Agricultural Product Standards in the Philippines: Who Sets and Enforces Them

Agricultural product standards in the Philippines are mandatory food safety standards set by the Department of Agriculture (DA) and the Department of Health (DOH), with local government units enforcing them at the level of markets, restaurants and food businesses. The governing law is the Food Safety Act of 2013 (Republic Act No. 10611), which maintains a "farm to fork" food safety regulatory system. For agricultural products specifically, the Bureau of Agriculture and Fisheries Product Standards (BAFPS) develops the food safety standards, including those for organic agriculture.

What the law says about standards for agricultural products

Under Section 9 of the Food Safety Act of 2013, the DA and the DOH set the mandatory food safety standards. The law directs that standards be established on the basis of science, risk analysis, scientific advice from expert bodies, standards of other countries, existing Philippine National Standards (PNS), and the standards of the Codex Alimentarius Commission (Codex), where these exist and are applicable.

Codex standards are to be adopted except when they conflict with what is necessary to protect consumers and scientific justification exists for the action taken.

The law defines food safety standards as formal documents containing the requirements that foods or food processors must comply with to safeguard human health. They are implemented by authorities, enforced by law, and usually developed and published under the auspices of a national standards body.

Which agency regulates which agricultural product

Section 16 of the Food Safety Act of 2013 assigns specific products to specific DA agencies:

• Bureau of Animal Industry (BAI) — food derived from animals, including eggs and honey
• National Dairy Authority (NDA) — milk production and post-harvest handling
• National Meat Inspection Service (NMIS) — meats
• Bureau of Fisheries and Aquatic Resources (BFAR) — fresh fish and other seafoods, including aquaculture
• Bureau of Plant Industry (BPI) — plant foods
• Fertilizer and Pesticide Authority (FPA) — pesticides and fertilizers used in food production
• Philippine Coconut Authority (PCA) — fresh coconut
• Sugar Regulatory Administration (SRA) — sugar cane production and marketing
• National Food Authority (NFA) — rice, corn and other grains

The DA is responsible for food safety in the primary production and post-harvest stages of the food supply chain, and for foods locally produced or imported in that category. The DOH is responsible for the safety of processed and prepackaged foods.

The role of local government units

Section 15 of the Food Safety Act of 2013 gives LGUs responsibility for food safety in food businesses such as slaughterhouses, dressing plants, fish ports, wet markets, supermarkets, school canteens, restaurants, catering establishments and water refilling stations. LGUs are also responsible for street food sale, including ambulant vending.

Under the same section, the DA and the DOH must capacitate the LGUs and provide technical assistance in implementing their food safety functions.

Grade standards and the Consumer Act

Beyond food safety, the State also sets product quality standards. Under the Consumer Act of the Philippines (Republic Act No. 7394), it is the duty of the State to develop and provide safety and quality standards for consumer products, to assist consumers in evaluating quality, and to protect the public against unreasonable risks of injury associated with consumer products.

The Consumer Act also provides that standards may cover requirements as to kind, class, grade, dimensions, weights and material, as well as methods of sampling and testing.

Enforcement of the law is divided by product type: the DOH covers food, drugs, cosmetics, devices and substances; the DA covers products related to agriculture; and the Department of Trade and Industry covers other consumer products.

The Consumer Act also empowers the concerned departments to order the recall, prohibition or seizure from public sale or distribution of any consumer product found injurious, unsafe or dangerous after due notice and hearing. Where the product is imminently hazardous, the seller, distributor, manufacturer or producer must be given a hearing within 48 hours from the order. The ban stays in force until the product's safety can be assured or measures to ensure its safety have been established.

Obligations of food business operators

Section 13 of the Food Safety Act of 2013 places principal responsibility on food business operators to ensure that food satisfies the requirements of food law relevant to their activities, and that control systems are in place to prevent, eliminate or reduce risks to consumers.

Under Section 14, operators must be knowledgeable of the specific requirements of food law relevant to their activities. If an operator believes a food it produced, processed, distributed or imported is not safe, it must immediately initiate procedures to withdraw the food from the market and inform the regulatory authority. Where the unsafe product may have reached consumers, the operator must accurately inform consumers of the reason for withdrawal and, if necessary, recall the product.

Frequently asked questions

Who sets agricultural product standards in the Philippines? The Department of Agriculture and the Department of Health set mandatory food safety standards under Section 9 of the Food Safety Act of 2013. For fresh plant, animal, fisheries and aquaculture foods, the Bureau of Agriculture and Fisheries Product Standards develops the standards.

Are product standards the same as grades? They overlap but are not identical. Food safety standards focus on requirements to safeguard human health. The Consumer Act also allows quality standards covering grade, class, dimensions, weights and material.

What happens if a product is found unsafe? Under the Consumer Act, the concerned department may order its recall, prohibition or seizure from public sale or distribution after notice and hearing. For imminently hazardous products, a hearing must be afforded within 48 hours.

Practical takeaways

• Food safety standards for agricultural products are mandatory and are set by the DA and the DOH under the Food Safety Act of 2013.
• The specific DA agency that regulates a product depends on the commodity — BAI for animal products, BFAR for fish, BPI for plant foods, NFA for grains, and others under Section 16.
• LGUs enforce food safety standards in markets, restaurants and food businesses within their jurisdiction.
• Food business operators must withdraw unsafe products from the market and inform the regulatory authority.
• The Consumer Act allows standards covering grade, class, dimensions, weights and material, and authorizes recall of unsafe products.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• REPUBLIC ACT NO. 10611 - AN ACT TO STRENGTHEN THE FOOD SAFETY REGULATORY SYSTEM IN THE COUNTRY TO PROTECT CONSUMER HEALTH AND FACILITATE MARKET ACCESS OF LOCAL FOODS AND FOOD PRODUCTS, AND FOR OTHER PURPOSES

• REPUBLIC ACT NO. 7394 - THE CONSUMER ACT OF THE PHILIPPINES

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.