CODE ON SANITATION

• Number: Presidential Decree No. 856
• Sections: 104

Preamble

WHEREAS, the health of the people, being of paramount

importance, all efforts of public services should be directed towards

the protection and promotions of health; and

WHEREAS, with 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 they 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:

LAUNDRY

AND SERVICE STATIONS

NIGHT CLUBS

ESTABLISHMENTS

ESTABLISHMENTS

the following terms shall mean:

Massage—A method wherein the superficial soft parts of the body

are rubbed or stroked or kneaded for remedial or aesthetic or hygienic

purposes.

Massage Clinic—An establishment where massage is administered to

customers.

Masseur—A trained person duly licensed by the Secretary or his

authorized representative to perform massage and to supervise massage

clinic attendants.

Massage Clinic Attendant—A trained person duly permitted by the

Secretary or his authorized representative to massage customers under

the guidance and supervision of a masseur.

Sauna Bath Establishment—An establishment where

customers are exposed to steam which is generated by sprinkling water on

hot stones or by some other means.

Sauna Bath Attendant—A person who applies the proper technique of

giving steam bath to customers.

BOARDING, OK TENEMENT HOUSES, AND CONDOMINIUMS

SANITATION

EXCRETA DISPOSAL AND DRAINAGE

OCCUPATIONS

Section 1

SECTION 1. Title—The title of this Code is "Code

on Sanitation of the Philippines."

Section 2 Definition of Terms.

SEC. 2. Definition of Terms.—Whenever any of the

following words or terms is used herein or in any rule or regulation

issued under this Code, it shall have the meaning given it in this

section, as follows:

Code—Code on Sanitation of the Philippines.

Department—The Department of Health.

Secretary—The Secretary of Health.

Regional Director—an official who heads a Regional Health

Office.

Local Health Authority—an official or employee responsible

for the application of a prescribed health measure in a local

political subdivision.

Health Officer—Provincial, City or Municipal Health

Officer.

Engineer—A Sanitary Engineer.

Section—any section of this code unless the term refers to other

statutes which are specifically mentioned.

Section 3

SEC. 3. Functions of the Department of Health—The

Department shall have the following powers and functions:

Undertake the promotion and preservation of the health of the

people and raise the health standards of individuals and communities

throughout the Philippines;

Extend maximum health services to the people in rural areas and

provide medical care to those who cannot afford it by reason of poverty;

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;

Upgrade the standards of medical practice, the quality of health

services and programs to assure the people of better health services;

Assist local health agencies in developing public health

programs including medical care, and promote medical and public health

research;

Issue permits to establish and operate government and private

hospitals, clinics, dispensaries, schools of nursing, midwifery,

and other paramedical courses, puericulture centers, clinical

laboratories and blood banks;

Prescribe standard rates of fees for health, medical,

laboratory, and other public health services; and

Perform such other functions as may be provided by law.

Section 4 Authority of the Secretary.

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.

SEC.

5. Authority of the Bureau 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.

Section 6 Authority of the Regional Directors.

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.

Section 7 Authority of the Health Officers.

SEC. 7. Authority of the 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.

Section 8 Miscellaneous Provisions.

SEC. 8. Miscellaneous Provisions.—

International treaties agreements and conventions.—The

Republic of the Philippines recognizes international treaties,

agreements 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.

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 pro visions hereof.

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.

Language required.—Any notice, report, statement or record

required or authorized by this Code, shall be written in English or

Pilipino.

Mailing of notices.—Unless otherwise expressly pro vided, any

notice required to be sent to any per son 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.

Condemnation and seizure of property.—When 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.

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.

Section 9 Prescribed Standards and Procedures.

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.

Section 10 Jurisdiction of the Department.

SEC. 10. Jurisdiction of the Department.—The

approval of the Secretary or that of his duly authorized representative

is required in the following cases:

Sites of water sources before their construction;

Delivery of water to consumers from new or recently repaired

water systems;

Operation of a water system after an order of closure was issued

by the Department;

Plans and specifications of water systems of sub divisions and

projects prior to the construction of housing units thereat; and

Certification of potability of drinking water.

Section 11 Types of Water Examinations Required.

SEC. 11. Types of Water Examinations Required.—The

following examinations are required for drinking water:

Initial examination.—The physical, chemical and

bacteriological examinations of water from newly constructed systems or

sources are required be fore they are operated and opened for public

use. Examination of water for possible radioactive contamination should

also be done initially.

Periodic examination.—Water from existing sources is subject to

bacteriological examination as of ten 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.

Section 12 Examining Laboratories And Submission of Water Samples.

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 water samples for examination in a manner and at

such intervals prescribed by the Department.

Section 13 Other Protective Measures.

SEC. 13. Other Protective Measures.—To protect

drinking water from contamination, the following measures shall be

observed:

Washing clothes or bathing within a radius of 25 meters from

any well or other source of drinking water is prohibited.

No artesians, deep or shallow well shall be constructed within

25 meters from any source of pollution.

No radioactive sources or materials shall be stored within a

radius of 25 meters from any well or source of drinking water unless

the radioactive source is adequately and safely enclosed by proper

shielding.

No person charged with the management of a public water

supply system shall permit any physical connection between its

distribution system and that of any other water supply, unless the

latter is regularly examined as to its quality by those incharge of the

public supply to which the connection is made and found to be safe and

potable.

The installation of a booster pump to boost water direct from

the water distribution line of a water supply system, where low-water

pressure prevails is prohibited.

Section 14 Sanitary Permit.

SEC. 14. Sanitary Permit.—

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 drinks are manufactured, processed, stored,

sold or served.

Every Sanitary Permit shall be posted in a conspicuous place of

the establishment.

Fees.—The fees payable on applications for permits and

upon the issuances, renewal and nothing of such certificates shall be in

such amounts as the City or Municipal Authority may by resolution

impose.

Noting of Permit—Within 14 days after any change in 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.

Record of Permit Certificates

Every City or Municipality shall keep a record of all

establishments in respect of which permits have been issued and of all

permit certificates and renewals thereof.

The record shall in every case show the following:

The name and address of the holder of the permit who in every

case shall be the actual occupier of the establishment;

The location of the establishment;

The purpose or purposes for which the permit has been issued;

The date the first permit was issued and the dates of any

renewal thereof.

Every change of occupation and management of the

establishment since the first permit was issued; and

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.

Section 15 Health Certificates.

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.

Section 16 Quality and Protection of Food.

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:

Meats, meat products and fish shall be procured from sources

under sanitary or veterinary super vision.

All meat and fish shall be properly cooked before serving.

No meat products, fish, vegetables and other food sources shall

be procured from sources or areas known to have been affected by

radioactive as for example, areas contaminated with a very large amount

of radioactive fallout.

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.

Milk shall be stored in a refrigerator. Canned or packaged

milk, other than dry milk powders, shall be refrigerated after the

container has been opened.

All perishable and potentially hazardous foods shall be stored

at 45°F (7°C) or below.

Cooked food intented to be served hot shall be kept at a

temperature not lower than 140°F (60°C)

Raw fruits and vegetables shall be thoroughly washed before

they are used.

Section 17 Structural Requirements.

SEC. 17. Structural Requirements.—Food establishment

shall be constructed in accordance with the following requirements:

No person shall use any room or place for or in connection

with the preparation, storage, handling or sale of any article

of food.

Which is at anytime used or in direct communication with a

sleeping apartment or toilet;

In which any animal is kept; or

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

Which is not used exclusively for the purpose; Provided,

That in department stores or multipurpose 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.

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:

Floors—The floors shall be—

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

Constructed of wood with devetailed 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 a

height of 3 inches (7.62 cm.); or

Constructed in accordance with the requirements of

sub-clause (1) 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.

Walls

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;

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;

The internal walls be painted in light colors or treated

with such other wall finish as the health authority may prescribe.

Ceilings

All ceilings or, if no ceiling is provided, the entire

under-surface of the roof shall be dust-proof and washable.

The ceiling or undersurface 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.

Lighting

The general standards of illumination provided shall

permit effective inspection and cleaning and shall be of sufficient

intensity appropriate to the purpose for which any room or place is

used;

In rooms where food is prepared or packed or in which

utensils or 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;

All lighting shall be reasonably free from glare and

distributed so as to avoid shadows;

At other areas or working surfaces, the illumination shall

be of such intensity as may be required by the health authority.

Ventilation

Ventilation shall be provided which shall be effective

and suitable to maintain comfortable condition;

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

odours, fumes and impurities;

In the absence of effective natural ventilation,

mechanical ventilation with airflow from a clean area, and discharging

in such a manner as not to create a nuisance, shall be provided;

Canopies, air ducts, fans or other appliances shall be

provided as required by the health authority in particular

circumstances;

Effective provision shall be made for securing and

maintaining a reasonable temperature.

Overcrowding.—There shall be sufficient floor space

to enable every person working thereon to carry out his duties

efficiency and to permit easy access for cleaning. Working

spaces, aisles or passageways and areas to which customers

have access shall be unobstructed and sufficient to permit movement of

employees and customers without contamination of food by clothing

or personal contact.

Changerooms.—

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.

Wash-hand Basins.—

Wash-hand basins shall be installed in convenient

places and as near as practicable to where the person for whose use they

are provided are working while handling food for sale or in such

locations as may be otherwise prescribed in any particular case.

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.

Wash-hand Basin Maintenance.—

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.

The wash-hand basin and all hand washing facilities

shall, at all times, be maintained in good repair and in a clean

condition.

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 or 100°F (37.8°C).

Section 18

SEC. 18. Use of Food-Service Spaces—

Food-service spaces shall not be used as living or sleeping

quarters.

Clothing or personal effects shall be kept in lockers or in

designated places away from food service spaces.

No animal or live fowls shall be allowed in such spaces.

Persons not directly connected with food preparation and

serving shall not be allowed to stay in food-serving spaces.

Foods in storage or in preparation must not be handled by

anyone other than the preparation and serving staff.

Section 19

SEC. 19. Food Handlers—

No person shall be employed in any food establishment without a

health certificate issued by the local health authority.

Food handlers shall at all times:

Wear clean working garments. The Cook shall wear

prescribed caps and female employees caps or hairnets.

Observe good personal hygiene.

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.

Section 20 Vermin Control— Vermin.

SEC. 20. Vermin Control—

Vermin.—A group of

insects or small animals such as flies, mosquitoes, cockroaches, fleas,

lice, bed-bugs, mice, and rats which are vectors of diseases

Spaces where food and drinks are stored, prepared and served

shall be so constructed and maintained as to exclude vermin.

All openings 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.

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.

During deratting or disinfecting operations, all

foodstuffs, utensils, food preparation and cleaning equipment shall be

covered to protect them from toxic chemical substances.

Vermin control in public places shall be the responsibility of

the provincial, city or municipal governments which have

jurisdiction over them.

The procedure and frequency of vermin abatement program shall

be determined and approved by the local health authority.

Section 21

SEC. 21. Toilet and Washing Facilities—

Adequate and clean toilet facilities for male and female

customers and personnel shall be provided in properly located areas.

Toilet rooms shall not open directly in to spaces where food is

prepared, stored or served. Where such toilets exist, the doors

shall be tight fitting and self-closing.

Adequate hand-washing facilities shall be provided within or

adjacent to toilet room.

Facilities shall include hot and cold running water,

single-service paper or cloth towel dispenser or drying device and

soap or detergent.

Section 22 Disposal of Refuse.

SEC. 22. Disposal of Refuse.—

Refuse cans may be used in food-preparation areas for

immediate use only.

Storage refuse cans, filled and empty; shall be in a

designated space separate from food-handling operations.

These cans shall be so constructed and maintained as to be

vermin-proof and easily cleaned.

Cans containing refuse be tightly covered at all times, except

during actual use in food handling areas.

Holding bins may likewise be used, provided they are

constructed of impervious, readily-cleaned materials, and fitted

with tight-fitting covers.

Where refuse cans are used, a space separate from the

food-handling spaces and adjacent to the refuse-can storage space shall

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.

Section 23

SEC. 23. Equipment and Utensils—

They shall be so designed, fabricated and installed so that

cleaning is easy and they do not pose health hazards.

Lead-soldered containers and cadium-lined piping and fixtures

shall not be used.

Surfaces that come into contact with food or drinks shall be

constructed of materials that are impervious, corrosion-resistant,

non-toxic, easily cleanable, durable and resistant to chipping.

Sliding doors on cabinets shall be easily cleanable and

removable. Runners shall be alloted at the ends to permit removal of

dust and debris. The bottom shelves of open—based fixtures shall be

removable to facilitate inspection, cleaning and maintenance.

Section 24

SEC. 24. Washing of Utensils—

They shall be scraped and pre-rinsed to remove food articles.

They shall be thoroughly cleansed in warm water at 120°F (49°C)

with soap or detergent.

If running water is not used, the wash-water shall be changed

frequently.

Section 25 Bactericidal Treatment.

SEC. 25. Bactericidal Treatment.—Eating and drinking

utensils and equipment, after thoroughly cleaned, shall be subjected

to one of the following bactericidal treatments:

Immersion for at least half a minute in clean hot water at

temperature of at least 170°F (77°C);

Immersion for at least one minute in a lukewarm chlorine

solution 50 ppm;

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;

Exposure in an oven or hot-air cabinet at a temperature of at

least 180°F (82°C) for at least 20 minutes; or

Any other method approved by the local health authority.

Section 26 Handling of Washed Utensils.

SEC. 26. Handling of Washed Utensils.—

Washed utensils shall be allowed to drain dry in wire racks

without use of drying cloths, or shall be stored in a self-draining

position to permit ready air-drying.

The drying cloth on which to store dishes and utensils

temporarily after bactericidal treatment should be cleaned and changed

frequently.

Section 27 Storage of Washed Utensils.

SEC. 27. Storage of Washed Utensils.—

They shall be stored in a clean and dry place adequately

protected against vermin and other sources of contamination.

Cups, bowls, and glasses, shall be inverted for storage.

When not stored in closed cupboards or lockers, utensils and

containers shall be covered or inverted whenever practicable. Utensils

shall not be stored on the bottom shelves of open cabinets below the

working top level.

Racks, trays and shelves shall be made of materials that are

impervious, corrosion-resistant, non-toxic, smooth, durable and

resistant to chipping.

Drawers shall be made of the same materials and kept clean.

Felt-lined drawers are not acceptable, but the use of clean and

removable towels for lining drawers is acceptable.

Section 28 Dry Storage of Non-Perishable Foods.

SEC. 28. Dry Storage of Non-Perishable Foods.—Non-

perishable foods shall be stored in the following manner:

Designated spaces, lockers, cupboards, racks, shelves and

containers shall be used for storage.

All spaces, lockers and cupboards shall be constructed of

materials of the same quality as used for food- preparation and

food-serving operations. Containers shall be made of metal fitted with

tight covers.

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.

Section 29 Refrigerated Storage of Perishable Foods.

SEC. 29. Refrigerated Storage of Perishable Foods.—Perishable

foods shall be stored in the following manner:

a. They shall be kept at or below 45°F (7°C) except during

preparation or when held for immediate serving after preparation.

When such foods are to be stored for extended periods, a

temperature of 40°F (4°C) is recommended.

Fruits and vegetables shall be stored in cool rooms.

Recommended temperatures for perishable food storage

are:

Frozen foods; not more than 10°F (2°C)

Meat and fish: 32-38°F (0-3°C)

Milk and milk products: 40-45°F (5-7°C)

Fruits and vegetables: 44-50°F (7-10°C)

All refrigerating compartments and refrigerators must be kept

clean, in good repair and free from odours. They shall be provided

with thermometers with scale divisions not larger than 2°F (1°C).

Sufficient shelving shall be provided to prevent stocking and to permit

adequate ventilation and cleaning.

Section 30 Food Servicing Operations.

SEC. 30. Food Servicing Operations.—These operations

should be in accordance with the following requirements:

Hand contacts with food or drink shall be avoided; fingers

shall not be used to serve butter, ice, or similar items of food.

Sugar shall be served in covered dispensers or containers, or in

packages wrapped for single service.

The surfaces of containers and utensils, including glasses and

tablewares, which come in contact with food and drink shall not be

handled.

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.

Clean clothes, napkins, spoons, towels, and other cloth

equipment shall be stored in clean places designated specifically for

them. Soiled linens, including towels, aprons, and coats, shall be

stored in a closed bin or locker, suitably marked.

Spoons, spatulas, dippers and scoops used intermittently for

dispensing 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.

Section 31

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 inspections and re-inspections and evaluation to be

made as are necessary for the enforcement of the provision of this

Chapter.

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 inspection

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 non-compliance 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 re-inspection

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.

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,

hereinafter called the first 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 a time and place stated in the notice, why the

permit issued in respect of the food establishment should not be

revoked.

Revocation of Permits.—After prior notice and hearing as

provided above, the Health Officer, if satisfied that the terms of the

two notices have not been complied with or that the failure to comply

therewith is not excusable, shall revoke the said permit.

Summary Suspension of Permits.—Whenever the Provincial,

Municipal or City Health Officer finds unsanitary or unhealthy

conditions in the operation of 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.

Appeals.—The person or panel conducting the hearing may

confirm, modify or reverse the decision appealed from, which decision

shall be final.

Protection of Food.—Notwithstanding the other provisions

of this regulation relating to the issuance of permits, 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.

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 proper 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.

Section 32

SEC. 32. Special or "Sari-Sari" Stores

No grocery or sari-sari store shall be established within a

distance of 25 meters from any source of contamination.

All foods which require no further cooking before they are

eaten shall be protected from contamination while in counters or

showcases.

Bakeries

Delivery trucks and carts of bakery products shall always

be kept clean and sanitary.

Dairies

No dairy shall keep unhealthy or infected cows, carabaos or

goats for the production of milk, or feed them unwholesome food which

produces impure or unwholesome milk.

No animals used for the production of milk shall be

allowed to graze on land which has been contaminated by radioactivity.

No dairy shall sell unwholesome milk that has not been

previously pasteurized or otherwise sterilized.

Ice Plants

Only potable water shall be used in the manufacture of ice.

In storing and transporting ice intended for public

consumption, precautionary measures shall be taken to protect the

ice from sources of contamination.

Ambulant Food Vendors

These vendors shall sell only bottled food drinks, biscuits

and confectionaries.

It is prohibited for food vendors to sell food that requires

the use of utensils.

Oyster Beds

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.

Oysters offered for sale, if not originating from approved

areas, shall be confiscated and destroyed by the local health authority.

Fish Marketing Areas

Only fresh and wholesome fish products shall be sold.

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.

The selling, distribution and buying of fish caught through

the use of explosives and chemicals are prohibited.

Section 33 Responsibility of the Local Health Authority.

SEC. 33. Responsibility of the Local Health Authority.—

The local health authority shall:

Make periodic inspections to enforce the maintenance of

adequate sanitation in food establishments and their premises;

Take samples of food and drink from any establishments or vendor

as often as necessary to determine if there are unwholesome,

adulterated, or contaminated by radioactivity;

Prevent the sale or condemn and destroy food and drinks if

these are found unfit for human consumption;

Seal and prohibit the use of devices, utensils, containers,

vehicles, machines, piping and appurtenances if in his opinion they are

unsanitary; and

Enforce the provisions of this Chapter and the rules and

regulations promulgated by the Secretary.

Section 34 Prescribed Standards of Construction.

SEC. 34. Prescribed Standards of Construction.—The

construction of markets and abattoirs shall conform to standards

prescribed by the Department. These standards shall be set along the

following guidelines:

Suitability of site insofar as elimination of nuisance

conditions and prevention of contamination are concerned;

Availability of ample water supply for cleaning;

Accessibility of adequate drainage facilities;

Durability of construction to protect vendors and customers

from any hazard and exposure to the elements; and

Facilities for sanitation maintenance, such as cleaning

and elimination of harborages of vermin.

Section 35 Responsibility of the Local Health Authority.

SEC. 35. Responsibility of the Local Health Authority.—

On Markets.—

Make periodic inspections to ascertain the maintenance of

adequate sanitary conditions of markets and their premises;

Supervise and control the proper care and use of market

"stalls;

Prohibit the construction of living quarters within any

market and its premises;

Enforce the ban on construction of partitions, sheds or

booths within the market area.

On Abattoirs.—

Supervise the maintenance of adequate sanitation in

abattoirs and their premises;

Enforce the requirements on the examination of meat as

provided in existing laws;

Permit the slaughter of animals for public consumption, in

other designated areas in certain exigencies, provided public health is

adequately protected;

Supervise the sanitary disposal of all abattoir wastes; and

Ensure that only healthy animals shall be slaughtered, and

that the method of slaughtering, the techniques of dressing and the

storing, handling and transporting procedures are in accordance with

prescribed standards.

Section 36

SEC. 36. Responsibility of Local Governments and Private

Operators—Local governments and private operators in charge of

public or private markets and abattoirs shall employ an adequate number

of personnel to ensure their efficient operation and hygienic

maintenance. These employees shall be under the direct supervision of

the local health authority.

Section 37 Sanitary Permit.

SEC. 37. Sanitary Permit.—No public laundry

shall operate without a sanitary permit from the Secretary or his duly

authorized representative. As used in this Chapter, a public laundry is a

laundry established and operated for commercial purposes, open to the

public, and not to an exclusive clientele.

Section 38 General Requirements.

SEC. 38. General

Requirements.—The construction and operation of a public laundry

shall be governed by the following requirements:

Structural Requirements—

The site should be distant from sources of

nuisance.

Only durable construction materials shall be used.

Smooth and water-tight materials shall be used for flooring.

All work rooms shall be properly ventilated and provided

with 10 foot-candles of lighting.

Adequate drying facilities shall be provided and articles

for drying protected from sources of contamination.

Sanitary Requirements—

Laundry supplies in both liquid and solid state shall be

properly stored, prepared and handled. Containers of chemical shall be

properly labeled.

Employees shall be provided with potable drinking water,

toilets, bathing and washing facilities.

Employees shall be provided with lockers for their working

garments and street clothes.

The plant and its premises and equipment shall be

maintained clean and sanitary at all times.

Section 39 Special Requirements.

SEC. 39. Special Requirements.—The following

requirements shall be enforced:

All articles to be laundered coming from hospitals and infected

sources shall be treated by exposure to a sufficient quantity of hot

water detergents or by other effective means of disinfection.

All linen, bed clothes, pajamas, towels, bedsheets pillow cases,

etc. that have come in contact with any form of radioactivity should

be isolated in a certain area and monitored by Radiation Safety

personnel before sending these articles for laundry. If any amount of

radioactive contamination is found, the affected article should be set

aside and the radioactivity allowed to completely decay before said

article is sent for laundry.

All articles for delivery to the laundry shall be kept in

containers which shall be kept closed until the articles are removed at

the laundry.

Laundry vehicles shall be kept clean and sanitary at all times.

A separate room shall be used solely for receiving, sorting,

marking or handling unwashed articles.

Diapers must be protected from pathogenic organisms and from

chemical substances which are irritating to the skin of the infant.

Laundered diapers for delivery shall be packed in sealed sanitary

containers.

Section 40 Definition of Terms.

SEC. 40. Definition of Terms.—As used in this

Chapter, the following terms shall mean:

School.—An institution of learning which may be public,

private or parochial.

Special School.—A school which utilizes cadavers, plants,

animals, bacterial and viral cultures for studies and research.

Physical Environments.—The school plant, grounds and

facilities.

Emotional Environment.—Factors which affect the emotional health

of students and members of the faculty.

Section 41 The Physical Environment.

SEC. 41. The Physical Environment.—In the design and

construction of the school plant, the following factors shall be

considered:

Site.—Traffic hazards are to be avoided but not to the point of

sacrificing accessibility to public transportation. It shall be distant

from sources of nuisances.

Grounds.—The acreage shall be large enough to permit

playgrounds, athletic fields and school gardens.

Building.—Preferably it shall be constructed of strong and

durable materials and designed along functional lines. For the

prevention of fire hazards, the requirements of the local fire

department shall be observed. Sufficient ventilation shall be provided.

Wall and ceiling finished should be chosen so as to give optimum

lighting with minimum glare. Artificial lighting with louvered

flourescent or incandescent fixtures shall be used to supply a minimum

lighting of 25 footcandles in the darkest corner. For flooring,

suitable materials shall be used which will give maximum durability

without creating a slippery surface.

Sanitary Facilities.—The school population shall be provided

with potable water, sewage and waste disposal systems shall likewise

conform to the requirements prescribed in this Code.

Section 42 The Emotional Environment.

SEC. 42. The Emotional Environment.—For the

promotion of emotional health of the school population the following

requirements shall be observed:

Suitable Location.—The school site shall be located away from

disturbances and places which give undesirable influence.

Recreational Facilities.—The school must have safe and

attractive playgrounds and adequate facilities for suitable sports and

games.

Rest Rooms.—Facilities shall be provided where faculty members

can rest and get short respite from teaching chores.

Section 43 Health Services.

SEC. 43. Health Services.—Trained personnel and

adequate facilities should be available so that students may be afforded

the following health services:

Periodic physical and medical examination;

Periodic immunization;

Medical and dental treatment;

Treatment for common emergencies; and

Counseling and guidance.

Section 44 Requirements for Special Schools.

SEC. 44. Requirements for Special Schools.—

Cadavers shall be stored in morgues and dissected in dissecting

rooms, all of which shall be constructed and maintained in accordance

with standards prescribed by the Department.

Poisonous or harmful plants and animals shall be kept in

adequate and secured areas.

Viral and bacterial cultures shall be kept in laboratories under

standard security laboratory measures.

Schools utilizing radioactive materials or sources for study or

research should closely conform to the requirements and guidelines given

by the Radiation Health Office and the Philippine Atomic Energy

Commission concerning radiation protection.

Section 45 Sanitary Requirements for Operating an Industrial Establishment.

SEC. 45. Sanitary Requirements for Operating an

Industrial Establishment.—The following sanitary requirements shall

be applicable to industrial establishments:

No person, firm, corporation, or entity shall operate any

industrial establishment without first obtaining a sanitary permit from

the Secretary or his duly authorized representatives.

Industrial establishments shall be allowed to operate only in

places or zones assigned for the kind of industry by existing zoning

laws, ordinances, or policies. The local health authority shall

determine the suitability of location where no zoning law, ordinance or

policy exists.

Adequate potable water supply shall be provided to employees.

Sewage disposal shall be by means of a municipal or city

sewerage system whenever possible. If no municipal or city sewerage

system exists it shall be done in accordance with the provisions of this

Code. Adequate and conveniently located toilet and bath facilities

shall be provided for each sex.

All wastes incident to the operation of the industrial plant

shall be collected, stored, or disposed of in a manner to prevent health

hazards, nuisances, and pollution. Where a city or municipal

collection and disposal system exists, it should be utilized.

An abatement program for the control of vermin shall be

maintained.

Adequate restrooms and mass halls shall be provided for

employees.

All places of employment and all workrooms, including machinery

and equipment, shall be kept clean and sanitary.

Section 46 Responsibility of the Secretary.

SEC. 46. Responsibility of the Secretary.—The

Secretary shall:

Issue a list of maximum concentration of atmospheric

contaminants as a guide in appraising health hazards and in evaluating

control measures. The term maximum concentration as used in this Chapter

means the amount of atmospheric contaminant which can be tolerated by

man for continuous daily exposure with non-impairment of health or

well-being either immediate or after a long period of exposure.

Review the concentration values at regular intervals to amend

or alter the list where indicated.

Specify other concentrations of short intermittent duration

capable of causing acute impairment of health.

Require control of other contaminants known or believed to be

capable of causing impairment of health but not included in the list

already issued by the Department.

Prescribe control measures to eliminate transmission of

infection diseases through processing or handling of industrial

products or wastes.

Prescribe illumination standard values and order their review at

regular intervals to alter or amend values when indicated.

Promulgate measures to effectively and adequately control any

possible radioactivity to which workers may be exposed while on their

job.

Promulgate control measures to reduce noise and pollution.

Section 47 Responsibilities of the Employer and Employees.

SEC. 47. Responsibilities of the Employer and Employees.—The

following are the responsibilities of the employer and employees in

industrial establishments:

Employer responsibility—

Provide, install and maintain in good repair all control

measures and protective equipment;

Inform affected employees regarding the nature of the

hazards and the reasons for, and methods of control measures and

protective equipment;

Make periodical testing of the hearing of all employees in

noisy areas of operation;

Adopt measures so that the noise produced is within

allowable limits so as not to affect neigh boring offices, buildings or

establishments;

Request the Department a permit for variation from the

requirements when other means of equivalent protection are provided;

and

Provide personal protective equipment and/or protective

barriers when they are necessary.

Employee responsibility—

Observe strictly protective control measures which

are prescribed, and

Use equipment provided them properly.

Section 48 Environmental Provisions.

SEC. 48. Environmental Provisions.—The environmental

provisions enumerated hereunder for the protection of the health of

workers are applicable to all industrial establishments:

Control of atmospheric contaminants—

Workers shall not be exposed to atmosphere contaminants

hazardous to health.

Control of atmospheric contaminants shall be

accomplished by methods approved by the Secretary or his duly authorized

representatives or other government authority.

Control of infectious agents—

Control measures shall be provided to eliminate or control

the transmission of infectious; diseases through processing or handling

of industrial products or wastes.

Control of possible sources of radiation hazards should be

carried out under the supervision of the Radiation Health Officer or his

authorized representative.

Noise—

Control measures shall be provided to reduce intensity of noise

sufficiently to render it harmless to workers and to eliminate it at its

source as a nuisance by following the recommendations of the local

health or other government authority.

Illumination—

Adequate lighting shall be provided and distributed in all

work areas in amount required for the type of work or seeing tasks

measured by a light-meter with a minimum of glare and contrasting

intensities between work and workroom.

Where the specific task requires more light than provided by

general illumination, supplementary lighting shall be supplied.

Ventilation—

Natural or artificial ventilation shall be provided in

all work areas at a rate to insure a safe and healthful working

atmosphere, free from injurious amounts of toxic materials and

reasonably free from offensive odours and dust throughout the

establishment.

Proper control measures shall be used to reduce

concentration of toxic contaminants to allowable limits.

Air inlets shall be arranged, located and equipped to insure

sufficient air velocity and an exhaust system which shall be located so

that discharged materials shall not re-enter places of employment or

habitations nor create any hazard of nuisance.

Section 49 Personal Protective Equipment.

SEC. 49. Personal Protective Equipment.—The following

requirements shall be applicable for personal protective equipment:

Personal protective equipment and/of protective barriers

shall be provided whenever substances, radiations or mechanical

irritants are encountered in a manner capable of causing any

pathological change or injury or impairment in function of any part of

the body through skin and/or mucous membrane absorption.

Personal protection equipment which shall include respiratory

protectors and other accessories shall be fitted to each exposed worker

when necessary.

X-ray film badges or pocket desimeters should be worn by workers

who, during their course of work are unavoidably exposed to even a

small amount of radiation.

Supervisors and employees shall familiarize themselves with the

use, proper sanitary care and storage of this equipment.

Section 50 Health Services.

SEC. 50. Health Services.—Medical services shall be

provided to all employees in accordance with existing laws and the

rules and regulations prescribed by the department.