Safety First.” This ubiquitous sign in plants and factories remind the workers to always integrate personal security into their work and decisions. It can also be interpreted to mean that management puts a premium in the protection of their employees or laborers.
Should this concern extend as well to the safety and well-being of the residents in the host community? Of course. The term “corporate social responsibility” (CSR) is gaining popularity to showcase corporate conscience of an enterprise. CSR refers to “operating a business in a manner that accounts for the social and environmental impact created by the business.” Some entities enter into wholesome projects to project the image that they care for the well-being of the people in the areas which they operate. It is noted that “Companies are now challenged by stakeholders including customers, employees, investors and activists to develop a blueprint for how they will sustain economic prosperity while taking care of their employees and the environment” (https://www.asyousow.org/about-us/theory-of-change/corporate-social-responsibility/).
Under local governance, the local government units (LGUs) have the principal responsibility to prioritize the welfare of their constituents through the mandated delivery of essential and devolved services indispensable to the requirements of a decent standard of living. Among others, these are health and sanitation, shelter, strengthening the resiliency of ecosystems through the maintenance of a healthful and balanced ecology and of the people through disaster risk reduction and management and recently, food safety.
The spate of food poisoning cases victimizing students and elderly and the fish kills in municipal waters and protected areas stress the importance of the implementation of a new law which is the framework for implementing the farm (or oceans) to fork Food Safety Regulatory System in the country.
The still-to-be-popularized Republic Act No. 10611, the Food Safety Act of 2013, puts in the lap of the local authorities the main responsibility of ensuring the safety and health of food consumers in their respective areas. It provides that the “LGUs shall be responsible for food safety in food businesses such as, but not limited to, activities in slaughterhouses, dressing plants, fish ports, wet markets, supermarkets, school canteens, restaurants, catering establishments and water refilling stations. The LGU shall also be responsible for street food sale, including ambulant vending.”
In addition, “the LGUs shall be responsible for the enforcement of the ‘Code on Sanitation of the Philippines’ (Presidential Decree No. 856, December 23, 1975), food safety standards and food safety regulations where food is produced, processed, prepared and/or sold in their territorial jurisdiction. This shall include, but shall not be limited to, the following:
“(1) Sanitation particularly in public markets, slaughterhouses, micro and small food processing establishments and public eating places;
“(2) Codes of Practice for production, post-harvest handling, processing and hygiene;
“(3) Safe use of food additives, processing aids and sanitation chemicals; and
“(4) Proper labeling of prepackaged foods.”
Undoubtedly, the LGUs, in the exercise of police powers, should regulate the business, trade and occupation of food business operator (FBOs), to protect the health of the residents and to promote fair trade practices.
It is absolutely prohibited to operate a food business without the appropriate authorization. Food business “refers to any undertaking, whether public or private, that carries out any of the activities related to, or any of the stages of the food supply chain.”
Refusal by the FBOs to comply with the law merits hefty fines and penalties, in addition to treatment for the rehabilitation and hospitalization of the injured victim. If the offender does not have the appropriate authorization, the imposable fines shall be doubled.
This law is special because to my knowledge, “traceability” for foods has become a legal concept. It refers to the ability to follow the movement of a food through specified stages of production, processing and distribution. It is crucial for consumers to know the source and the various stages of production, post-harvest handling, processing and distribution of the food they choose to buy.
It provides that “Traceability shall be established for foods at relevant stages of production, post-harvest handling, processing or distribution, when needed to ensure compliance with food safety requirements. The rule on traceability shall also cover production inputs such as feeds, food additives, ingredients, packaging materials and other substances expected to be incorporated into a food or food product.”
Consumers of all ages must also learn to assert their rights as smart consumers and care enough to know where the food they eat is coming from. It is important and urgent that schools and universities include consumer education in their courses and curriculum.
The regulators should require that the food source is legally obtained or harvested. Apart from strong enforcement activities, there should already be a strong market denial policy for fish caught from illegal fishing such as destructive blast fishing and those fished in municipal waters by illegal commercial fishers and juvenile fishes.
It is time that the authorities concerned implement the Food Safety Act and other laws. Failure to exercise the much-needed political will to do so means choosing to abandon the clear duty to protect the life and health of our citizens.