Food Recall Procedure in the Philippines: How Unsafe Food Is Withdrawn Under RA 10611

A food recall is the withdrawal of an unsafe or non-compliant food from the market and, where it may have reached consumers, from their hands. Under the Food Safety Act of 2013 (Republic Act No. 10611), the duty to act starts with the food business operator: if it considers or has reason to believe that a food it produced, processed, distributed or imported is not safe or does not comply with food safety requirements, it must immediately initiate procedures to withdraw the food from the market and inform the regulatory authority. Where the product may have reached consumers, the operator must inform them accurately and, if necessary, recall it from the market.

Who must act when food is unsafe

The Food Safety Act places principal responsibility on food business operators to ensure that food satisfies food law and that control systems are in place to prevent, eliminate or reduce risks to consumers (Section 13).

A food business operator is a person engaged in the food business, including one's agents, and is responsible for ensuring the requirements of the Act are met by the food business under one's control. A food business covers any undertaking, public or private, carrying out any activity or stage of the food supply chain — from primary production and post-harvest handling to processing, distribution and preparation for human consumption.

The operator's recall duties, step by step

Section 14 of the Food Safety Act lists the specific responsibilities that drive a recall:

1. Know the requirements. Operators must be knowledgeable of food law relevant to their activities and of the procedures of the implementing agencies, and must adopt codes and principles of good practice.
2. Withdraw and notify. If the operator considers or has reason to believe that a food it produced, processed, distributed or imported is not safe or not compliant, it must immediately initiate procedures to withdraw the food from the market and inform the regulatory authority.
3. Cooperate with regulators. Operators must allow inspection of their businesses and collaborate with regulatory authorities on action taken to avoid risks posed by the food they supplied.
4. Inform consumers and recall if needed. Where the unsafe or non-compliant food may have reached the consumer, the operator must effectively and accurately inform consumers of the reason for the withdrawal and, if necessary, recall the product from the market.

How regulators classify and handle unsafe food

The Act builds the recall framework on the principle that unsafe food must be kept out of commerce. Under Section 5, where unsafe food is part of a batch, lot or consignment of food of the same class or description, all food in that batch, lot or consignment is presumed unsafe.

Section 5 also provides that imported food declared unsafe by the competent authority of the exporting country after entry into the Philippines shall be withdrawn from the market and distribution channels. Even where a product complies with specific standards, competent authorities may still take appropriate measures, restrict its entry into the market, or require its withdrawal where there is reason to suspect food safety-related risks.

Official control — the regulatory toolkit — expressly includes inspection, verification, audits, sampling and testing, and the recall of defective products. The frequency of official controls must be proportionate to the severity and likelihood of the food safety risk being controlled (Section 26).

Which agency handles which food

Food safety regulation in the Philippines is shared:

• The Department of Agriculture (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 (Section 15).
• The Department of Health (DOH) is responsible for the safety of processed and prepackaged foods, foods locally produced or imported in that category, and monitoring and epidemiological studies on food-borne illnesses. The FDA Center for Food Regulation and Research implements the DOH's performance-based food safety control management system, including post-market monitoring and enforcement of HACCP and other risk-based control measures (Section 18).
• Local government units (LGUs) are responsible 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, including street food sale and ambulant vending (Section 15).

Crisis situations and emergency measures

For risks that normal mechanisms cannot control, the law provides for crisis management. A Rapid Alert System for notifying direct or indirect risks to human health due to food is established by the Food Safety Regulation Coordinating Board (Section 23).

Where food — whether of national origin or imported — is likely to constitute a serious risk to human health, the Board, in coordination with the food safety regulatory agencies of the DOH and the DA, must immediately adopt measures depending on the gravity of the situation (Section 24):

• For food of national origin: suspension of its distribution in the market or its use; special conditions for the food; and other appropriate interim measures.
• For food from another country: suspension of imports from all or parts of the third country concerned (and, where applicable, the country of transit); special conditions for the food; and other appropriate interim measures.

Frequently asked questions

Who is responsible for recalling unsafe food in the Philippines? The food business operator. Under Section 14 of the Food Safety Act of 2013, the operator must immediately withdraw the food from the market and inform the regulatory authority, and must inform consumers and recall the product if it may have reached them.

What happens if only part of a batch is found unsafe? The entire batch, lot or consignment of food of the same class or description is presumed unsafe under Section 5 of the Food Safety Act, so the recall is not limited to the specific items already tested.

Can imported food already in the country be withdrawn? Yes. Imported food declared unsafe by the competent authority of the exporting country after entry into the Philippines shall be withdrawn from the market and distribution channels.

Practical takeaways

• The legal duty to withdraw unsafe food rests first on the food business operator, and it is triggered by knowledge or reasonable belief that the food is unsafe or non-compliant.
• Notification of the regulatory authority is part of the withdrawal duty — it is not optional.
• If the product may have reached consumers, the operator must inform consumers accurately and recall the product where necessary.
• Unsafe food in a batch, lot or consignment makes the entire batch, lot or consignment presumed unsafe.
• Which agency responds depends on the food: the DA for primary production and post-harvest, the DOH/FDA for processed and prepackaged foods, and LGUs for food businesses in their jurisdiction.

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. 9711 - AN ACT STRENGTHENING AND RATIONALIZING THE REGULATORY CAPACITY OF THE BUREAU OF FOOD AND DRUGS (BFAD) BY ESTABLISHING ADEQUATE TESTING LABORATORIES AND FIELD OFFICES, UPGRADING ITS EQUIPMENT, AUGMENTING ITS HUMAN RESOURCE COMPLEMENT, GIVING AUTHORITY TO RETAIN ITS INCOME, RENAMING IT THE FOOD AND DRUG ADMINISTRATION (FDA), AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 3720, AS AMENDED, AND APPROPRIATING FUNDS THEREOF

• 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

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