AN ORDINANCE ON THE INTENSIFICATION OF THE DISTRIBUTION, RETAILING AND THE USE OF IODIZED SALT IN THE MUNICIPALITY OF MARIBOJOC, BOHOL PROVIDING PENALTIES FOR VIOLATION THEREFORE.
Sponsored by: Committee on Health & Sanitation
WHEREAS, iodine deficiency disorders-involving physical and mental abnormalities including goiter, mental retardation, deaf-mutism, difficulty in standing or walking of the limbs-are reportedly still a public health in the country including the Municipality;
WHEREAS, the lowly table salt, it fortified with iodine, appears to be the most viable option to combat the spread of the said iodine deficiency disorders considering that it is an essential ingredient in any food preparation for public or private consumption;
WHEREAS, it is the policy of the state to promote salt iodization nationwide as mandated by the “ASIN” law;
WHEREAS, Section 17 of the Local Government code of 1991 stipulates that local public health and social services agencies have obligation to take good care of the health of their constituents in the eradication of iodine deficiency disorders
NOW, THEREFORE, be it ordained by the Sangguniang Bayan in the Municipality of Maribojoc in session assembled that:
SECTION 1. Title.- This ordinance shall be known as “An ordinance on the Intensification of the Use of iodized Salt in the Municipality.
SECTION 2. Policy.- It is hereby declared a policy of the Local Government of Maribojoc to comply with the state policy to protect and promote the health of the people, to maintain an effective food regulatory system, and to provide the entire population especially women and children with proper nutrition vis-à-vis the use of iodized salt as mandated by Republic Act No. 8172 otherwise known as “An Act for Salt Iodization Nationwide (ASIN).
SECTION 3. Prohibition.-. It shall be unlawful for any owner, proprietor and / or manager of business establishments to sell non-iodized salt, and food outlets such as, but not limited to restaurants, canteens, hotels, caterers and hospitals as well as food manufacturer or processors to use the same as ingredient in the preparation of food for human consumption.
SECTION 4. Definition of Terms.-. For purpose of this ordinance, the following terms shall be constructed as follows:
Iodized Salt – refers to table salt fortified with iodine.
Business Establishment – refers to business entities engaged in the production, distribution, trading supplying and retailing of salt.
Food Outlets – refers to business entities engaged in the preparation and retailing of food such as restaurants, canteens, hotels, caterers, hospitals, fastfood joints, and other similar establishments.
Non-Iodized Salt – refers to table salt not fortified with iodine.
SECTION 5. Coverage.-. The scope of the implementation of this ordinance shall cover any owner, proprietors and/ or manager of business establishment and / or food outlet operating in the Municipality of Maribojoc as defined by Section 3 of this ordinance.
SECTION 6. Enforcement and Monitoring- In order to effectively and efficiently implement this ordinance, the Maribojoc Task Force on Iodized Salt shall be created composed of the following members and a Chairman to be appointed authority unless sooner terminated for whatever cause/s:
a) Mayor or any authorized representative – Chairman
b) Municipal Health Officer – Vice-Chairman
c) SB Chairperson of the Committee on Health – Member & Sanitation
d) Representative of the BFAD – Member
e) Representative of the private sector or NGO – Member
SECTION 7. Functions- The Maribojoc Task Force on Iodized Salt shall be tasked to do the following:
a) Lead in the conduct of advocacy and dissemination of information relative to Republic Act No. 8172 otherwise known as the ASIN law;
b) Act as and advisory Body to the Executive Branch of the Municipal Government of Maribojoc on policy formulation / development, program conceptualization, planning and monitoring towards the promotion on the use of iodized salt;
c) Act as monitoring Body in the implementation of R.A. No. 8172 and other policies approved and adopted by the Municipal Government of Maribojoc germane to the use of iodized salt;
d) Recommend to the Municipal Circuit Trial Court (MCTC) and/ or Bureau of Food and Drugs (BFAD) the filling of criminal, civil and / or administrative cases against violators of R.A. 8172;
e) Deputize all public market supervisors and other personnel assigned in the government – administered markets to strictly monitor the trading and / or sale of salt in the public markets, as well as, assist the appropriate government agencies in confiscation of non-iodized salt; and
f) Submit quarterly progress report to the Office of the Municipal Mayor.
SECTION 8. Secretariat- The Municipal Health Office shall serve as the Secretariat for the purposes of administrative and / or technical staff support of the Maribojoc Task force on Iodized Salt and shall be responsible for the following:
a) Coordinate the Activities of the Task Force;
b) Serve as the center of the communication by receiving and dissemination information from and to members of the Task Force;
c) Document meetings and other activities of the Task Force;
d) Keep all the records of the Task Force;
e) Perform other functions as may be assigned by the Chairperson of the Task Force;
SECTION 9. Penalty- At the discretion of a court of competent jurisdiction, any person whether natural or juridical who violates Section 2 and 3 of this ordinances shall be penalized in the following manner:
a) First Offense – A fine of not less than Five Hundred (Php 500.00) Pesos but not more than One Thousand (Php1,000.00) Pesos or the suspension of Business Permit for a period if Fifteen (15) days or both, at the discretion of the court;
b) Second Offense – A fine of not less than One Thousand 9Php1,000.00) Pesos but not more than Two Thousand (Php2,000.00) Pesos or the suspension of Business Permit for a period of One (1) month or both, at the discretion of the court
c) Third Offense – A fine of not less than Two Thousand (Php2,000.00) Pesos but not more than Two Thousand Five Hundred (Php2,500.00) Pesos and the revocation of the offender’s Business Permit.
Provided however, that if the owner of the business establishment is a corporation the person charged with the management of the business of such firm or corporation shall be personally liable for the fine.
SECTION 10. Compromise Penalty.- an administrative compromise penalty consisting of a fine in the amount of FIVE HUNDRED (Php500.00) PESOS maybe imposed by the Task Force and collected by the Municipal Treasurer from an apprehended violator, should he or she opt to pay the same instead of being prosecuted in court. In all instances, an apprehended violator can avail only once of the compromise penalty upon the recommendation of the Task Force.
SECTION 11. Saving Clause.- Should any part or parts of this ordinance be declared invalid or unconstitutional, the other parts not so declared shall remain in force and effect.
SECTION 12. Repealing Clause.- Any other ordinance or parts thereof inconsistent therewith are hereby repealed or modified accordingly.
SECTION 13. Effectivity.- This ordinance shall take upon approval fro the Sangguniang Panlalawigan and publication.
Approved: November 07, 2003
Let copies be furnished the Sangguniang Panlalawigan of Bohol and Municipal Treasurer, Maribojoc, Bohol for review and approval.
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
PHILIP R. MEDEQUISO.
Municipal Vice Mayor
NOEL D. VELOSO
SB Secretary – OIC
ENGR. GABINO C. REDULLA
Date signed: November 17, 2003