ORDINANCE ADOPTING THE MUNICIPALITY OF MARIBOJOC FOOD FORTIFICATION CODE.
Authored by: Kag. Cesar G. Campos
Sponsored by: MASS MOTION
WHEREAS, one of the most prevalent disorders in our country including the Municipality of Maribojoc is micronutrient malnutrition, otherwise known as “hidden hunger”, which refers to the deficiency of Vitamin A, iron and iodine;
WHEREAS, among the hardest-hit group of micronutrient malnutrition are the pre-school children below six (6) years old and mothers of reproductive age;
WHEREAS, recognizing the urgent need to eliminate the micronutrient problems that threaten the lives of millions of our countrymen, Republic Act No. 8976 otherwise known as the “Food Fortification Act” was passed into law on November 7, 2000;
WHEREAS, food fortification, the most cost-effective and sustainable strategy to address micronutrient malnutrition, is the process of adding essential nutrient to widely consumed foodstuffs to increase the individual’s recommended dietary nutrients;
WHEREAS, there is a need to pass an ordinance to make the provisions of the national law germane to the local setting;
NOW THEREFORE, be it ordained as it is hereby ordained by the Sangguniang Bayan of the Municipality of Maribojoc, Bohol in their session duly assembled, that:
SECTION 1: This ordinance shall be known as the “Municipality of Maribojoc Food Fortification Code”.
SECTION 2: Declaration of Policies.
Section 15 of Article 11 of the 1987 Constitution provides that:
“x x x The Stock shall protect and promote the right to health of the people and instill health consciousness among them x x x”
The local Government Unit of Maribojoc recognize that nutritional defieciency problems in the municipality of Maribojoc based on nutrition surveys, include deficiencies in emergency, iron, vitamin A, iodine, thiamin and riboflavin. To minor extent, diet is also deficient in ascorbic acid, calcium and folate.
The Local Government Unit of Maribojoc further recognizes 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: Definition of Terms.-
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 milligrams are 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 synthesized 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 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.
f.) Glutinous Rice – a special type of rice whose grains are white and opaque in appearance. It coagulates into a sticky mass when cooked.
g.) Refined sugar – raw sugar that has undergone processing to produce white, crystalline sugar used for household consumption and as an ingredient for processed food including white refined sugar derived from 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 particularly or completely the 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.g. rice, flour, sugar. Oil, etc.)
j.) Nutrition Facts – a statement or information on food labels indicating the nutrient(s) and the quality of said nutrient food 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 nutrients 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 fortify foods or food products with essential nutrients at levels approved by the Department of Health. The fundamental concept of the program is to authorize manufacturers to use the DOH seal of acceptance for processed foods or food products, after these consumers in selecting nutritious foods.
m.) Maribojoc Food Fortification Compliance Program (MFFCP) – 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 of the 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.) Maribojoc Nutrition council (MNC) – refers to the policy and coordinating body, who shall serve as advising body a food fortification.
SECTION 4: Coverage.
The Municipality of Maribojoc Food Fortification Program shall cover all imported or locally processed foods or food products for sale or distribution for human consumption in the Municipality of Maribojoc. The said program shall consist of two system, to wit:
a.) Mandatory Food Fortification – refers to specific food products enumerated under 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 violation to enhance their nutrition content of their food products.
MUNICIPALITY OF MARIBOJOC FOOD FORTIFICATION PROGRAM
SECTION 5: It shall be mandatory to all manufacturers, producers, importers, traders, retailers, repackers operating within the Municipality of Maribojoc to distribute and sell fortified food products on the following staple foods, as follows:
a.) All rice, except brown rice and locally produced glutinous rice, to be fortified 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 Municipality of Maribojoc are required to use the mandatory fortified staple foods on their products.
LABELING 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.
FOOD FORTIFICATION IN EDUCATIONAL INSTITUTIONS
SECTION 8: All canteens and food service establishments operating inside the premises of any school in the Municipality of Maribojoc shall be required 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 AND REVIEW
SECTION 9: The Municipal Health Office shall perform the following responsibilities:
a.) To ensure the efficient implementation of this ordinance in coordination with other offices of the municipal government.
b.) To conduct promotional campaign and advocacy activities in the use of fortified processed foods or food products through its Maribojoc Food Fortification Seal Program (MFFSP)
c.) Conduct monitoring/checking that foods mandated to be fortified, such as rice, refined sugar, wheat flour, cooking oil and food grade salt are properly fortified and labeled.
d.) To identify food service establishment, restaurants and manufacturing using fortified food products.
SECTION 10: Maribojoc Nutrition council (MNC) – The Maribojoc Nutrition Council shall perform among other things, as follows:
a.) To serve as the policy-making and coordinating body on food fortification.
b.) To coordinate with and seek assistance from private sectors and non-government organizations for the promotion of fortification program of the municipal government
c.) To conduct a periodic review on the proper and prompt enforcement and implementation of the provisions of this code.
SECTION 11: 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 set on this ordinance shall be penalized as follows:
FIRST OFFENSE: A fine of One Thousand Pesos (P1,000.00) plus confiscation and forfeiture of his commercial goods/articles.
SECOND OFFENSE: A fine of One Thousand Five Hundred Pesos (P1,500.00) plus confiscation and forfeiture of his commercial goods / articles and temporary closure of his establishment upon recommendation by the Municipal Health Officer to the Municipal Mayor.
THIRD OFFENSE: A fine of Two Thousand Pesos (P2,000.00) plus confiscation and forfeiture of his commercial goods/articles and permanent closure of his establishment upon recommendation by the Municipal Health officer to the Municipal Mayor. His business permit shall automatically be cancelled and revoked.
SECTION 12: This ordinance shall take effect upon approval.
Approved: September 2, 2005
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
FILOMENA V. ASEDILLA
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
PHILIP R. MEDEQUISO
ENGR. GABINO C. REDULLA
Date signed: September 6, 2005