Laws and Regulation Affecting Foodservice Institution in The Philippines

Week 4 Laws and Regulation Affecting
Food Service Institution in the

Philippines
DESCRIPTION OF FOODSERVICE OPERATIONS
PURSUANT TO P.D. 259
Restaurant is defined as a place where people pay to eat meals. In local setting, pursuant
to Presidential Decree 259, “restaurant shall be held to mean any establishment offering to the public
regular and special meals or menu, cooked food and short orders. Such public eating places may
also serve coffee, beverages and drinks.
For purposes of registration and licensing, restaurants are classified into the following categories,
namely:
CLASS A : De Luxe
CLASS B : First Class
CLASS C : Tourist Class
CLASS D : Economy Tourist Class
The above classification is based on a point system devised by the Department of
Tourism related to required standards for facilities, operation and maintenance of the restaurant.
Class A restaurants shall the totality of points ranging from 476 to 550; while Class D shall have a
totality of points ranging from 200 to 325 points.
(RA 10611, 2013) – BASIC PRINCIPLES OF FOOD SAFETY

SEC. 5 Food safety requirements. To ensure food safety, the following general guidelines shall be
observed:
 In determining whether food is unsafe, the following shall be considered:

 The normal conditions of the use of food by the consumer
 The normal conditions maintained at each stage of primary production, processing, handling,
storage and distribution.
 The health of plants and animals from where the food is serviced.
 The effect of feeds, crops, protection chemicals and other production inputs on otherwise healthy
plants and animals
 The information provided to the consumer. This includes the information provided on the label or
any information generally available to the consumer. This should aid consumers in avoiding
specific health effects from a particular food or category of foods.
 In determining whether food is injurious to health, regard shall be given to the following:
 The probable immediate, short-term or long-term effects on subsequent generations of that food
on health
 The probable cumulative effects and
 The particular health sensitivities of a specific category of consumers where the food is intended
for that category.
 In determining whether food is unfit for human consumption, regard shall be given to the
unacceptability of the food according to its intended use due to contamination by extraneous
matter or through putrefaction, deterioration or decay.
 Where unsafe food is part of a batch, lot or consignment of food of the same class or description,
it shall be presumed that all food in that hatch, lot or consignment is also unsafe.
 Food that complies with specific national law or regulations governing food safety shall be
deemed safe insofar as the aspects covered by national law and regulations are concerned.
However, imported food that is declared unsafe by the competent authority of the exporting
country after entry into the country shall be withdrawn from the market and distribution channels
 Compliance of a food product with specific standards applicable to a specific food shall not
prohibit the competent authorities to take appropriate measures or to impose restrictions on entry
into the market or to require its withdrawal from the market, where there is reason to suspect that
such food product shows food safety .
SECTION 17. Structure Requirements Food establishments shall constructed in accordance

with the following requirements:
1. No person shall use any room or place for or in connection with the preparation, storage handling
or sale of any articles of food.
 which is at any time 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 contaminated 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 multi-
purpose business establishments, food may be manufactures, prepared, cooked, stored or sold
only in the area set aside exclusively for said purpose and for which a sanitary permit has been
issued.
2. No sanitary permit shall be issued for any premises to be used for the preparation, handling and
sales 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 materials that is resistant to wear
and corrosion and shall be adequately graded and drained. All angels between the floors and the
walls shall be rounded off to a height of not less than 3 inches (7.62 cm) from the floor.
 Constructed of wood with dovetailed or tongue and grooved floor boards laid on a firm foundation
and tightly clamped together with all angels between the floor and wall rounded off to a height of 3
inches (7.62 cm)
 Constructed in accordance with the requirements of sub-clause the above mentioned clause
above 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, eve, 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 shall be painted in light colors are treated with such other wall finish as the
health authority may prescribe.
 CEILINGS
 All ceiling 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.
 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 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 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, ceiling and for the removal of
objectionable odors, fumes and impurities.
 In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean
area, and the discharging in such a manner as not to create a nuisance, shall be provided.
 Canopies, air ducts, fans or other appliance 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 there on to carry out his
duties efficiently 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 situated and arranged so that there is no contamination of food by contact
with clothing, and where the number of persons engaged or unemployed is four or more of either
sex, there shall be provided separate changing rooms for each sex.
SECTION 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 servicing 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.

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Week 4 Laws and Regulation Affecting

Food Service Institution in the

(RA 10611, 2013) – BASIC PRINCIPLES OF FOOD SAFETY

 In determining whether food is unsafe, the following shall be considered:

SECTION 17. Structure Requirements Food establishments shall constructed in accordance

 FLOORS The Floors shall be:

SECTION 18. Use of Food-Service Spaces

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

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