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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
