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ORDINANCE ADOPTING THE MARIKINA CITY FOOD FORTIFICATION CODE

Marikina City · NCR
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pilipirar $tpuLlifa ng SANGGUNIANG PANLUNGSOD NG MARIKINA Doqimanl Tiaddlo Srdim ilt itiltilil1ililtiltililfltililiiltil 04_m67t3 ORDINANCENo. 143 Series of 2004 ORDINANCE ADOPTING TIIE MARIKINA CITY FOOD FORTIFICATION CODE Introduced by: Councilor JOSE FABLAN I. CADZ, M.D. WHEREAS, one of the most prevalent nutritional disorders in our country lnglu.ling the City of Marikina is micronutrient malnuritioru otherwise known as "hidden hrmgef', which refen to the deficiency of vitamin A' iron and iodine; WHEREAS, among the hardest-hit group of micronutient malnutrition are the pre- school children below six (6) years old and mothers ofreproductive age; WHEREAS, various socio-civic and non-govefilment organizations, including the Rotary International had launched various programs and projecs that aims to improve the nutritional status of our marginalized and underprivileged brothers and sisters; WHEREAS, recognizing the urgent need to eliminete the micronutrient malnutrition problems that tbreafen the lives of millions of our countrymen, Republic Act No. 8976 othenvise loown as the "Food Fortification Act" was passed into law on November 7, 2000; WHEREAS, food fortification, the most cost-effective and sustainable strarcgr to address micmnutrient malnutsition, is the process of adding essential nutsient to widely consumed foodstutrs to increase the individual's recommended dietary nutrients; WHEREAS, there is a need to poss an ordinance to make the provisions of the natioral law germane to the local setting; SANGGLINIANG PANLLINGSOD OF MARIKINd in session duly assernble4 that: RULEI GENERAL PROVISIONS SECTION l. This ordinance strall be known as the *Marikina City Food Fortification Code". SECTION 2. Declaration of Policies: Section I 5 of Article II of the I 987 Consitution provides that: "x x x The State shall protect and promote the right to health of the people and instill health consciousness among them x x x r') ORDINANCE NO. I43 SERIES OF 2OO4 The City Govemment recognizes that nutritional deficiency problems in the City based on nutrition surveys, include deficiencies in energy, iron, vitarnin A, iodine, thiamin and riboflavin. To a minor extent, diet is also defrcient in ascorbic acid, calcium and folate. The City Govemment firther recogrlizes that food fortification is vital where there is a demonstrated need to increase the intake of an essential nutrient by one or more population groups, as manifested in dietary, biochemical or clinical evidences of deficiency. Food fortification is considered important in the promotion of optimal health and to compensate for the loss of nutrient due to processing and/or storage of food. SECTION 3. For the purpose of this ordinance, the following terms shall be understood to mean: a) Micronutrient - an essential nutrient required by the body in very small quantities; recommended intakes are in milligmms or micrograms b) Nutrient - any chemical substance needed by the body for one or more of these functions: to provide heat or energy, to build and repair tissues, and to regulate life processes. Although nutrients are found chiefly in foods, some can be syntesized in the laboratory like vitamin and mineral supplements or in the body through biosynthesis. c) Fortification - the addition of nutrients to processed foods or food products a levels above the natural state. As an approach to control micronutrient deficiency, food fortification is the addition of a micronutrient, deficient in the diet, to a food, which is widely consumed by specific at-risk groups. d) Fortificant a substance, in chemical or natural form, added to food to increase its nutrient value. e) Cooking Oil - edible oil derived from vegetable sources intended for human consumption, including its use in food preparation or in processing other food products. Glutinous Rice - a special type of rice whose grains are white and opaque in appeaftrnce. It coagulates into a sticky mass when cooked. c) Refined Sugar - raw sugiu that has undergone processing to produce white, crystalline sugar used for household consumption and as an ingredient for processed food including white rehned sugar derived from sugar beets and sugar containing flavoring or coloring matter wherein sugar content is over 65% by dry weight. h) Processed Food or Food Products - food that has been subjected to some degree of processing like milling, drying, concentrating, canning, or addition of some ingredients which changes partially or completely t}le physio- chemical and/or sensory characteristics of the food's raw material. i) Staple Food - basic food normally consumed by the general population on daily basis (e.9. rice. flour, sugar, oil , etc.)t , ORDINANCENO. I43 SERIES OF 2OO4 j) Nutrition Facts - a statement or information on food labels indicating the nutrient(s) and the quality of said nutrient found or added in the processed foods or food products. k) Nutrition labeling - a system of describing processed foods or food products on the basis of their selected nutrient content. It aims to provide accurate nutrition information about each food. This is printed in the food labels as 'Nutrition Facts". l) Sangkap Pinoy Seal Program - a strategy to encourage manufacturers to fortifi processed foods or food products with essential nutrients at levels approved by the Depa(ment of Health. The firndamental concept of the program is to authorize manufacturers to use the DOH seal of acceptance for processed foods or food products, after these products passed a set ofdefined criteria. The seal is a guide used by consumers in selecting nutritious foods. m) Marikina City Food Fortification Compliance Program (MCFFCP) - the proper identification and registration of all food service establishments, restaurants and manufacturing using and selling fortified food products. n) Manufacturers - the refinery in case of refined sugar or cooking oil, the miller in case of flour, or rice, or the importer in case of imported processed foods or food products, or the processor in case ofthe other processed food products. o) Importer - any person, natural or juridical, that brings in food/food products from other countries for its own use or for wholesale/retail distribution to other food establishment or outlets. An importer may also be a manufacturer. p) Marikina City Nutrition Council (MCNC) - refers to the policy and coordinating body who shall serve as advisory body on food fortification. SECTION 4. coverage. The Marikina city Food Fortification program shall cover all imported or locally processed foods or food products for sale or distribution for human consumption in the city of Marikina. The said program shall consist of two system, to wit: a) Mandatory Food Fortification - refers to specific food products enumerated ,nder section 5 of this ordinance and those that may be required by the National Nutrition Council. b) voluntary Food Fortification - refers to other food products which are not required to be fortified, but food processor are encouraged to undertake food fortification on their own volition to enhance their nutrition content of their food products. RULE II MARIKINA CITY FOOD FORTIFICATION PROGRAM SECTION 5. It shall be mandatory to alr manufacturers, producers, importers, traders, retailers, repackers operating within the city of Marikina to distribute and sell fortifieJ food products on the following staple foods. as follows: x L ORDINANCENO. 143 SERIES OF 2OO4 a) All rice, except brown rice and locally produced glutinous rice, to be fortifred with iron b) Wheat flour to be fortified with vitamin A and Iron c) Refined sugar for human consumption to be fortified with vitamin A d) Cooking oil for human consumption to be fortified with vitamin A e) Food grade salt to be fortified with iodine SECTION 6. All restaurants and food service establishments operating within the City of Marikina are required to use the mandatory fortified staple foods on their products. RULE III LABELLING OF FORTIFIED PRODUCTS SECTION 7. The label of fortified staple food products offered for sale in the market shall include statement of the fortificant added and the amount present within the shelf life of the product. RULE IV FOOD FORTIFICATION IN EDUCATIONAL INSTITUTIONS SECTION 8. All canteens and food service establishments operating inside the premises of any school in the City of Marikina shall be requircd to sell a portion of their processed products with DOH seal of Sangkap Pinoy Seal Program. Their products should be displayed prominently within the place of their establishment. IMPLEMENTATION, MONITORING & R.EVIEW SECTION 8. The City Health Office shall perform the following responsibilities; a) To ensure the efficient implementation of this ordinance in coordination with other oflices of the city govemment. b) To conduct promotional campaign and advocacy activities on the use of fortifred processed foods or food products through its Marikina City Food Fortification Seal Program (MCFFSP) c) Conduct monitoring/checking that foods mandated to be fortified, such as rice, refined sugar, wheat flour and cooking oil are properly fortified and labeled. d) To identiff food service establishment, restaurants and manufacturing using fortifi ed food products. SECTION 9. Marikina City Nutrition Council (MCNC) - The Marikina City Nutrition Council shall perform among other things, as follows: a) To serve as the policy-inaking and coordinating body on food fortification. b) To coordinate with and seek assistance from private sectors and non- govemment organizations for the promotion of fortification program of the city govemment. c) To conduct a periodic review on the proper and prompt enforcement and implementation of the provisions of this ORDINANCENO. I43 SERIES OF 2OO4 RULE V PENALTY CLAUSE SECTION 10. Non-compliance by manufacturers, producers, importers, traders, retailers, repackers of food products as well as restaurants and food service establishments of the food fortification guidelines as s€t on this ordinance shall be penalized as follows: FIRST OFFENSE: A fine of One Thousand Pesos in (Php1,000.00) addition to confiscation and forfeiture of his commercial goodVarticles. SECOND OFFENSE: A fine of One Thousand Five Hundred Pesos (Php1,500.00) plus confiscation and forfeiture of his commercial goods/articles and temporary closure of his establishment upon recommendation by the City Health Officer to the Business Permit and Licensing Office (BPLO). A fine of Two THIRD OFFENSE: Thousand Pesos plus (Php2,000.00) confiscation and forfeiture of his commercial goods/articles and permanent closure of his establishment upon recommendation by the City Health Officer to the Business Permit and Licensing Office (BPLO). His business permit shall automatically be cancelled and revoked. RULE VI EFtr'ECTI\rITY ll. SECTION This ordinance shall take effect on November 7,2004. APPROVED by the SANGGLINIANG PANLLTNGSOD OF MARIKINA this 20ft day of October, 2004. I TO HEREBY CERTIFY THE PASSAGE OF THE FOREGOING ORDINANCE, WHICH WAS DULY APPROVED BY THE CITY COUNCIL OF MARIKTNA DURING ITS ITTH REGULAR SESSION HELD ON OCTOBER 20, 2004. ./olna E. DE LEoN City Council Secretary ORDINANCENO. 143 SERIES OF 2OO4 ATTESTED & CERTIFIED TO BE DULY APPROVED: on il-zt ntl AppRovED MA. INURDES C. FERNANDO uayorI City