RA 3720 (Food, Drug, and Cosmetic Act) CHAPTER VI.—Prohibited Acts and Penalties

Section 11–12 · 2 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗

Section 11

SEC. 11. The following acts and the causing thereof a hereby prohibited: (a) The manufacture, sale, offering for sale or transfer of any food, drug, device or cosmetics that is adulterated or misbranded. (b) The adulteration or misbranding of any food, drug, device, or cosmetic. (c) The refusal to permit entry or inspection as authorized by Section twenty-seven hereof or to allow samples to be collected. (d) The giving of a guaranty or undertaking referred to in Section twelve (b) hereof which guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to in Section twelve (b) which guaranty or undertaking is false. (e) Forging, counterfeiting, simulating, or falsely representing or without proper authority using any mark, stamp, tag label, or other identification device authorized or required by regulations promulgated under the provisions of this Act. (f) The using by any person to his own advantage, or revealing, other than to the Secretary or officers or employees of the Department or to the courts when relevant in any judicial proceeding under this Act, any information acquired under authority of Section nine, or concerning any method or process which as a trade secret is entitled to protection. (g) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while such article is held for sale (whether or not the first sale) and results in such article being adulterated or misbranded. (h) The use, on the labeling of any drug or in any advertising relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under Section twenty-one hereof, or that such drug complies with the provisions of such section. (i) The use, in labeling, advertising or other sales promotion of any reference to any report or analysis furnished in compliance with Section twenty-six hereof. PENALTIES

Section 12

SEC. 12.(a) Any person who violates any of the provision of Section eleven hereof shall, upon conviction, be subject to imprisonment of not less than six months one day, but not more than five years, or a fine of not less than one thousand pesos, or both such imprisonment and fine, in the discretion of the Court. (b) No person shall be subject to the penalties of subsection (a) of this section (1) for having sold, offered for sale or transferred any article and delivered it if such delivery was made in good faith, unless he refuses to furnish on request of the Board of Food and Drug Inspection or an officer or employee duly designated by the Secretary, the name and address of the person from whom he purchased or received such article and copies of all documents, if any there be, pertaining to the delivery of the article to him; (2) for having violated Section eleven (a) if he established a guaranty or undertaking signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith the article, or (3) for having violated Section eleven (a), where the violation exists because the article is adulterated by reason of containing a coal-tar color not permissible under regulations promulgated by the Secretary under this Act, if such person establishes a guaranty or undertaking signed by, and containing the name and address, of the manufacturer of the coal-tar color, to the effect that such color is permissible, under applicable regulations promulgated by the Secretary under this Act. (c) Any article of food, drug, device, or cosmetic that is adulterated or misbranded when introduced into the domestic commerce may be seized and held in custody pending proceedings pursuant to Section twenty-six (d) hereof, without a hearing or court order, when the Secretary has probable cause to believe from facts found by him or any officer or employee of the Food and Drug Administration that the misbranded article is dangerous to health, or that the labeling of the misbranded articles is fraudulent, or would be in a material respect misleading to the injury or damage of the purchaser or consumer.

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