discharge of its functions.

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SEC. 18. Specific Responsibilities of the DOH. – The DOH shall bear the following

specific responsibilities:

(a) The DOH shall ensure the safety of all food processing and product packaging

activities.

(b) The FDA Center for Food Regulation and Research shall be responsible for

implementing a performance-based food safety control management system which shall

include, but not limited to, the following:

(1) Development of food standards and regulations;

(2) Post-market monitoring;

(3) Enforcement, of HACCP and other risk-based control measures;

(4) Strong participation in Codex and other international standard setting

bodies,

(5) Communication of risks and development of interactive exchange

among stakeholders;

(6) Establishment of laboratories for food safety and strengthening the

capabilities of existing laboratories;

(7) Development of a database of food safety hazards and food-borne

illness from epidemiological data;

(8) Strengthening R&D capabilities on product, safety and quality

standards; and

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(9) Certification of food safety inspectors.

(c) The Bureau of Quarantine (BOQ) shall provide sanitation and ensure food

safety in its area of responsibility in both domestic and international ports and airports of

entry, including in-flight catering, food service establishments, sea vessels and aircraft, as

provided for in the implementing rules and regulations (IRR) of Republic Act No. 9271

and Presidential Decree No. 856, otherwise known as the “Code on Sanitation of the

Philippines”.

(d) The National Epidemiology Center (NEC), the Research Institute of Tropical

Medicine (RITM) and the National Center for Disease Prevention and Control (NCDPC)

shall conduct and document epidemiological monitoring studies on food borne illnesses

for use in risk-based policy formulation. Food safety risk assessment bodies shall be

established for this purpose.

(e) The National Center for Health Promotion (NCHP) shall be responsible for

advocating food safety awareness, information and education to the public.

(f) The NCDPC shall strategize actions to help ensure the safety of food, reduce

the risk of food contamination and food-borne diseases, address the double burden of

micronutrient deficiencies and non-communicable diseases and to regularly evaluate the

progress made.

(g) The DOH and the FDA Center for Food Regulation and Research shall be

strengthened in terms of establishing food safety functional divisions and incremental

staffing of food safety officers and experts and be provided with funds including the fees

collected from services.

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SEC. 19. Specific Responsibilities of the DILG and the LGUs. – The DILG and the LGUs

shall bear the following responsibilities:

(a) The LGUs shall be responsible for the enforcement of the “Code on Sanitation

of the Philippines” (Presidential Decree No. 856, December 23, 1975), food safety

standards and food safety regulations where food is produced, processed, prepared and/or

sold in their territorial jurisdiction. This shall include, but shall not be limited to, the

following:

(1) Sanitation particularly in public markets, slaughterhouses, micro and

small food processing establishments and public eating places;

(2) Codes of Practice for production, post harvest handling, processing and

hygiene;

(3) Safe use of food additives, processing aids and sanitation chemicals;

and

(4) Proper labeling of prepackaged foods.

(b) The DILG shall support the DOH and the DA in the collection and

documentation of food-borne illness data, monitoring and research.

(c) The DILG and the LGUs shall participate in training programs, standards

development and other food safety activities to be undertaken by the DA, the DOH and

other concerned national agencies.

ARTICLE VI

FOOD SAFETY REGULATION COORDINATING

BOARD (FSRCB)

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SEC. 20. Powers and Functions. – There is hereby created a Food Safety Regulation

Coordinating Board, hereinafter referred to as the Board, with the following powers and

functions:

(a) Monitor and coordinate the performance and implementation of the mandates

of the DA, the DOH, the DILG and the LGUs in food safety regulation;

(b) Identify the agency responsible for enforcement based on their legal mandates

when jurisdiction over specific areas overlap;

(c) Coordinate crisis management and planning during food safety emergencies;

(d) Establish the policies and procedures for coordination among agencies

involved in food safety;

(e) Continuously evaluate the effectiveness of enforcement of food safety

regulations and research and training programs;

(f) Regularly submit reports to the Congressional Committees on Health,

Agriculture and Food, and Trade and Industry; and

(g) Accept grants and donations from local and international sources.

SEC. 21. Organization. – Within thirty (30) days from the effectivity of this Act, the

Secretaries of the DA, the DOH and the DILG shall organize the Board in accordance

with the following rules:

(a) The Board shall be chaired by the DOH Secretary and co-chaired by the DA

Secretary. The alternate chair for the DOH shall be the FDA Director General and the

alternate co-chair for the DA Secretary shall be the Undersecretary for Policy and

Planning, R&D and Regulations. The members of the Board shall be the heads of the

food safety regulatory agencies of the DA, the Director of the FDA Center for Food

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Regulation and Research, a representative field operator of the DILG with the rank of a

Director, the heads of Leagues of Barangays, Municipalities, Cities and Provinces and a

representative each from the DTI and the DOST with the rank of a Director. Directors of

other DOH agencies with food safety concerns shall join the meeting as it may be

deemed necessary by the DOH;

(b) Within twelve (12) months from the effectivity of this Act, the Board shall

submit a manual of procedures containing the rules for the conduct of meetings and

decision-making, among others;

(c) The Board shall be assisted by administrative and technical secretariat at the

DOH. Both the DOH and the DA shall establish functional divisions and shall organize

the administrative and technical personnel for the operation of the Board. The personnel

needed under this section shall be taken from the existing manpower of each department;

and

(d) Funds shall be allocated by the respective agencies concerned with food safety

to pay for the organization of meetings, participation of Board members, secretariat,

experts and the expenses of a working group to be created by the Board to prepare its

manual of procedures.

SEC. 22. Accountability for Food Safety Regulation. – The FSRAs of the DA and the

DOH, in coordination with the LGUs, shall be responsible in ensuring food safety at

various stages of the food supply chain within their specified mandates.

ARTICLE VIII

IMPLEMENTATION OF FOOD SAFETY REGULATIONS

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SEC. 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.

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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.

SEC. 27. Traceability. – Traceability shall be established for foods at relevant stages of

production, post-harvest handling, processing or distribution, when needed to ensure

compliance with food safety requirements. The rule on traceability shall also cover

production inputs such as feeds, food additives, ingredients, packaging materials and

other substances expected to be incorporated into a food or food product. To ensure

traceability, food business operators are required to:

(a) Be able to identify any person or company from whom they have been

supplied with:

(1) Food;

(2) A food-producing animal;

(3) Production chemicals as pesticides and drugs; and

(4) Production, post-harvest handling and processing inputs such as feeds,

food additives, food ingredients, packaging materials, or any substance expected

to be incorporated into food or food product.

(b) Establish and implement systems and procedures which allow the above

information to be available to the regulatory authorities on demand; and

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(c) Establish systems and procedures to identify the other businesses to which

their products have been supplied. This information shall be made available to the

regulatory authorities upon demand.

Traceability in case of food-borne disease outbreak shall be established by the National

Epidemiology Center (NEC) of the DOH.

SEC. 28. Licensing, Registration of Establishments. – Appropriate authorizations shall be

developed and issued in the form of a permit, license and certificate of registration or

compliance that would cover establishments, facilities engaged in production, post-

harvest handling, and processing, packing, holding or producing food for consumption in

accordance with the mandated issuances of regulatory agencies issuing such

authorizations. Special derogations shall be provided due to geographical location and

after an assessment of risks, especially for micro, small and medium-sized food business

operators and health products.

SEC. 29. Inspection of Food Business Operators. – Regular inspection of food business

operators shall be performed by the FSRAs or the control bodies delegated to conduct the

activity. In addition, the following rules shall be followed in the conduct of inspections:

(a) Inspection shall take into account compliance with mandatory food safety

standards, the implementation of HACCP, good manufacturing practices and other

requirements of regulations;

(b) The frequency of inspections shall be based on the assessment of risks.

Establishments producing high risk foods or carrying out high risk activities shall be

inspected more frequently;

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(c) Inspectors shall have defined skills on risk-based inspection and shall be

regularly evaluated based on suitable procedures to verify their continuing competence;

and

(d) Appropriate procedures shall be in place to ensure that the results of

inspection are interpreted in a uniform manner.

SEC. 30. Food Testing Laboratories. – The following shall guide the management and

operation of food testing laboratories:

(a) Food testing shall be carried out by laboratories accredited in accordance with

international standards. Those that are not currently accredited shall apply for

accreditation within a specified period of time;

(b) Testing shall be carried out using the internationally approved procedures or

methods of analysis that have been validated;

(c) Laboratories shall be organized and managed to prevent conflict of interest in

the conduct of testing;

(d) Laboratories shall be staffed with analysts with the required expertise and

professional competence, and

(e) FSRAs may recognize private testing laboratories accredited by the Philippine

Accreditation Office (PAO) of the DTI to support their testing needs.

FIRE CODE OF THE PHILIPPINES (P.D. 1185)

PROVISION ON FIRE SAFETY CONTRUCTION PROTECTIVE AND

WARNING SYSTEM -Owners, occupants or administrator of buildings, structures and

their premises or facilities, except such other buildings or structures as may be exempted

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in the rules and regulations under Section 6 hereof, shall incorporate and provide therein

fire safety construction, protective and warning system, and shall develop and implement

fire safety programs, to wit:

1) Fire Protection Features such as sprinkler systems, hose boxes, hose reels or standpipe

systems and other fire fighting equipment;

2) Fire alarm systems;

3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other

occupancies in the same building;

4) Provisions for confining the fire at its source such as fire resistive floors and walls

extending up to the next floor slab or roof, certain boards and other fire containing or

stopping components;

5) Termination of all exits in an area affording safe passage to a public way or safe

dispersal area;

6) Stairways, vertical shafts, horizontal exits and other means of egress sealed from

smoke and heat;

7) A fire exit plan for each floor of the building showing the routes from each room to

appropriate exits, displayed prominently on the door of each room;

8) Self-enclosing fire resistive doors loading to corridors;

9) Fire dampers in centralized airconditioning ducts;

10) Roof vents for use by fire fighters;

11) Properly marked and lighted exits with provision for emergency lights to adequately

illuminate exit ways in case of power failure.

Part 2 RULES AND REGULATIONS IMPLEMENTING THE FIRE CODE

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RULE 1 GENERAL PROVISIONS:

DIVISION 1 - GENERAL

SEC. 1 SCOPE - The provisions of the Fire Code shall apply to and govern the

following;

a. All persons

b. All private or public buildings, facilities, structures and their premises, constructed

before or after the effectively hereof;

c. Storage, handling or use of explosives and/or combustible, flammable, toxic and other

hazardous materials;

d. Design and installation of electrical system;

e. Fire Safety construction and

f. Fire protective and Warning equipment or systems.

RULE II GENERAL PRECAUITONS AGAINST FIRE

DIVISION 1 - INCINERATORS AND OPEN BURNING

SEC. 1. Bonfires and Outdoor Rubbish Fires - No person shall kindle or maintain any

bonfire or rubbish fire or authorize any such fire to be kindled unless:

1) The location is not less than fifteen (15) meters from any structure and adequate

provision is made to prevent fire from spreading t within fifteen (15) meters of any

structure;

2) The Fire is contained in an approved waste burner or incinerator located safely not less

than five (5) meters from any structure.

SEC. 2. Types and Construction of Incinerators

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a) Fixed commercial, industrial and apartment type incinerators shall be constructed in

accordance with the provisions of the Building Code.

b) Residential fixed incinerators shall be constructed of brick, concrete hollow blocks, or

other five-resistive material other than metal, with a completely enclosed combustion

chamber and shall be equipped with a permanently attached spark arrester constructed of

iron, heavy wire mesh, or other noncombustible material; with openings not larger than

thirteen (13) millimeters.

SEC. 3. Location - Any residential incinerator used in connection with a single family

dwelling shall be located not less than one and one-half (1 ½ ) meters from any wood

frame building or structure, or other combustible material, or not less than one (1) meter

from a masonry, stucco, or similar fire resistive building or structure and not less than

one and one half (1 ½) meters from any opening of said building or structures. Any

residential incinerator used in connection with any occupancy other than a single family

dwelling shall be location not less than one and one half (1 ½) meters from any

combustible roof, overhang on eave construction.

RULE III FIRE SAFETY IN BUILDING, STRUCTURES AND FACILITIES

DIVISION 1 - ADMINISTRATION

SEC. 1.01. Scope

a) This rule deals with life safety from fire and like emergencies, it covers construction,

protection and occupancy features to minimize danger to life from fire, smoke, fumes, or

panic before buildings are vacated. It specifies the number, size and arrangement of

means of egress sufficient to permit prompt escape of occupants from buildings, or

structures or facilities in case of fire.

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b) Nothing in this rule shall be construed to prohibit a better type of building

construction, more exits or otherwise safer conditions than the requirements specified in

this Rule.

c) This rule recognizes that panic in a burning building may be uncontrollable. It deals

with the potential panic hazard through measures designed to prevent the development of

panic.

DIVISION 2. GENERAL

SEC. 2.01. Fundamental Requirements

a. Building or structure, new or old, designed for human occupancy shall be provided

with exits sufficient to permit the fast escape of occupants in case of fire or other

emergency. The design of exits and other fire safety construction shall be such that

reliance for safety to life in case of fire or other emergency will not depend solely on any

single fire safety construction.

b. Every building or structure shall be so designed, constructed, equipped, maintained and

operated as to avoid danger to the live and safety of its occupants from fire, smoke,

“fumes, or resulting panic during the period for escape from the building or structure.

c. Every building or structure shall be provided with Exits of kinds, numbers, location

and capacity appropriate to the individual building or structure, with due regard to the

character of the occupancy, the number of persons exposed. The fire protection available

and the height and type of construction of the building or structure, to afford all

occupants convenient facilities for escape.

d. Every exit of buildings or structures shall be so arranged and maintained as to provide

free and unobstructed egress from all parts thereof, at all times. NO LOCK or fastening

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that would prevent escape, from the inside of any building shall be installed except in

mental, penal, or correctional institutions where personnel are continually on duty on

duty and effective provisions are made to evacuate occupants in case of fire or other

emergency.

e. Every exit shall be clearly visible.

f. All means of egress shall be provided with adequate and reliable ILLUMINATION.

g. In every building or structure of such size, arrangement, or occupancy that a fire may

not itself provide adequate warning to occupants, FIRE ALARM FACILITIES shall be

provided.

h. Every building or structure, section, or area thereof of such size, occupancy, and

arrangement such that the reasonable safety of a number of occupants may be endangered

by the blocking of any single means of egress due to fire or smoke, shall have at least two

means of egress REMOTE from each other, so arranged as to minimize any possibility

that both may be blocked by any one fire or other emergency conditions.

SEC. 3.403. Interior Stairs and Smoke proof Towers

A. General

All stairs serving as required means of egress shall be of permanent fixed construction.

B. Classes of stairs - Stairs shall be of Class A or class B types. In class A the maximum

height between landings is 2.75 m and the Class B is 3.70 M.

C. Treads and Risers

1) The height of every riser and the width of every tread shall be so proportioned that the

sum of two (2) risers and a tread, exclusive of its nosing of projections is not less than

sixty (60) centimeters nor more than sixty three and a half (63.5) centimeters.

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2) The minimum number of risers in any one flight of stairs shall be three (3)

D. Enclosure:

All interior stairways shall be enclosed in accordance with the provisions of Section

3.501 of this Rule:

E. Stair Details

1) Each new stair and platform, landing, balcony and stair hallway floor used in building

of four (4) stories or more and in all new buildings, required by this rule to be of fire-

resistive construction, shall be non-combustible material throughout except that handrails

are exempted from this requirement. Treads of stairs and landing floors shall be solid.

2) Each stair, platform, landing, balcony, and stair hallway floor shall be designed to

carry a load of four hundred eighty-eight (488) kilos per square meter, or a concentrated

load of one hundred thirty six (136) kilo, so located as to produce maximum stress

conditions.

3) Where material of stair treads and landings is such as to involve danger of slipping,

nonslip material shall be provided on tread surface.

4) Stairways and intermediate landings shall continue with no decrease in width along

the direction of exit travel.

F. Guards and Handrails

1) Means of egress such as stairs, stair landings, balconies, ramps and aisles, located

along the edge of open-sided floors and mezzanines, shall have guards to prevent falls

over the open side. Each new stair landing, and Class B ramp shall have handrails on

both sides.

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2) Required guards and handrails shall continue for the full length of each flight of stairs.

3) The design of guards and handrails and the hardware for attaching handrails to guard

balusters or masonry walls shall be such that there are no projecting lugs on attachment

devices or non-projecting corners or members of grills or panels which may engage loose

clothing. Opening in guard shall be designed to prevent loose clothing from becoming

wedged in such openings.

4) Handrails Details:

a) Handrails on stair shall be not less than seventy six (76) centimeters nor more than

eighty six and one-half (86.5) centimeters above the upper surface of the tread, measured

vertically to the top of the rail from a point on the tread twenty five (25) millimeters back

from the leading edge.

b) Handrails shall provide a clearance of a least thirty eight (38) millimeters between

handrail and wall to which it is fastened.

c) Handrails shall be so designed as to permit continuous sliding of hands on them.

d) Every stairway required to be more than two hundred twenty three (223) centimeters

in width shall have intermediate handrails dividing the stairway into portions not more

than two hundred twenty three (223) centimeters in width.

5) Guard and Details

a) The height of guard shall be measured vertically to the top of the guard from a point

on the tread twenty five (25) millimeters back from the leading edge or from the floor of

landings or balconies.

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b) No guards shall be required for inside stairs which reverse direction at intermediate

landings where the horizontal distance between successive flights is not more than thirty

and a half (30.5) centimeters.

c) Guards shall both be less than one hundred six (106) centimeters high. Guards

protecting changes in level one story or less on interior balconies and mezzanines shall be

not less than ninety one (91) centimeters.

d) Guards shall be so constructed that the area in the plane of the guard from the top of

the floor, riser, or curb to the minimum required height of guard shall be subdivided or

filled in one of the following manners:

• A sufficient number of intermediate longitudinal rails so that the clear distance between

rails measured at right angles to the run of rail does not exceed twenty five and half

centimeters (25.5). The bottom rails shall not be more than twenty five and a half (25.5)

centimeters from the top of the floor measured vertically.

• Vertical balusters spaced not more than fifteen and one fourth (15.25) centimeters apart.

• Areas filled wholly or partially by panels of solid wire mesh or expanded metal

construction or by ornamental grills which provide protection against falling through the

guard equivalent to the provided by the intermediate rails or vertical balusters.

• The lower part of the area may consist of a continuous substantial curb, the top of which

is not less than seventy six (76) millimeters on stairs (measured at right angle to the curb

from its top to the nosing of the tread) and not less than fifteen and one-fourth (15.25)

centimeter for level areas.

SEC. 3.404. Outside Stairs

A. General

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1) Any permanently installed stair outside of the building served is acceptable in a means

of egress under the same condition.

B. Enclosures

1) Under all conditions where enclosure of inside stairways is required, outside stairs

shall be separated from the interior of the buildings with walls having the same fire-

resistance rating as that required for the wall enclosing inside stairs. Any opening in such

wall shall be protected by fire doors or fixed wired glass windows. Protection of opening

maybe waived of the building is three (3) stories or less and it is provided with a remote

second unit.

2) If the building is four (4) stories or more, openings within the distances set below

shall be protected.

a) Within four and a half (4.5) meters from any balcony, platform or stairway

constituting a part of the exterior or outside stairs. b) Within three (3) stories or ten and

two thirds (10.67) meters directly below any balcony, platform or stair-way consisting a

part of the outside stairs. c) Within two (2) stories or six and one-tenth (6.1) meters

directly below a platform or walkway leading from any story to the exits.

C. Bridges and balconies

1) Each bridge or balcony utilized in conjunction with horizontal exits shall comply with

the structural requirements for outside stairs and shall have guard and handrails in general

conformity with the requirements of Section 3.403 for stairs and smokeproof towers.

2) Every bridge or balcony shall be at least as wide as the door leading to it and not less

than one hundred twelve (112) centimeters from new construction.

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3) Every door leading to a bridge or balcony serving as a horizontal exit from a fire area,

shall swing with the exit travel out of the fire area.

4) Where the bridge or balcony serves as a horizontal exit in one direction, only the door

from the bridge or balcony into the area of refuge shall swing in.

5) Where the bridge or balcony serves as a horizontal exit in both directions, doors shall

be provided in pairs swinging in opposite direction, only the door swinging with the exit

travel to be counted in determination of exit width, unless the bridge or balcony has

sufficient floor area to accommodate the occupant load of either connected building or

fire area on the basis of three tenths (0.3) square meter per person or in existing buildings

by specific permission of the direction general or his duly authorized representative, in

which case doors on both ends of the bridge or balcony may swing out from the building

may swing out from the building.

6) The bridge or balcony floor shall be level with the floor of the building.

7) Ramps shall be employed where there is a difference in level between connected

buildings or floor areas. Steps may be used where the difference in elevation is greater

than fifty three and one-third (53.34) centimeters. Ramps and stairs shall be in

accordance with the sections of this rule pertaining to ramps, stairs and outside.

8) All wall openings, in both of the connected buildings of fire areas any part of which

is within three (3) meters of any bridge or balcony as measured horizontally or below,

shall be protected with fire doors or fixed metal-frame wired-glass windows.

SEC. 3.406. Ramps

A. Inside Ramps:

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1) Application: A ramps shall be permitted as component in a means of egress when it

conforms to the general requirements of Section 3.401 and to the special requirements of

this Section.

2) Classfication:

a) A ramp shall be designated as Class A or Class B in accordance with the following

table:

Class A Class B

Width …………………… 112 cm and greater 76 to 112 cm

Slope …………………… 8 to 10% 10 to 17%

Maximum height between Landings… No limit 3.66 m

Capacity in person per unit as Modified by Divisions 7 through 5 Down …………………… 60 45

Up ……………………… 45 45

3). Protective Enclosure:

a) When a ramp inside a building is used as an exit or exit component, it shall be

protected by separation from other parts of the building as specified in Section 3.401 “C”.

b) Fixed wired glass panels in steel sash may be installed in such a separation in a

building fully provided with automatic fire suppression system.

c) There shall be no enclosed usable space under ramps in an exit enclosure nor shall the

open space under such ramps be used for any purpose.

B. Outside Ramps:

1) General

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a) Any ramp permanently installed on the outside of the building may be accepted as

component in a means of egress under the same conditions as an inside ramp: Provided,

that it complies with all requirements for inside ramps except as modified by the

following provisions of this subsection “E”.

b) Outside ramps shall be so arranged as to avoid any handicap to their use by persons

having a fear of high places. For ramps more than three (3) stories, any arrangement

intended to meet this requirement shall be at least one hundred twenty (120) centimeters.

SEC. 3.407. Exit Passageway

A. Application

Any hallway, corridor, passage or tunnel, may be designed as an exit passageway and

used as an exit component when conforming to all other requirements of Section 3.401 as

modified by the provisions of this Section.

B. Protective Enclosure and Arrangement:

1) An exit passageway shall be protected by separation from other parts of the building

as specified in paragraph “C” on Section 3.401. 2) Fixed wired glass panels is steel sash

may be installed in such a separation in a building fully provided with automatic fire

suppression system.

C. Width:

The width of an exit passageway shall be adequate to accommodate the aggregate of all

exits discharge through it.

D. Floor:

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The floor shall be solid and without perforations.

SEC. 3.409. Fire Escape, Stairs, Ladders, and Slide Escapes.

A. Fire Escape Stairs

1) General

Fire escape stairs (not those under Section 3.403 and 3.404) may be used in required

means of egress only in existing buildings, subject to the applicable provisions of

Divisions 7 through 15. Fire escape stairs shall not constitute more than fifty (50%)

percent of the required exit capacity in any case. Fire escape stairs shall not be accepted

as constituting any part of the required means of egress for new buildings.

B. Fire Escape Shall provide a continuous unobstructed safe path of travel to the ground

or other safe or refuge to which they lead. Where the fire escape is not continuous, as in

cases where stairs lead to an adjoining roof, which must be crossed before continuing

downward travel, the direction of travel shall be clearly indicated, and suitable walkways

with handrails shall be provided where necessary. Where a single means of egress

consists of a combination of inside stairs and fire escape stairs, each shall comply with

the applicable provisions of this Rule, and the two shall be so arranged and connected as

to provide a continuous safe path of travel.

The following types of fire escape stairs are recognized by this Rule: Return

platform types with superimposed runs or straight run type, with platforms continuing in

the same direction. Either or these may be parallel to or at right angle to the building.

They may be attached to buildings or erected independently of them and connected

bridges.

3) Stair Details:

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Fire escape stairs, depending upon the requirements of Division 7 through 15 of this

Rule, shall be in accordance with the following table and subsequent paragraphs.