CABANISAN, ADESORM G.
BSTM 1B
HMC0

PRESIDENTIAL DECREE NO. 856
CODE ON SANITATION

WHEREAS, the health of the people, being of paramount importance, all efforts of public services should be directed towards the protection and promotion of health; and
WHEREAS, the advance in the field of sanitation in recent years, there arises the need for updating and codifying our scattered sanitary laws to ensure that the are in keeping with modern standards of sanitation and provide a handy reference and guide for their enforcement;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the following Code on Sanitation:chanroblesvirtuallawlibrary
CODE ON SANITATION OF THE PHILIPPINES
Chapter 1- General Provisions
Sec. 1. Title. - The title of this Code is "Code on Sanitation of the Philippines"
Sec. 2. Definition of Terms. - Whenever any of the following words or terms are used herein or in any rules or regulation issued under this Code, it shall have the meaning given it in this section, as follows:chanroblesvirtuallawlibrary
a. Code - Code on Sanitation of the Philippines
b. Department - The Department of Health.
c. Secretary - The Secretary of Health.
d. Regional Director - An official who heads a Regional Health Office.
e. Local Health Authority - An official or employee responsible for the application of a prescribe health measure in a local political subdivision.
f. Health Officer - Provincial, City or Municipal Health Officer.
g. Engineer - A Sanitary Engineer.
h. Section - Any section of this code unless the term refers to other statutes which are specifically mentioned.
Sec. 3. Functions of the Department of Health. - The Department shall have the following powers and functions:chanroblesvirtuallawlibrary a. Undertake the promotion and preservation of the health of the people and raise the health standards of individuals and communities throughout the Philippines.
b. Extend maximum health services to the people in rural areas and provide medical care to those who cannot afford it by reason of poverty;
c. Develop, administer and coordinate various health activities and services which shall include public health, preventive, curative and rehabilitative programs, medical care, health and medical education services;
d. Upgrade the standards of medical practice, the quality of health services and programs to assure the people of better health services;
e. Assist local health agencies in developing public health programs including medical care, and promote medical and public health research;
f. Issue permits to establish and operate government and private hospitals, clinics, dispensaries, schools of nursing, midwifery, and other para-medical courses, puericulture centers, clinical laboratories and blood banks.
g. Prescribe standard rates of fees for health, medical, laboratory, and other public health services; and
h. Performs such other functions as may be provided by law.
Sec. 4. Authority of the Secretary. - In addition to the powers and authority of the Secretary which are provided by law, he is likewise empowered to promulgate rules and regulations for the proper implementation and enforcement of the provisions of this Code.chanrobles virtualawlibrary
Sec. 5. Authority of the Bureau of Directors. - The Bureau Directors shall be responsible for staff activities involving the development of plans, programs. operating standards and management techniques in their respective field of assignment.
Sec. 6. Authority of the Regional Directors. - The Regional Directors shall administer health functions in their regions, implement policies, standards and programs involving health services; and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code.
Sec. 7. Authority of Health Officers. - The health officers shall administer health functions in areas under their jurisdiction and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code.
Sec. 8. Miscellaneous Provisions. -
a. International treaties, agreements and conventions - The Republic of the Philippines recognizes international treaties, agreement and conventions on public health. Their provisions may be considered parts of this Code provided they do not contravene the Constitution, existing laws or any provision of this Code.
b. Rights and proceedings - Any proceeding which has commenced or any right which has accrued upon the effectivity of this Code shall not be affected by any of its provisions. However, matters of procedure and rights arising after the date of effectivity of this Code shall conform to the provisions hereof.
c. Delegation of power and assignment of duty - Whenever a power is granted or a duty is assigned to any public health officer in this Code, the power may be exercised by a deputy or agent of the official pursuant to law, unless it is expressly provided otherwise in this Code.
d. Language required - Any notice, report, statement or record required or authorized by this Code, shall be written in English or Pilipino.
e. Mailing of notices - Unless otherwise expressly provided, any notice required to sent to any person by any provision of this Code, shall be sent through the postal service. The affidavit of the official or employee who mailed the notice is prima facie evidence that the notice was sent as prescribed herein.
f. Condemnation and seizure of property - Then any property is officially condemned or seized by government authorities in the interest of public health, the owner thereof shall not be entitled to compensation.
g. Command responsibility - When a duty is expressly vested in a health officer as provided in this Code, it shall be understood that it shall likewise be the concern of the superiors of the health office under the principle of command responsibility.
Chapter II. Water Supply
Sec. 9. Prescribed Standards and Procedures. - Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation of results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be in accordance with procedures prescribed by the Department.chanrobles virtualawlibrary
Sec. 10. Jurisdiction of the Department. - The approval of the Secretary or that of his duly authorized representative is required in the following cases:chanroblesvirtuallawlibrary
a. Sites of water sources before their construction;
b. Delivery of water to consumers from new or recently repaired water systems;
c. Operation of a water system after an order of closure was issued by the Department;
c. Plans and specifications of water systems of subdivisions and projects prior to the construction of housing units thereat; and
e. Certification of potability of drinking water.
Sec. 11. Types of Water Examinations Required. - The following examinations are required for drinking water:chanroblesvirtuallawlibrary
a. Initial examination - The physical, chemical and bacteriological examinations of water from newly constructed systems or sources are required before they are operated and opened for public use. Examination of water for possible radio active contamination should also be done initially.
b. Periodic examination - Water from existing sources is subject to bacteriological examination as often as possible but the interval shall not be longer than six months, while general systematic chemical examination shall be conducted every 12 months or oftener. Examination of water sources shall be conducted yearly for possible radioactive contamination.
Sec. 12. Examining Laboratories and Submission of Water Samples. - The examination of drinking water shall be performed only in private or government laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited laboratories water samples for examination in a manner and at such intervals prescribed by the Department.chanrobles virtualawlibrary
Sec. 13. Other protective Measures. - To protect drinking water from contamination, the following measures shall be observed:chanroblesvirtuallawlibrary
a. Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited.
b. No artesians, deep or shallow well shall be constructed within 25 meters from any source of pollution.
c. No radioactive sources or materials shall be stored within a radius of 25 meters from any well or source is adequately and safely enclosed by proper shielding
d. No person charged with the management of a public water supply system shall permit any physical connection between its distribution system and that any other water supply, unless the latter is regularly examined as to its quality by those in charge is made and found to be sage and potable
e. The installation of booster pump to boost water direct from the water distribution line of a water supply system where low-water pressure prevails is prohibited.
Chapter III. Food Establishment
Sec. 14. Sanitary Permit. -
a. No person or entity shall operate a food establishment for public patronage without securing a permit from the local health office. The term " food establishment" as used in this chapter means an establishment where food or drinking are manufactured, processed, stored, sold or served.
b. Every Sanitary Permit shall be posted in a conspicuous place of the establishment.
c. Fees - The fees payable on applications for permits and upon the issuance, renewal and noting of such certificates shall be is such amounts as the City or Municipal Authority may by resolution impose.
d. Noting of Permit - Within 14 days after any chance n the ownership or occupancy of any establishment, the new occupant shall apply to the City or Municipal Health Officer to have such change noted in the records and on the permit certificate which he shall produce for the purpose and shall pay the corresponding fee in respect of such noting.
e. Record of Permit Certificates. -
1. Every City or Municipality shall keep a record of all establishments in respect of which permits have been issued and all permit certificates and renewals thereof;
f. The record shall in every case show the following:chanroblesvirtuallawlibrary
i. The name and address of the holder of the permit who in every case shall be the actual occupier of the establishment :chanroblesvirtuallawlibrary ii. The location of the establishment; iii. The purpose or purposes for which the permit has been issued; iv. The date the first permit was issued and the dates of any renewal thereof.
v. Every change of occupation and management of the establishment since the first permit was issued; and vi. Conditions under which the permit was issued or any renewal thereof granted;
The record shall be available at all reasonable times for inspection by any officer of the Department of Health.
Sec. 15. Health Certificates. - No person shall be employed in any food establishment without a Health Certificate issued by the local health authority. This certificate shall be issued only after the required physical and medical examinations are performed and immunizations are administered at prescribed intervals.chanrobles virtualawlibrary
Sec. 16. Quality and Protection of Food. - All food must be obtained from sources approved by the local health authority. In this regard, the following requirements are applicable:chanroblesvirtuallawlibrary
a. Meats, meat products and fish shall be procured for sources under sanitary or veterinary supervision.
b. All meat and fish shall be properly cooked before serving
c. No meat products fish, vegetables and other food sources shall be procured from sources or areas known to have been affected by radioactivity as for example, areas contaminated with a very large amount of radioactive fallout.
d. Milk and fluid milk products shall be obtained from sources approved by the local health authority. Milk obtained from other sources must be sterilized, pasteurized or otherwise heated.
e. Milk shall be stored in a refrigerator. Canned or packaged milk, other than milk powders, shall be refrigerated after the container has been opened.
f. All perishable and potentially hazardous foods shall be stored at 45°F (7°C ) or below.
g. Cooked food intended to be served hot shall be kept at a temperature not lower than 140°F (60°C )
h. Raw fruits and vegetables shall be thoroughly washed before they are used.
Sec. 17. Structural Requirements. - Food establishments shall be constructed in accordance with the following requirements:chanroblesvirtuallawlibrary
1. No person shall use any room or place for or in connection with the preparation, storage, handling or sale of any article of food
a. Which is at anytime used or in direct communication with a sleeping apartment or toilet.
b. In which any animal is kept; or
c. which is or has been used for any purpose which would be likely to contaminate the food or to affect injuriously its wholesomeness or cleanliness; or
d. Which is not used exclusively for the purpose: Provided, that in department stores or multi-purpose business establishments, food may be manufactured, prepared, cooked, stored, or sold only in the area set aside exclusively for said purpose and for which a sanitary permit has been issued.
2. No sanitary permit shall be issued for any premises to be used for the preparation, handling and sale of food unless it is constructed in accordance with the following requirements:chanroblesvirtuallawlibrary
a. Floors - The Floors shall be-
i. Constructed of concrete or other impervious and easily cleaned material that is resistant to wear and corrosion and shall be adequately graded and drained;
All angles between the floors and walls shall be rounded off to a height of not less than 3 inches (7.62 cm.) from the floor; or ii. Constructed or wood with dovetailed or tongue and grooved floor boards laid on a firm foundation and tightly clamped together with all angles between the floor and walls rounded off to height of 3 inches (7.62 cm.); or iii. Constructed in accordance with the requirements of sub-clause i. and ii. of this clause and covered with linoleum, smooth surfaced rubber or similar material fixed to the floor with cement or suitable adhesive: Provided, That with the approval in writing of the local authority, floors may be covered with carpets or other floor covering in those parts of the premises where such carpets or coverings can be satisfactorily cleaned and maintained.
b. Walls
i. The internal surface of walls shall have a smooth, even, non-absorbent surface capable of being readily cleaned without damage to the surface and constructed of dust-proof materials; ii. The walls, where subject to wetting or splashing, shall be constructed of impervious, non-absorbent materials to a height of not less than 79 inches (2 meters) from the floor. iii. The internal walls shall be painted in light colors or treated with such other wall finish as the health authority may prescribed.
c. Ceilings
i. All ceilings or, if no ceiling is provided, the entire under-surface of the roof shall be dust-proof and washable. ii. The ceiling or under-surface of the roof of rooms in which food is prepared or packed or in which utensils or hands are washed shall be smooth, non-absorbent and light coloured.
d. Lighting
i. The general standards of illumination provided shall permit effective inspection and cleaning and shall be sufficient intensity appropriate to the purpose for which any room or place is used; ii. In rooms where food is prepared or packed or in which utensils or hands are hands are washed there shall be a minimum illumination intensity of 20-foot candles; in premises where food is consumed, there shall be a minimum illumination intensity of 5-foot candles. Intensities of illumination shall be measured at a point 30 inches (76.20 cm.) above the floor; iii. All lightning shall be reasonably free from glare and distributed so as to avoid shadows; iv. At other areas or working surfaces, the illumination shall be of such intensity as may be required by the health authority.
e. Ventilation
i. Ventilation shall be provided which shall be effective and suitable to maintain comfortable condition; ii. The ventilation shall be adequate to prevent the air from becoming excessively heated, prevent condensation and the formation of excess moisture on walls, ceilings and for the removal of objectionable odors, fumes and impurities; iii. In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean area, and discharging in such manner as not to create a nuisance, shall be provided; iv. Canopies, air ducts, fans or other appliances shall be provided as required by the health authority in particular circumstances;
v. Effective provision shall be made for securing and maintaining a reasonable temperature;
f. Overcrowding - There shall be sufficient floor space to enable every person working thereon to carry out his duties efficiently and to permit easy access for cleaning. Working spaces, aisles or passageways and areas to which customers have access shall unobstructed and sufficient to permit movement of employees and customers without contamination of food by clothing or personal contact.
g. Changerooms
i. There shall be provided adequate and suitable lockers or other facilities for the orderly storage of clothing and personal belongings of employees or persons engaged or employed in the premises. Such facilities shall be so situated and arranged so that there is no contamination of food by contact with clothing, and where the number of persons engaged or employed is four or more of either sex, there shall be provided separate changing rooms for each sex. ii. If required in writing by the local health authority an additional wash-hand basin shall be installed as near as practicable to the toilet facilities; Provided, That wash-hand basins specified in this Code need not be installed in premises where only food in sealed containers is sold: and, Provided, further, That wash-hand basins specified in this regulation shall be installed under specifications of the National Plumbing Code of the Philippines.
h. Wash-hand Basin Maintenance
i. An adequate supply of soap, clean towels, roller towels presenting a clean surface to each user from a continuous roller towel dispenser or other hand drying services approved by health authorities. ii. The wash-hand basin and all hand washing facilities shall, at all times, be maintained in good repair and in a clean condition. iii. All wash-hand basins shall, at all times, while the premises are being used, be supplied with hot and cold or tempered running water at a minimum temperature of 100°F (37.8°C).
Sec. 18. Use of Food-Service Spaces. -
a. Food-service spaces shall not be used as living or sleeping quarters.
b. Clothing or personal effects shall be kept in lockers or in designated places away from food service spaces.
c. No animal or live fowls shall be allowed in such spaces.
d. Persons not directly connected with food preparation and serving shall not be allowed to stay in food-serving spaces.
e. Foods in storage or in preparation must not be handled by anyone other than the preparation and serving staff.
SEC. 19. Food Handlers. -
a. No person shall be employed in any food establishments without health certificate issued by the local health authority.
b. Food handlers shall at all times:chanroblesvirtuallawlibrary
i. Wear clean working garments. The Cook shall wear prescribed caps and female employees caps or hairnets. ii. Observe food personal hygiene. iii. Wash their hands thoroughly with soap and water and dry them with a clean or disposable towel or a suitable hand-drying device immediately before working, or after visiting the toilet.
Sec. 20. Vermin Control. -
Vermin - A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases.
a. Spaces where food and drinks are stored, prepared and served shall be so constructed and maintained as to exclude vermin.
b. All opening which connects spaces to the outer air shall be effectively protected with screen of non-corrosive wire 16-mesh or finer. Door screens shall be tight-fitting.
c. A vermin abatement program shall be maintained in the establishments by their owners, operators, or administrators. If they fail, neglect or refuse to maintain a vermin abatement programs, the local health agency will undertake the work at their expense.
d. During deratting or disinfecting operations, all food stuffs, utensils, food preparation and cleaning equipment shall be covered to protect them from toxic chemical substances.
e. Vermin control in public places shall be the responsibility of the provincial, city or municipal governments which have jurisdiction over them.
f. The procedure and frequency of vermin abatement program shall be determined and approved by the local health authority.
Sec. 21. Toilet and Washing Facilities. -
a. Adequate and clean toilet facilities for male and female customers and personnel shall be provided in properly located areas.
b. Toilet rooms shall not open directly into spaces where food is prepared, stored or served. Where such toilets exist, the doors shall be tight fitting and self-closing.
c. Adequate hand-washing facilities shall be provided within or adjacent to toilet room
d. Facilities shall include hot and cold running water single-service paper or cold towel dispenser or drying device and soap or detergent.
Sec. 22. Disposal of Refuse. -
a. Refuse cans may be used in food - preparation areas for immediate use only.
b. Storage refuse cans, filled and empty, shall be in a designated space from food-handling operations.
c. These cans shall be so constructed and maintained as to be vermin -proof and easily cleaned.
d. Cans containing refuse shall be tightly covered at all times, except during actual use in food-handling areas.
e. Holding bins may likewise be used, provided they are constructed of impervious, readily-cleaned materials and fitted with tight-fitting covers.
f. Where refuse cans are used, a space separate from the food-handling spaces and adjacent to the refuse-can storage space be provided for cleaning them. This space shall be equipped with scrubbing-brushes, cleansing agents, steam or hot water under pressure, and a hose fitted with adjustable nozzle.
Sec. 23. Equipment and Utensils. -
a. They shall be so designated, fabricated and installed so that cleaning is easy and they do not pose health hazards.
b. Lead-soldered containers and cadium-lined piping and fixtures shall not be used.
c. Surfaces that come into contact with food or drinks shall be constructed or materials that are impervious, corrosion-resistant, non-toxic, easily cleanable, durable and resistant to chipping.
d. Sliding doors on cabinets shall be easily cleanable and removable. Runners shall be allotted at the ends to permit removal of dust and debris. The bottom shelves of open-based fixtures shall be removable to facilitate inspections, cleaning and maintenance.
Sec. 24. Washing Utensils. -
a. They shall be scraped and pre-rinsed to remove food articles.
b. They shall be thoroughly cleansed in warm water at 120°F (49°C) with soap or detergent.
c. If running water is not used, the wash-water shall be changed frequently.
Sec. 25 Bactericidal Treatment-Eating and drinking utensils and equipment, after thoroughly cleaned, shall be subjected to one of the following bactericidal treatments:chanroblesvirtuallawlibrary
a. Immersion for at least half a minute in clean hot water at a temperature of at least 170°F (77°C);
b. They shall be thoroughly cleansed in warm water at 120°F (49°C) with soap or detergent.
c. If running water is not used, the wash-water shall be changed frequently.
Sec. 25. Bactericidal Treatment. - Eating and drinking utensils and equipment, after thoroughly cleaned, shall be subjected to one of the following bactericidal treatments:chanroblesvirtuallawlibrary
a. Immersion for at least half a minute in clean hot water at a temperature of at least 170°F (77°C);
b. Immersion for at least one minute in a lukewarm chlorine solution 50 ppm;
c. Exposure in a steam cabinet at a temperature of at least 170°F (77°C) for at least 15 minutes at a temperature of 200°F (90°C) for at least 5 minutes;
d. Exposure in an oven or hot-air cabinet at a temperature of at least 180°F (82°C ) for at least 20 minutes; or
e. Any other method approved by the local health authority.
Sec. 26. Handling of Washed Utensils. -
a. Washed utensils shall be allowed to drain dry in wire racks without use of drying cloths, or shall be stored in self-draining position to permit ready air-drying.
b. The drying cloth on which to store dishes and utensils temporarily after bactericidal treatment should be clean and changed frequently.
Sec. 27. Storage of Washed Utensils. -
a. They shall be stored in a clean and dry place protected against vermin and other sources of contamination.
b. Cups, bowls, and glasses, shall be inverted for storage.
c. When not stored in closed cupboards or lockers, utensils and containers shall be covered or invented whenever practicable. Utensils shall not be stored on the bottom shelves of open cabinets below the working top level.
d. Racks, trays and shelves shall be made of materials that are impervious, corrosion-resistant, non-toxic, smooth, durable and resistant to chipping.
e. Drawers shall be made of the same materials and kept clean. Felt-line drawers are not acceptable, but the use of clean and removable towels for lining drawers is acceptable.
Sec. 28. Dry Storage of Non-Perishable Foods.- Non-perishable foods shall be stored in the following manner:chanroblesvirtuallawlibrary
a. Designated spaces, lockers, cupboards, racks, shelves and containers shall be used for storage.
b. All spaces, lockers and cupboard shall be constructed of materials of the same quality as used for food-preparation and food-serving operations. Containers shall be made metal fitted with tight covers.
c. The recommended temperature range for dry stores is 50- 60°F (10-15°C) except where dry foods for immediate use are stored in the preparation and servicing spaces.
Sec. 29. Refrigerated Storage of Perishable Foods. - Perishable foods shall be stored in the following manner:chanroblesvirtuallawlibrary
a. They shall be kept at or below 45°F (7°C) except during preparation or when held for immediate serving after preparation.
b. When such food s are to be stored for extended periods, a temperature of 40°F (4°C) is recommended.
c. Fruits and vegetables shall be stored in cool rooms.
d. Recommended temperatures for perishable food storage are:chanroblesvirtuallawlibrary
1. Frozen foods; not more than 10°F (2°C)
2. Meat and fish: 32-38°F (O-3°C)
3. Milk and milk products: 40-45°F (5-7°C)
4. Fruits and vegetables: 44-50°F (7-10°C)
e. All refrigerating compartments and refrigerators must be kept clean, in good repair and free from odors. They shall be provided with thermometers with scale divisions not larger than 32°F (1°C). Sufficient shelving shall be provided to prevent stocking and to permit adequate ventilation and cleaning.chanrobles virtualawlibrary
Sec. 30. Food Servicing Operations. - These operations should be in accordance with the following requirements:chanroblesvirtuallawlibrary
a. Hand contacts with food or drink shall be avoided; fingers shall not be used to serve butter, ice, or similar items or food. Sugar shall be served in covered dispensers or containers, or in packages wrapped for single service.
b. The surfaces of containers and utensils, including glasses and tablewares, which come in contact with food and drink shall not be handled.
c. Disposable cups, plates, spoons and other single-service containers and utensils shall be purchased in sanitary cartons and stored in a clean, dry place until used. These articles shall be so handled on removal from the carton that the hand does not touch the surface which will be in contact with food or drink.
d. Clean cloths, napkins, spoons, towels and other cloth equipment shall be stored in clean places designated specially for them. Soiled linens, including towels, aprons, and coats, shall be stored in a closed bin or locker, suitably marked.
e. Spoons, spatulas, dippers and scoops used intermittently for disposing frozen desserts shall be kept in running water or in water maintained at 170°F (77°C) and frequently changed, or they may be washed and stored in a dry place after each use. Constant-temperature bottles and other containers used for potable water and other beverages shall be kept clean and given effective bactericidal treatment before and after subsequent use.
Sec. 31. Evaluation of Food Establishment. - It shall be the duty of the Provincial, Municipal or City Health Officer to cause an inspection and evaluation of every food establishment requiring a permit for its operations, at least every six months and shall cause as many additional inspection and re-inspections and evaluation to be made as are necessary for the enforcement of the provision of this Chapter.chanrobles virtualawlibrary
During the inspection or evaluation carried out at least every six months, the inspector shall record his findings on an inspection form provided for the purpose and shall furnish the original of such report to the holder of sanitary permit, the manager or occupier of the premises. Demerits entered in the appropriate column inspections forms shall indicate that the item does not, in the opinion of the inspector, comply with the requirements of this regulation. Within 48 hours of the inspection or evaluation, the original of the inspection report shall be furnished the holder of the permit certificate, the manager or occupier of the food establishment. Whenever an inspection form issued indicates noncompliance items relating to any particular type of premises,the inspector shall notify the holder of the sanitary permit,the manager or occupier of the correction to be made and indicate a reasonable period for its compliance. If upon upon reinspection after the deadline the inspector finds the correction has not been effected he shall forthwith report to the Health Officer and the Health Officer shall revoke the sanitary permit. A copy of the inspection form and any notices served shall, in all cases be filed and kept by the local health authority and be available at all reasonable time for inspection by an officer of the Department of Health.
a. Service of Notice - Whenever an inspection or evaluation report form indicates non-complying items, the Health Officer of the Province, Municipality or City may cause to be served on the holder of the permit, the manager or occupier a notice requiring him, within the time stated in the notice, to take such remedial action as may be specified therein. In the event within the time stated in the notice, the terms of the first notice are not complied with,the Health Officer may cause to be served on the holder of the permit, the manager or occupier a second notice calling on him to show cause, at all time and place stated in the notice, why the permit issued in respect of the food establishment should not be revoked.
b. Revocation of Permits - After prior notice and hearing as provided above, the Health Officer, if satisfied that the terms of the notices have not been complied with or that the failure to comply therewith is not excusable, shall revoke the said permit.
c. Summary Suspension of Permits - Whenever the Provincial, Municipal or City Health Officer finds unsanitary or unhealthy conditions in the operation of a food establishment which in his judgment constitute a substantial hazard to the public health, the Health Officer may order the immediate suspension of the permit. Any person to whom such an order is issued written petition shall be afforded a hearing as soon as possible.
d. Appeals - The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from, which decision shall be final.
e. Protection of Food - Notwithstanding the other provisions of this regulation relating to the issuance of permit, every person who is engaged in the sale of food or in the manufacture, preparation, storage, packing or delivery of food for sale shall protect such food from contamination.
f. Power of Entry - Any sanitary Inspector or duly authorized officer of the Department of Health or of the Provincial, Municipal or City Health Officer, upon presentation of power credentials may at all reasonable times enter any premises engaged in the manufacture, preparation, or packing of any article of food for sale or any premises used for any of the purposes referred to in this Code for the purpose of inspection or any other action necessary for administration of this Code.
Sec. 32. Special Provisions. -
a. Groceries or "Sari-Sari'"Stores
1. No grocery or sari-sari store shall be established within a distance of 25 meters from any source of contamination.
2. All foods which require no further cooking before they are eaten shall be protected from contamination while in countries or showcases.
b. Bakeries -
1. Delivery trucks and carts of bakery products shall always be kept clean and sanitary.
c. Dairies -
1.No dairy shall keep unhealthy or infected cows, carabaos or goats for the production of mild, or feed them unwholesome food which produces impure or unwholesome mild.
2. No animals used for the production of milk shall be allowed to graze on land which has been contaminated by radioactivity.
3. No dairy shall sell unwholesome milk that has not been previously pasteurized or otherwise sterilized.
d. Ice Plants -
1. Only potable water shall be used in the manufacture of ice.
2. In storing and transporting ice intended for public consumption, precautionary measures shall be taken to protect the ice from sources of contamination.
e. Ambulant Food Vendors -
1. These vendors shall sell only bottled food drinks, biscuits and confectioneries.
2. It is prohibited for food vendors to sell food that requires the use of utensils.
f. Oyster beds -
1. Oysters shall be planted and grown only in areas approved by the Secretary or his duly authorized representatives and in places duly licensed by the Bureau of Fisheries and Aquatic Resources.
2. Oysters offered for sale, if not originating from approved areas, shall be confiscated and destroyed by the local health authority.
g. Fish Marketing Areas -
1. Only fresh and wholesome fish products shall be sold.
2. Fish caught in radioactive zones as well as in areas contaminated by toxic substances or high in mercury count as determined by the health authorities shall be condemned and not be allowed for public consumption.
3. The selling, distribution and buying of fish caught through the use of explosives and chemicals are prohibited.
Sec. 33. Responsibility of the Local Health Authority. -
The local health authority shall:chanroblesvirtuallawlibrary
a. Make periodic inspections to enforce the maintenance of adequate sanitation in food establishments and their premises;
b. Take samples of food and drink from any establishments or vendor as often as necessary to determine if these are unwholesome, adulterated, or contaminated by radioactivity;
c. Prevent the sale or condemn and destroy food and drinks if these are found unfit for human consumption;
d. Seal and prohibit the use of devices, utensils, containers, vehicles,machines, piping and appurtenances if in his opinion the are unsanitary; and
e. Enforce the provisions of this Chapter and the rules and regulations promulgated by the Secretary.