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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 856
PRESIDENTIAL DECREE NO. 856 - CODE
ON SANITATION
|
chanroblesvirtualawlibrary
WHEREAS,
the health of the people, being of paramount importance, all efforts of
public services should be directed towards the protection and promotion
of health; and
WHEREAS, with the advance in the field of sanitation in recent years,
there arises the need for updating and codifying our scattered sanitary
laws to ensure that they are in keeping with modern standards of
sanitation and provide a handy reference and guide for their
enforcement;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following Code on Sanitation:cralaw:red
CODE ON SANITATION OF THE PHILIPPINES
CHAPTER I
GENERAL PROVISIONS
Section 1. Title. — The title of this Code is "Code
on Sanitation of the Philippines".
Section 2. Definition of Terms. — Whenever any of the
following words or terms is used herein or in any rule or regulation
issued under this Code, it shall have the meaning given it in this
section, as follows:cralaw:red
a. Code — Code on Sanitation of the Philippines.
b. Department — The Department of Health.
c. Secretary — The Secretary of Health.
d. Regional Director — an official who heads a
Regional Health Office.
e. Local Health Authority — an official or employee
responsible for the application of a prescribed health measure in a
local political subdivision.
f. Health Officer — Provincial, City or Municipal
Health Officer.
g. Engineer — A Sanitary Engineer.
h. Section — any section of this code unless the
term refers to other statutes which are specifically mentioned.
Section 3. Functions of the Department of Health. —
The Department shall have the following powers and functions:cralaw:red
a. Undertake the promotion and preservation of the
health of the people and raise the health standards of individuals and
communities throughout the Philippines;chanroblesvirtualawlibrary
b. Extend maximum health services to the people in
rural areas and provide medical care to those who cannot afford it by
reason of poverty;chanroblesvirtualawlibrary
c. Develop, administer and coordinate various health
activities and services which shall include public health, preventive,
curative and rehabilitative programs, medical care, health and medical
education services;chanroblesvirtualawlibrary
d. Upgrade the standards of medical practice, the
quality of health services and programs to assure the people of better
health services;chanroblesvirtualawlibrary
e. Assist local health agencies in developing public
health programs including medical care, and promote medical and public
health research;chanroblesvirtualawlibrary
f. Issue permits to establish and operate government
and private hospitals, clinics, dispensaries, schools of nursing,
midwifery, and other para-medical course, puericulture centers,
clinical laboratories and blood banks;chanroblesvirtualawlibrary
g. Prescribe standard rates of fees for health,
medical, laboratory, and other public health services; and
h. Performs such other functions as may be provided
by law.
Section 4. Authority of the Secretary. — In addition
to the powers and authority of the Secretary which are provided by law,
he is likewise empowered to promulgate rules and regulations for the
proper implementation and enforcement of the provisions of this Code.
Section 5. Authority of the Bureau of Directors. —
The Bureau Directors shall be responsible for staff activities
involving the development of plans, programs, operating standards and
management techniques in their respective field of assignment.
Section 6. Authority of the Regional Directors. —
The Regional Directors shall administer health functions in their
regions, implement policies, standards and programs involving health
services; and enforce the provisions of this Code and the rules and
regulations promulgated by the Secretary under this Code.
Section 7. Authority of the Health Officers. — The
health officers shall administer health functions in areas under their
jurisdiction and enforce the provisions of this Code and the rules and
regulations promulgated by the Secretary under this Code.
Section 8. Miscellaneous Provisions. —
a. International treaties, agreements and
conventions — The Republic of the Philippines recognizes international
treaties, agreements and conventions on public health. Their provisions
may be considered parts of this Code provided they do not contravene
the Constitution, existing laws or any provision of this Code.
b. Rights and proceedings — Any proceeding which has
commenced or any right which has accrued upon the effectivity of this
Code shall not be affected by any of its provisions. However, matters
of procedure and rights arising after the date of effectivity of this
Code shall conform to the provisions hereof.
c. Delegation of power and assignment of duty —
Whenever a power is granted or a duty is assigned to any public health
officer in this Code, the power may be exercised by a deputy or agent
of the official pursuant to law, unless it is expressly provided
otherwise in this Code.
d. Language required — Any notice, report, statement
or record required or authorized by this Code, shall be written in
English or Pilipino.
e. Mailing of notices — Unless otherwise expressly
provided, any notice required to be sent to any person by any provision
of this Code, shall be sent through the postal service. The affidavit
of the official or employee who mailed the notice is prima facie
evidence that the notice was sent as prescribed herein.
f. Condemnation and seizure of property — When any
property is officially condemned or seized by government authorities in
the interest of public health, the owner thereof shall not be entitled
to compensation.
g. Command responsibility — When a duty is expressly
vested in a health officer as provided in this Code, it shall be
understood that it shall likewise be the concern of the superiors of
the health office under the principle of command responsibility.
CHAPTER II
WATER SUPPLY
Section 9. Prescribed Standards and procedures. —
Standards for drinking water and their bacteriological and chemical
examinations, together with the evaluation of results, shall conform to
the criteria set by the National Drinking Water Standards. The
treatment of water to render it safe for drinking, and the disinfection
of contaminated water sources together with their distribution systems
shall be in accordance with procedures prescribed by the Department.
Section 10. Jurisdiction of the Department. —
The approval of the Secretary or that of his duly authorized
representative is required in the following cases:cralaw:red
a. Sites of water sources before their construction;chanroblesvirtualawlibrary
b. Delivery of water to consumers from new or
recently repaired water systems;chanroblesvirtualawlibrary
c. Operation of a water system after an order of
closure was issued by the Department;chanroblesvirtualawlibrary
d. Plans and specifications of water systems of
subdivisions and projects prior to the construction of housing units
thereat; and
e. Certification of potability of drinking water.
Section 11. Types of Water Examinations Required. —
The following examinations are required for drinking water:cralaw:red
a. Initial examination. — The physical, chemical and
bacteriological examinations of water from newly constructed systems or
sources are required before they are operated and opened for public
use. Examination of water for possible radio-active contamination
should also be done initially.
b. Periodic examination — Water from existing
sources is subject to bacteriological examination as often as possible
but the interval shall not be longer than six months, while general
systematic chemical examination shall be conducted every 12 months or
oftener. Examination of water sources shall be conducted yearly for
possible radioactive contamination.
Section 12. Examining Laboratories and Submission of
Water Samples. —
The examination of drinking water shall be performed only in private or
government laboratories duly accredited by the Department. It is the
responsibility of operators of water systems to submit to accredited
laboratories water samples for examination in a manner and at such
intervals prescribed by the Department.
Section 13. Other Protective Measures. —
To protect drinking water from contamination, the following measures
shall be observed:cralaw:red
a. Washing clothes or bathing within a radius of 25
meters from any well or other source of drinking water is prohibited.
b. No artesians, deep or shallow well shall be
constructed within 25 meters from any source of pollution.
c. No radioactive sources or materials shall be
stored within a radius of 25 meters from any well or source of drinking
water unless the radioactive source is adequately and safely enclosed
by proper shielding.
d. No person charged with the management of a public
water supply system shall permit any physical connection between its
distribution system and that of any other water supply, unless the
latter is regularly examined as to its quality by those incharge of the
public supply to which the connection is made and found to be safe and
potable.
e. The installation of booster pump to boost water
direct from the water distribution line of a water supply system, where
low-water pressure prevails is prohibited.
CHAPTER III
FOOD ESTABLISHMENT
Section 14. Sanitary Permit. —
a. No person or entity shall operate a food
establishment for public patronage without securing a permit from the
local health office. The term "food establishment" as used in this
chapter means an establishment where food or drinks are manufactured,
processed, stored, sold or served.
b. Every Sanitary Permit shall be posted in a
conspicuous place of the establishment.
c. Fees — The fees payable on application for
permits and upon the issuances, renewal and noting of such certificates
shall be in such amounts as the City of Municipal Authority may by
resolution impose.
d. Noting of Permit — Within 14 days after any
change in the ownership or occupancy of any establishment, the new
occupant shall apply to the City or Municipal Health Officer to have
such change noted in the records and on the permit certificate which he
shall produce for the purpose and shall pay the corresponding fee in
respect of such noting.
e. Record of Permit Certificates
1) Every City or Municipality shall keep a record of
all establishments in respect of which permits have been issued and of
all permit certificates and renewals thereof.
f. The record shall in every case show the following:cralaw:red
i. The name and address of the holder of the permit
who in every case shall be the actual occupier of the establishment;chanroblesvirtualawlibrary
ii. The location of the establishment;chanroblesvirtualawlibrary
iii. The purpose or purposes for which the permit
has been issued;chanroblesvirtualawlibrary
iv. The date the first permit was issued and the
dates of any renewal thereof;chanroblesvirtualawlibrary
v. Every change of occupation and management of the
establishment since the first permit was issued; and
vi. Conditions under which the permit was issued or
any renewal thereof granted.
The record shall be available at all reasonable times for inspection by
any officer of the Department of Health.
Section 15. Health Certificates. —
No person shall be employed in any food establishment without a Health
Certificate issued by the local health authority. This certificate
shall be issued only after the required physical and medical
examinations are performed and immunizations are administered at
prescribed intervals.
Section 16. Quality and Protection of Food. — All
food must be obtained from sources approved by the local health
authority. In this regard, the following requirements are applicable:cralaw:red
a. Meats, meat products and fish shall be procured
from sources under sanitary or veterinary supervision.
b. All meat and fish shall be properly cooked before
serving.
c. No meat products, fish, vegetables and other food
sources shall be procured from sources or areas known to have been
affected by radioactivity as for example, areas contaminated with a
very large amount of radioactive fallout.
d. Milk and fluid milk products shall be obtained
from sources approved by the local health authority. Milk obtained from
other sources must be sterilized, pasteurized or otherwise heated.
e. Milk shall be stored in a refrigerator. Canned or
package milk, other than dry milk powders, shall be refrigerated after
the container has been opened.
f. All perishable and potentially hazardous foods
shall be stored at 45ºF (7ºC) or below.
Cooked food intended to be served hot shall be kept at a temperature
not lower than 140ºF (60ºC).
Raw fruits and vegetables shall be thoroughly washed before they are
used.
Section 17. Structural Requirements. — Food
establishments shall be constructed in accordance with the following
requirements:cralaw:red
1. No person shall use any room or place for or in
connection with the preparation, storage, handling or sale of any
article of food —chanroblesvirtualawlibrary
a. Which is at anytime used or in direct
communication with a sleeping apartment or toilet;chanroblesvirtualawlibrary
b. In which any animal is kept; or
c. Which is or has been used for any purpose which
would be likely to contaminate the food or to affect injuriously its
wholesomeness or cleanliness; or
d. Which is not used exclusively for the purpose;
Provided, That in department stores or multi-purpose business
establishments, food may be manufactured, 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 sale of food
unless it is constructed in accordance with the following requirements:cralaw:red
a. FLOORS. — The Floors shall be —
i. Constructed of concrete or other impervious and
easily cleaned material that is resistant to wear and corrosion and
shall be adequately graded and drained; all angles between the floors
and walls shall be rounded off to a height of not less than 3 inches
(7.62 cm.) from the floor; or
ii. Constructed of wood with dovetailed or tongue
and grooved floor boards laid on a firm foundation and tightly clamped
together with all angles between the floor and walls rounded off to a
height of 3 inches (7.62 cm.); or
iii. Constructed in accordance with the requirements
of
sub-clause (i) and (ii) of this clause 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.
b. WALLS
i. The internal surface of walls shall have a
smooth, even, non-absorbent surface capable of being readily cleaned
without damage to the surface and constructed of dust-proof materials;chanroblesvirtualawlibrary
ii. 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;chanroblesvirtualawlibrary
iii. The internal walls shall be painted in light
colors or treated with such other wall finish as the health authority
may prescribe.
c. CEILINGS
i. All ceilings or, if no ceiling is provided, the
entire under-surface of the roof shall be dust-proof and washable.
ii. 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.
d. LIGHTING
i. 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;chanroblesvirtualawlibrary
ii. 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;chanroblesvirtualawlibrary
iii. All lighting shall be reasonably free from
glare and distributed so as to avoid shadows;chanroblesvirtualawlibrary
iv. At other areas or working surfaces, the
illumination shall be of such intensity as may be required by the
health authority.
e. VENTILATION
i. Ventilation shall be provided which shall be
effective and suitable to maintain comfortable condition;chanroblesvirtualawlibrary
ii. The ventilation shall be adequate to prevent
ther from becoming excessively heated, prevent condensation and the
formation of excess moisture on walls, ceilings and for the removal of
objectionable odors, fumes and impurities;chanroblesvirtualawlibrary
iii. In the absence of effective natural
ventilation, mechanical ventilation withrflow from a clean area, and
discharging in such a manner as not to create a nuisance, shall be
provided;chanroblesvirtualawlibrary
iv. Canopies,r ducts, fans or other appliances shall
be provided as required by the health authority in particular
circumstances;chanroblesvirtualawlibrary
v. Effective provision shall be made for securing
and maintaining a reasonable temperature;chanroblesvirtualawlibrary
f. OVERCROWDING — There shall be sufficient
floor space to enable every person working thereon to carry out his
duties efficiently and to permit easy access for cleaning. Working
spaces,sles 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.
g. CHANGEROOMS
1. 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 so situated and arranged so that
there is no contamination of food by contact with clothing, and where
the number of persons engaged or employed is four or more of either
sex, there shall be provided separate changing rooms for each sex.
h. WASH-HAND BASINS
i. Wash-hand basins shall be installed in convenient
places and as near as practicable to where the person for whose use
they are provided are working while handling food for sale or in such
locations as may be otherwise prescribed in any particular case.
ii. If required in writing by the local health
authority an additional wash-hand basin shall be installed as near as
practicable to the toilet facilities: Provided, that the wash-hand
basins specified in this Code need not be installed in premises where
only food in sealed containers is sold: and, Provided, further, that
wash-hand basins specified in this regulation shall be installed under
specifications of the National Plumbing Code of the Philippines.
i. WASH-HAND BASIN MAINTENANCE
i. An adequate supply of soap, clean towels, roller
towels presenting a clean surface to each user from a continuous roller
towel dispenser or other hand drying services approved by health
authorities.
ii. The wash-hand basin and all hand washing
facilities shall, at all times, be maintained in good repair and in a
clean condition.
iii. All wash-hand basins shall, at all times, while
the premises are being used, be supplied with hot and cold or tempered
running water at a minimum temperature of 100ºF (37.8ºC).
Section 18. Use of Food-Service Spaces. —
a. Food-service spaces shall not be used as living
or sleeping quarters.
b. Clothing or personal effects shall be kept in
lockers or in designated places away from food service spaces.
c. No animal or live fowls shall be allowed in such
spaces.
d. Persons not directly connected with food
preparation and serving shall not be allowed to stay in food-serving
spaces.
e. Foods in storage or in preparation must not be
handled by anyone other than the preparation and serving staff.
Section 19. Food Handlers. —
a. No person shall be employed in any food
establishment without a health certificate issued by the local health
authority.
b. Food handlers shall at all times:cralaw:red
i. Wear clean working garments. The Cook shall wear
prescribed caps and female employees caps or hairnets.
ii. Observe good personal hygiene.
iii. Wash their hands thoroughly with soap and water
and dry them with a clean or disposable towel or a suitable hand-drying
device immediately before working, or after visiting the toilet.
Section 20. Vermin Control. —
Vermin — A group of insects or small animals such as flies, mosquitoes,
cockroaches, fleas, lice, bedbugs, mice, and rats which are vectors of
diseases.
a. Spaces where food and drinks are stored, prepared
and served shall be so constructed and maintained as to exclude vermin.
b. All opening which connects spaces to the outerr
shall be effectively protected with screen of non-corrosive wire
16-mesh or finer. Door screens shall be tight-fitting.
c. A vermin abatement program shall be maintained in
the establishments by their owners, operators, or administrators. If
they fail, neglect or refuse to maintain a vermin abatement programs,
the local health agency will undertake the work at their expense.
d. During deratting or disinfecting operations, all
foodstuffs, utensils, food preparation and cleaning equipment shall be
covered to protect them from toxic chemical substances.
e. Vermin control in public places shall be the
responsibility of the provincial, city or municipal governments which
have jurisdiction over them.
f. The procedure and frequency of vermin abatement
program shall be determined and approved by the local health authority.
Section 21. Toilet and Washing Facilities. —
a. Adequate and clean toilet facilities for male and
female customers and personnel shall be provided in properly located
areas.
b. Toilet rooms shall not open directly into spaces
where food is prepared, stored or served. Where such toilets exist, the
doors shall be tight fitting and self-closing.
c. Adequate hand-washing facilities shall be
provided within or adjacent to toilet room.
d. Facilities shall include hot and cold running
water, single-service paper or cloth towel dispenser or drying device
and soap or detergent.
Section 22. Disposal of Refuse. —
a. Refuse cans may be used in food-preparation areas
for immediate use only.
b. Storage refuse cans, filled and empty, shall be
in a designated space separate from food-handling operations.
c. These cans shall be constructed and maintained as
to be vermin-proof and easily cleaned.
d. Cans containing refuse shall be tightly covered
at all times, except during actual use in food-handling areas.
e. Holding bins may likewise be used, provided they
are constructed of impervious, readily-cleaned materials, and fitted
with tight-fitting covers.
f. Where refuse cans are used, a space separated
from the food-handling spaces and adjacent to the refuse-can storage
space shall be provided for cleaning them. This space shall be equipped
with scrubbing-brushes, cleansing agents, steam or hot water under
pressure, and a hose fitted with adjustable nozzle.
Section 23. Equipment and Utensils. —
a. They shall be so designed, fabricated and
installed so that cleaning is easy and they do not pose health hazards.
b. Lead-soldered containers and cadium-lined piping
and fixtures shall not be used.
c. Surfaces that come into contact with food or
drinks shall be constructed of materials that are impervious,
corrosion-resistant, non-toxic, easily cleanable, durable and resistant
to chipping.
d. Sliding doors on cabinets shall be easily
cleanable and removable. Runners shall be allotted at the ends to
permit removal of dust and debris. The bottom shelves of open-based
fixtures shall be removable to facilitate inspection, cleaning and
maintenance.
Section 24. Washing of Utensils. —
a. They shall be scraped and pre-rinsed to remove
food articles.
b. They shall be thoroughly cleansed in warm water
at 120ºF (49ºC) with soap or detergent.
c. If running water is not used, the wash-water
shall be changed frequently.
Section 25. Bactericidal Treatment. —
Eating and drinking utensils and equipment, after thoroughly cleaned,
shall be subjected to one of the following bactericidal treatments:cralaw:red
a. Immersion for at least half a minute in clean hot
water at a temperature of at least 170ºF (77ºC);chanroblesvirtualawlibrary
b. Immersion for at least one minute in a lukewarm
chlorine solution 50 ppm;chanroblesvirtualawlibrary
c. Exposure in a steam cabinet at a temperature of
at least 170ºF (77ºC) for at least 15 minutes at a
temperature of 200ºF (90ºC) for at least 5 minutes;chanroblesvirtualawlibrary
d. Exposure in an oven or hot-air cabinet at a
temperature of at least 180ºF (82ºC) for at least 20 minutes;
or
e. Any other method approved by the local health
authority.
Section 26. Handling of Washed Utensils. —
a. Washed utensils shall be allowed to drain dry in
wire racks without use of drying cloths, or shall be stored in a
self-draining position to permit readyr-drying.
b. The drying cloth on which to store dishes and
utensils temporarily after bactericidal treatment should be clean and
changed frequently.
Section 27. Storage of Washed Utensils. —
a. They shall be stored in a clean and dry place
adequately protected against vermin and other sources of contamination.
b. Cups, bowls, and glasses, shall be inverted for
storage.
c. When not stored in closed cupboards or lockers,
utensils and containers shall be covered or inverted whenever
practicable. Utensils shall not be stored on the bottom shelves of open
cabinets below the working top level.
d. Racks, trays and shelves shall be made of
materials that are impervious, corrosion-resistant, non-toxic, smooth,
durable and resistant to chipping.
e. Drawers shall be made of the same materials and
kept clean. Felt-line drawers are not acceptable, but the use of clean
and removable towels for lining drawers is acceptable.
Section 28. Dry Storage of Non-Perishable Foods. —
Non-perishable foods shall be stored in the following manner:cralaw:red
a. Designated spaces, lockers, cupboards, racks,
shelves and containers shall be used for storage.
b. All spaces, lockers and cupboard shall be
constructed of materials of the same quality as used for
food-preparation and food-serving operations. Containers shall be made
of metal fitted with tight covers.
c. The recommended temperature range for dry stores
is 50-60ºC (10-15ºC) except where dry foods for immediate use
are stored in the preparation and servicing spaces.
Section 29. Refrigerated Storage of Perishable
Foods. —
Perishable foods shall be stored in the following manner:cralaw:red
a. They shall be kept at or below 45ºF
(7ºC) except during preparation or when held for immediate serving
after preparation.
b. When such foods are to be stored for extended
periods, a temperature of 40ºF (40ºC) is recommended.
c. Fruits and vegetables shall be stored in cool
rooms.
d. Recommended temperatures for perishable food
storage are:cralaw:red
1) Frozen foods; not more than 10ºF (2ºC)
2) Meat and fish: 32-38ºF (0-3ºC)
3) Milk and milk products: 40-45ºF (5-7ºC)
4) Fruits and vegetables: 44-50ºF (7-10ºC)
e. All refrigerating compartments and refrigerators
must be kept clean, in good repair and free from odours. They shall be
provided with thermometers with scale divisions not larger than
2ºF (1ºC). Sufficient shelving shall be provided to prevent
stocking and to permit adequate ventilation and cleaning.
Section 30. Food Servicing Operations. —
These operations should be in accordance with the following
requirements:cralaw:red
a. Hand contacts with food or drink shall be
avoided; fingers shall not be used to serve butter, ice, or similar
items of food. Sugar shall be served in covered dispensers or
containers, or in packages wrapped for single service.
b. The surfaces of containers and utensils,
including glasses and tablewares, which come in contact with food and
drink shall not be handled.
c. Disposable cups, plates, spoons and other
single-service containers and utensils shall be purchased in sanitary
cartons and stored in a clean, dry place until used. These articles
shall be so handled on removal from the carton that the hand does not
touch the surface which will be in contact with food or drink.
d. Clean cloths, napkins, spoons, towels, and other
cloth equipment shall be stored in clean places designated specifically
for them. Soiled linens, including towels, aprons, and coats, shall be
stored in a closed bin or locker, suitably marked.
e. Spoons, spatulas, dippers and scoops used
intermittently for dispensing frozen desserts shall be kept in running
water or in water maintained at 170ºF (77ºC) and frequently
changed, or they may be washed and stored in a dry place after each
use. Constant-temperature bottles and other containers used for potable
water and other beverages shall be kept clean and given effective
bactericidal treatment before and after subsequent use.
Section 31. Evaluation of Food Establishment. — It
shall be the duty of the Provincial, Municipal or City Health Officer
to cause an inspection and evaluation of every food establishment
requiring a permit for its operations, at least every six months and
shall cause as many additional inspections and re-inspections and
evaluation to be made as are necessary for the enforcement of the
provision of this Chapter.
During the inspection or evaluation carried out at least every six
months, the inspector shall record his findings on an inspection form
provided for the purpose and shall furnish the original of such report
to the holder of sanitary permit, the manager or occupier of the
premises. Demerits entered in the appropriate column inspection forms
shall indicate that the item does not, in the opinion of the inspector,
comply with the requirements of this regulation. Within 48 hours of the
inspection or evaluation, the original of the inspection report shall
be furnished the holder of the permit certificate, the manager or
occupier of the food establishment. Whenever an inspection form issued
indicates non-compliance items relating to any particular type of
premises, the inspector shall notify the holder of the sanitary permit,
the manager or occupier of the correction to be made and indicate a
reasonable period for its compliance. If upon re-inspection after the
deadline the inspector finds the correction has not been effected he
shall forthwith report to the Health Officer and the Health Officer
shall revoke the sanitary permit. A copy of the inspection form and any
notices served shall, in all cases, be filed and kept by the local
health authority and be available at all reasonable time for inspection
by an officer of the Department of Health.
a. SERVICE OF NOTICE. — Whenever an inspection or
evaluation report form indicates non-complying items, the Health
Officer of the Province, Municipality or City may cause to be served on
the holder of the permit, the manager or occupier a notice requiring
him, within the time stated in the notice, to take such remedial action
as may be specified therein. In the event within the time stated in the
notice, hereinafter called the first notice, the terms of the first
notice are not complied with, the Health Officer may cause to be served
on the holder of the permit, the manager or occupier a second notice
calling on him to show cause, at a time and place stated in the notice,
why the permit issued in respect of the food establishment should not
be revoked.
b. REVOCATION OF PERMITS. — After prior notice and
hearing as provided above, the Health Officer, if satisfied that the
terms of the two notices have not been complied with or that the
failure to comply therewith is not excusable, shall revoke the said
permit.
c. SUMMARY SUSPENSION OF PERMITS. — Whenever the
Provincial, Municipal or City Health Officer finds unsanitary or
unhealthy conditions in the operation of a food establishment which in
his judgment constitute a substantial hazard to the public health, the
Health Officer may order the immediate suspension of the permit. Any
person to whom such an order is issued written petition shall be
afforded a hearing as soon as possible.
d. APPEALS. — The person or panel conducting the
hearing may confirm, modify or reverse the decision appealed from,
which decision shall be final.
e. PROTECTION OF FOOD. — Notwithstanding the other
provisions of this regulation relating to the issuance of permits,
every person who is engaged in the sale of food or in the manufacture,
preparation, storage, packing or delivery of food for sale protect such
food from contamination.
f. POWER OF ENTRY. — Any Sanitary Inspector or duly
authorized officer of the Department of Health or of the Provincial,
Municipal or City Health Officer, upon presentation of proper
credentials may at all reasonable times enter any premises engaged in
the manufacture, preparation or packing of any article of food for sale
or any premises used for any of the purposes referred to in this Code
for the purpose of inspection or any other action necessary for
administration of this Code.
Section 32. Special Provisions. —
a. Groceries or "Sari-Sari" Stores.
1. No grocery or sari-sari store shall be established
within a distance of 25 meters from any source of contamination.
2. All foods which require no further cooking before
they are eaten shall be protected from contamination while in countries
or showcases.
b. Bakeries.
1. Delivery trucks and carts of bakery products shall
always be kept clean and sanitary.
c. Dairies.
1. No dairy shall keep unhealthy or infected cows,
carabaos or goats for the production of milk, or feed them unwholesome
food which produces impure or unwholesome milk.
2. No animals used for the production of milk shall
be allowed to graze on land which has been contaminated by
radioactivity.
3. No dairy shall sell unwholesome milk that has not
been previously pasteurized or otherwise sterilized.
d. Ice Plants.
1. Only potable water shall be used in the
manufacture of ice.
2. In storing and transporting ice intended for
public consumption, precautionary measures shall be taken to protect
the ice from sources of contamination.
e. Ambulant Food Vendors.
1. These vendors shall sell only bottled food
drinks, biscuits and confectionaries.
2. It is prohibited for food vendors to sell food
that requires the use of utensils.
f. Oyster Beds.
1. Oysters shall be planted and grown only in areas
approved by the Secretary or his duly authorized representatives and in
places duly licensed by the Bureau of Fisheries and Aquatic Resources.
2. Oysters offered for sale, if not originating from
approved areas, shall be confiscated and destroyed by the local health
authority.
g. Fish Marketing Areas.
1. Only fresh and wholesome fish products shall be
sold.
2. Fish caught in radioactive zones as well as in
areas contaminated by toxic substances or high in mercury count as
determined by the health authorities shall be condemned and not be
allowed for public consumption.
3. The selling, distribution and buying of fish
caught through the use of explosives and chemicals are prohibited.
Section 33. Responsibility of the Local Health
Authority. — The local health authority shall:cralaw:red
a. Make periodic inspections to enforce the
maintenance of adequate sanitation in food establishments and their
premises;chanroblesvirtualawlibrary
b. Take samples of food and drink from any
establishments or vendor as often as necessary to determine if there
are unwholesome, adulterated, or contaminated by radioactivity;chanroblesvirtualawlibrary
c. Prevent the sale or condemn and destroy food and
drinks if these are found unfit for human consumption;chanroblesvirtualawlibrary
d. Seal and prohibit the use of devices, utensils,
containers, vehicles, machines, piping and appurtenances if in his
opinion they are unsanitary; and
e. Enforce the provisions of this Chapter and the
rules and regulations promulgated by the Secretary.
CHAPTER IV
MARKETS AND ABATTOIRS
Section 34. Prescribed Standards of Construction. —
The construction of markets and abattoirs shall conform to standards
prescribed by the Department. These standards shall be set along the
following guidelines:cralaw:red
1. Suitability of site insofar as elimination of
nuisance condition and prevention of contamination are concerned;chanroblesvirtualawlibrary
2. Availability of ample water supply for cleaning;chanroblesvirtualawlibrary
3. Accessibility of adequate drainage facilities;chanroblesvirtualawlibrary
4. Durability of construction to protect vendors and
customers from any hazard and exposure to the elements; and
5. Facilities for sanitation maintenance, such as
cleaning and elimination of harborages of vermin.
Section 35. Responsibility of the Local Health
Authority. —chanroblesvirtualawlibrary
a. On Markets
1. Make periodic inspections to ascertain the
maintenance of adequate sanitary conditions of markets and their
premises;chanroblesvirtualawlibrary
2. Supervise and control the proper care and use of
market stalls;chanroblesvirtualawlibrary
3. Prohibit the construction of living quarters
within any market and its premises;chanroblesvirtualawlibrary
4. Enforce the ban on construction of partitions,
sheds or booths within the market area.
b. On Abattoirs —
1. Supervise the maintenance of adequate sanitation
in abattoirs and their premises;chanroblesvirtualawlibrary
2. Enforce the requirements on the examination of
meat as provided in existing laws;chanroblesvirtualawlibrary
3. Permit the slaughter of animals for public
consumption in other designated areas in certain exigencies, provided
public health is adequately protected;chanroblesvirtualawlibrary
4. Supervise the sanitary disposal of all abattoir
wastes; and
5. Ensure that only healthy animals shall be
slaughtered, and that the method of slaughtering, the techniques of
dressing and the storing, handling and transporting procedures are in
accordance with prescribed standards.
Section 36. Responsibility of Local Governments and
Private Operators. — Local governments and private operators in charge
of public or private markets and abattoirs shall employ an adequate
number of personnel to ensure their efficient operation and hygienic
maintenance. These employees shall be under the direct supervision of
the local health authority.
CHAPTER V
PUBLIC LAUNDRY
Section 37. Sanitary Permit. — No public laundry
shall operate without a sanitary permit from the Secretary or his duly
authorized representative. As used in this Chapter, a public laundry is
a laundry established and operated for commercial purposes, open to the
public, and not to an exclusive clientele.
Section 38. General Requirements. — The construction
and operation of a public laundry shall be governed by the following
requirements:cralaw:red
a. Structural Requirements —
1. The site should be distant from sources of
nuisance.
2. Only durable construction materials shall be used.
3. Smooth and water-tight materials shall be used
for flooring.
4. All work rooms shall be properly ventilated and
provided with 10 foot-candles of lighting.
5. Adequate drying facilities shall be provided and
articles for drying protected from sources of contamination.
b. Sanitary Requirements —
1. Laundry supplies in both liquid and solid state
shall be properly stored, prepared and handled. Containers of chemical
shall be properly labeled.
2. Employees shall be provided with potable drinking
water, toilets, bathing and washing facilities.
3. Employees shall be provided with lockers for
their working garments and street cloths.
4. The plant and its premises and equipment shall be
maintained clean and sanitary at all times.
Section 39. Special Requirements. — The following
requirements shall be enforced:cralaw:red
a. All articles to be laundered coming from
hospitals and infected sources shall be treated by exposure to a
sufficient quantity of hot water detergents or by other effective means
of disinfection.
b. All linen, bed clothes, pajamas, towels,
bedsheets, pillow cases, etc. that have come in contact with any form
of radioactivity should be isolated in a certain area and monitored by
Radiation Safety personnel before sending these articles for laundry.
If any amount of radioactive contamination is found, the affected
article should be set aside and the radioactivity allowed to completely
decay before said article is sent for laundry.
c. All articles for delivery to the laundry shall be
kept in containers which shall be kept closed until the articles are
removed at the laundry.
d. Laundry vehicles shall be kept clean and sanitary
at all times.
e. A separate room shall be used solely for
receiving, sorting, marking or handling unwashed articles.
f. Diapers must be protected from pathogenic
organisms and from chemical substances which are irritating to the skin
of the infant. Laundered diapers for delivery shall be packed in sealed
sanitary containers.
CHAPTER VI
SCHOOL SANITATION AND HEALTH SERVICES
Section 40. Definition of Terms. — As used in this
Chapter, the following terms shall mean:cralaw:red
a. School — An institution of learning which may be
public, private or parochial.
b. Special School — A school which utilizes
cadavers, plants, animals, bacterial and viral cultures for studies and
research.
c. Physical Environments — The school plant, grounds
and facilities.
d. Emotional Environment — Factors which affect the
emotional health of students and members of the faculty.
Section 41. The Physical Environment — In the design
and construction of the school plant, the following factors shall be
considered:cralaw:red
a. Site — Traffic hazards are to be avoided but not
to the point of sacrificing accessibility to public transportation. It
shall be distant from sources of nuisances.
b. Grounds — The acreage shall be large enough to
permit playgrounds, athletic fields and school gardens.
c. Building — Preferably it shall be constructed of
strong and durable materials and designed along functional lines. For
the prevention of fire hazards, the requirements of the local fire
department shall be observed. Sufficient ventilation shall be provided.
Wall and ceiling finishes should be chosen so as to give optimum
lighting with minimum glare. Artificial lighting with louvered
fluorescent or incandescent fixture shall be used to supply a minimum
lighting of 25 foot-candles in the darkest corner. For flooring,
suitable materials shall be used which will give maximum durability
without creating a slippery surface.
d. Sanitary Facilities — The school population shall
be provided with potable water, sewage and waste disposal systems shall
likewise conform to the requirements prescribed in this Code.
Section 42. The Emotional Environment. — For the
promotion of emotional health of the school population the following
requirements shall be observed:cralaw:red
a. Suitable Location — The school site shall be
located away from disturbances and places which give undesirable
influence.
b. Recreational Facilities — The school must have
safe and attractive playgrounds and adequate facilities for suitable
sports and games.
c. Rest Rooms — Facilities shall be provided where
faculty members can rest and get short respite from teaching chores.
Section 43. Health Services. — Trained personnel and
adequate facilities should be available so that students may be
afforded the following health services:cralaw:red
a. Periodic physical and medical examination;chanroblesvirtualawlibrary
b. Periodic immunization;chanroblesvirtualawlibrary
c. Medical and dental treatment;chanroblesvirtualawlibrary
d. Treatment for common emergencies; and
e. Counselling and guidance.
Section 44. Requirements for Special Schools. —
a. Cadavers shall be stored in morgues and dissected
in dissecting rooms, all of which shall be constructed and maintained
in accordance with standards prescribed by the Department.
b. Poisonous or harmful plants and animals shall be
kept in adequate and a secured areas.
c. Viral and bacterial cultures shall be kept in
laboratories under standard security laboratory measures.
d. Schools utilizing radioactive materials or
sources for study or research should closely conform to the
requirements and guidelines given by the Radiation Health Office and
the Philippine Atomic Energy Commission concerning radiation protection.
CHAPTER VII
INDUSTRIAL HYGIENE
Section 45. Sanitary Requirements for Operating an
Industrial Establishment. — The following sanitary requirements shall
be applicable to industrial establishments:cralaw:red
a. No person, firm, corporation, or entity shall
operate any industrial establishment without first obtaining a sanitary
permit from the Secretary or his duly authorized representatives.
b. Industrial establishments shall be allowed to
operate only in places or zones assigned for the kind of industry by
existing zoning laws, ordinances, or policies. The local health
authority shall determine the suitability of location where no zoning
law, ordinance or policy exists.
c. Adequate potable water supply shall be provided
to employees.
d. Sewage disposal shall be by means of a municipal
or city sewerage system whenever possible. If no municipal or city
sewerage system exists it shall be done in accordance with the
provisions of this Code. Adequate and conveniently located toilet and
bath facilities shall be provided for each sex.
e. All wastes incident to the operation of the
industrial plant shall be collected, stored, or disposed of in a manner
to prevent health hazards, nuisances, and pollution. Where a city or
municipal collection and disposal system exists, it should be utilized.
f. An abatement program for the control of vermin
shall be maintained.
g. Adequate restrooms and mass halls shall be
provided for employees.
h. All places of employment and all workrooms,
including machinery and equipment, shall be kept clean and sanitary.
Section 46. Responsibility of the Secretary. — The
Secretary shall:
a. Issue a list of maximum concentration of
atmospheric contaminants as a guide in appraising health hazards and in
evaluating control measures. The term maximum concentration as used in
this Chapter means the amount of atmospheric contaminant which can be
tolerated by man for continuous daily exposure with no impairment of
health or well-being either immediate or after a long period of
exposure.
b. Review the concentration values at regular
intervals to amend or alter the list where indicated.
c. Specify other concentrations of short
intermittent duration capable of causing acute impairment of health.
d. Require control of other contaminants known or
believed to be capable of causing impairment of health but not included
in the list already issued by the Department.
e. Prescribe control measures to eliminate
transmission of infection disease through processing or handling of
industrial products or wastes.
f. Prescribe illumination standard values and order
their review at regular intervals to alter or amend values when
indicated.
g. Promulgate measures to effectively and adequately
control any possible radioactivity to which workers may be exposed
while on their job.
h. Promulgate control measures to reduce noise and
pollution.
Section 47. Responsibilities of the Employer and
Employees. — The following are the responsibilities of the employer and
employees in industrial establishments:cralaw:red
a. Employer responsibility. —chanroblesvirtualawlibrary
1. Provide, install and maintain in good repair all
control measures and protective equipment;chanroblesvirtualawlibrary
2. Inform affected employees regarding the nature of
the hazards and the reasons for, and methods of control measures and
protective equipment;chanroblesvirtualawlibrary
3. Make periodical testing of the hearing of all
employees in noisy areas of operation;chanroblesvirtualawlibrary
4. Adopt measures so that the noise produced is
within allowable limits so as not to affect neighboring offices,
buildings or establishments;chanroblesvirtualawlibrary
5. Request the Department a permit for variation
from the requirements when other means of equivalent protection are
provided; and
6. Provide personal protective equipment and/or
protective barriers when they are necessary.
b. Employee responsibility. —
1. Observe strictly protective control measures
which are prescribed; and
2. Use equipment provided them properly.
Section 48. Environmental Provisions. — The
environmental provisions enumerated hereunder for the protection of the
health of workers are applicable to all industrial establishments:cralaw:red
a. Control of atmospheric contaminants. —
1. Workers shall not be exposed to atmospheric
contaminants hazardous to health.
2. Control of atmospheric contaminants shall be
accomplished by methods approved by the Secretary or his duly
authorized representatives or other government authority.
b. Control of infectious agents. —
1. Control measures shall be provided to eliminate
or control the transmission of infectious diseases through processing
or handling of industrial products or wastes.
c. Control of possible sources of radiation hazards
should be carried out under the supervision of the Radiation Health
Officer or his authorized representative.
d. Noise. —
Control measures shall be provided to reduce intensity of noise
sufficiently to render it harmless to workers and to eliminate it at
its source as a nuisance by following the recommendations of the local
health or other government authority.
e. Illumination. —
1. Adequate lighting shall be provided and
distributed in all work areas in amount required for the type of work
or seeing tasks measured by a light-meter with a minimum of glare and
contrasting intensities between work and workroom.
2. Where the specific task requires more light than
provided by general illumination, supplementary lighting shall be
supplied.
f. Ventilation. —
1. Natural or artificial ventilation shall be
provided in all work areas at a rate to insure a safe and healthful
working atmosphere, free from injurious amounts of toxic materials and
reasonably free from offensive odours and dust throughout the
establishment.
2. Proper control measures shall be used to reduce
concentration of toxic contaminants to allowable limits.
3. Air inlets shall be arranged, located and
equipped to insure sufficientr velocity and an exhaust system which
shall be located so that discharged materials shall not re-enter places
of employment or habitations nor create any hazard of nuisance.
Section 49. Personal Protective Equipment. — The
following requirements shall be applicable for personal protective
equipment.
a. Personal protective equipment and/or protective
barriers shall be provided whenever substances, radiations or
mechanical irritants are encountered in a manner capable of causing any
pathological change or injury or impairment in functions of any part of
the body through skin and/or mucous membrane absorption.
b. Personal protection equipment which shall include
respiratory protectors and other accessories shall be fitted to each
exposed worker when necessary.
c. X-ray film badges or pocket decimeters should be
worn by workers who, during their course of work are unavoidably
exposed to even a small amount of radiation.
d. Supervisors and employees shall familiarize
themselves with the use, proper sanitary care and storage of this
equipment.
Section 50. Health Services. — Medical services
shall be provided to all employees in accordance with existing laws and
the rules and regulations prescribed by the Department.
CHAPTER VIII
PUBLIC SWIMMING OR BATHING PLACES
Section 51. Sanitary Permit. — No public swimming
and bathing places shall be operated for public use without a sanitary
permit issued by the Secretary or his duly authorized representative.
Section 52. Protection of Customers. — To protect the
health and safety of persons who use them, the Department shall
promulgate:cralaw:red
a. Rules and regulations concerning:
1. Correct sanitary practices for persons swimming
or bathing to prevent the transmission of communicable diseases;chanroblesvirtualawlibrary
2. Correct sanitary procedures for personnel working
in those places to maintain their adequate sanitation and cleanliness
of accessories used by customers;chanroblesvirtualawlibrary
3. Adequate number of trained personnel and
necessary equipment needed for life-saving and rescue work;chanroblesvirtualawlibrary
4. Post conspicuous signs to warn the public of the
presence of artificial or natural hazards; and
b. Standards and criteria concerning:
1. Sanitary structural requisites for swimming pools
and bath houses to prevent pollution of their waters and to facilitate
sanitation maintenance;chanroblesvirtualawlibrary
2. Sanitary structural standards for appurtenances,
such as toilets, shower baths and dressing rooms to eliminate the risk
of infection;chanroblesvirtualawlibrary
3. Methods of determining the sanitary quality of
water, particularly that which is used in swimming pools; and
4. Criteria to be used in the limitation of swimming
or bathing loads of swimming pools in accordance with the type of water
treatment applied.
Section 53. Responsibility of the Local Health
Authority. — The local health authority concerned shall:cralaw:red
a. Inspect the state of sanitation of public
swimming or bathing places;chanroblesvirtualawlibrary
b. Ascertain if their personnel are examined
regularly for the presence of any infections or contagious disease;chanroblesvirtualawlibrary
c. Enforce rules and regulations of the Department
under this Chapter; and
d. Recommend to the Department the revocation of
their permits when it is deemed necessary for the protection of public
health.
CHAPTER IX
REST AREAS, BUS TERMINALS, BUS STOPS, AND SERVICE STATIONS
Section 54. Rest areas, bus terminals, bus stops and
service station areas with one or more permanent sheds, buildings and
service facilities for motor vehicles shall be provided with sanitary
facilities for the convenience and personal necessities of the
travelling public.
a. Rest areas, bus terminals, bus stops and service
stations shall be established with ample area to prevent overcrowding
of motor vehicles and travellers.
b. They shall be provided with adequate ventilation
and lighting and away from sources of nuisance.
c. Safe and adequate water supply shall be provided
in accordance with the provisions of Chapter II of this Code.
d. Excreta and sewage collection and disposal shall
be provided in accordance with the provisions of Chapter XVII of this
Code.
e. Refuse collection and disposal shall be in
accordance with the provisions of Chapter XVIII of this Code.
f. Comfort rooms — Adequate number of comfort rooms
shall be provided as well as auxiliary facilities therein in accordance
with the provisions on Chapter XVII of this Code.
g. Waiting sheds for commuters shall be of adequate
size to comfortably accommodate a minimum of thirty (30) persons.
Floors shall be of smooth concrete finish and adequate sitting
facilities provided for.
h. Sale of foodstuffs in those establishments shall
be done in conformity with the provisions of Chapter III of this Code.
CHAPTER X
CAMPS AND PICNIC GROUNDS
Section 55. No camps and picnic grounds shall be
open for public patronage without a sanitary permit issued by Secretary
or his duly authorized representative.
a. Camps and picnic ground sites shall not be
subject to flooding, must be well drained, distant from any source of
nuisance and will not endanger sources of any public water supply.
b. Camp and picnic houses shall be provided with
adequate lighting and ventilation. Where tents are used flooring shall
be at least 4 inches above the ground.
c. Adequate and safe drinking water shall be
available at all times in accordance with the provisions of Chapter II
of this Code.
d. Adequate number of sanitary facilities shall be
provided.
e. Sewage disposal shall be in accordance with the
provisions on Chapter XVII of this Code.
f. The storage, preparation and serving of food
shall be in accordance with Chapter III of this Code.
g. Refuse cans shall be provided at strategic points
in the ground area provided with tight fitting cover. A regular
collection service shall be maintained. Refuse disposal shall be in
accordance with the provisions of Chapter XVIII of this Code.
h. Camps and picnic grounds shall at all times be
maintained clean, free from litter and accumulated rubbish.
i. A program on Vermin Control shall be made in
accordance with Chapter XVI of this Code.
CHAPTER XI
DANCING SCHOOLS, DANCE HALLS AND NIGHT CLUBS
Section 56. General Provisions. — The following
provisions are applicable to dancing schools, dance halls and night
clubs:cralaw:red
a. These establishments shall be operated and opened
for public patronage only when a sanitary permit is issued by the local
health authority.
b. These establishments and their premises shall be
kept clean and sanitary at all times.
c. Patrons shall be provided with adequate potable
water and toilet facilities in accordance with standards prescribed by
this Code.
d. There shall be no private rooms or separate
compartments for public use except those used for lavatories, dressing
rooms, bars and kitchens.
Section 57. Special Provisions. — The following
provisions are applicable in cases herein specified:cralaw:red
a. For dancing schools. —
No person shall be employed as a dancing instructor or instructress
without first securing
a health certificate from the local authority.
b. For dance halls and night clubs —
1. No person shall employed as hostess or cook or
bartender or waiter without first securing a health certificate from
the local health authority.
2. The storage, preparation and serving of food and
drinks shall be in accordance with the provisions prescribed in Chapter
III of this Code.
CHAPTER XII
TONSORIAL AND BEAUTY ESTABLISHMENTS
Section 58. Definition of Terms. — As used in this
Chapter, the term "Tonsorial and Beauty Establishments" include barber
shops, beauty parlors, hairdressing and manicuring establishments and
figure slendering salons.
a. Requirements. — These establishments are subject
to the following requirements:
1. A sanitary permit shall be procured from the
local health authority before their operation.
2. They shall be maintained clean and sanitary at
all times.
3. No person shall be employed to service customers
without a health certificate issued by the local health authority.
b. Correct Sanitary Practices. — The following
sanitary practices shall be observed.
1. Working personnel shall wash their hands with
soap and water before servicing customers.
2. They shall wear clean working garments.
3. They shall not smoke nor eat while working.
4. Implements of their trade shall be cleaned and
disinfected before and after their use.
5. Customers shall be supplied with clean and fresh
towels, drapes and other linen necessary.
6. Precautionary measures to prevent disease
transmission shall be observed when serving customers showing any form
of dermatoses.
CHAPTER XIII
MASSAGE CLINICS AND SAUNA BATH ESTABLISHMENTS
Section 59. Definition of Terms. — As used in this
Chapter the following shall mean:cralaw:red
a. Massage. — A method wherein the superficial soft
parts of the body are rubbed or stroked or kneaded for remedial or
aesthetic or hygienic purposes.
b. Massage Clinic. — An establishment where massage
is administered to customers.
c. Masseur. — A trained person duly licensed by the
Secretary or his authorized representative to perform massage and to
supervise massage clinic attendants.
d. Massage Clinic Attendant. — A trained person duly
permitted by the Secretary or his authorized representative to massage
customers under the guidance and supervision of a masseur.
e. Sauna Bath Establishment. — An establishment
where customers are exposed to steam which is generated by sprinkling
water on hot stones or by some other means.
f. Sauna Bath Attendant. — A person who applies the
proper technique of giving steam bath to customers.
Section 60. Sanitary Permit. — No person or entity
shall operate a massage clinic and/or a sauna bath establishment
without first securing a sanitary permit from the local health
authority.
Section 61. Sanitary Requirements. — The following
requirements shall be enforced:cralaw:red
a. Massage Clinic. —
1. The reception and office rooms shall be properly
lighted and ventilated.
2. Every massage room shall be adequately
ventilated, provided with a sliding curtain at the entrance and
equipped with a suitable and clean massage table.
3. Sanitary and adequate handwashing, bath and
toilet facilities shall be available.
4. Customers shall be provided with soap, clean
towels, sanitized rubber or plastic slippers. They shall be required to
take a thorough bath before massage.
5. Masseur and masseur attendant shall wash their
hands with soap and water before and after massaging a customer.
6. The establishment and its premises shall be
maintained clean and sanitary at all times.
b. Sauna Bath Establishment. —
1. The reception and office rooms shall be properly
lighted and adequately ventilated.
2. The sauna bath room shall be properly lighted,
provided with thermometers, and maintained clean and sanitary at all
times.
3. Sanitary and adequate handwashing, bath and
toilet facilities shall be available.
4. Customers shall be provided with soap, clean
towels and sanitized rubber or plastic slippers.
Section 62. Personnel. — The following requirements
shall be enforced:cralaw:red
a. Masseur. —
1. The person must have a certificate as a
registered masseur, issued by the Committee on Examiners for Masseur of
the Department.
2. He must possess an up-to-date health certificate
issued by the local health authority.
3. The person shall wear a clean working garment
when attending to customers or when supervising massage clinic
attendants.
b. Massage Clinic Attendant. —
1. The person shall be properly registered and
authorized by the local health authority to work as massage clinic
attendant after compliance with the following requirements:cralaw:red
a. Satisfactory completion of a training course or
study given by a government office, school or hospital, which is duly
authorized and recognized by the Department; and
b. Up-to-date health certificate issued by the local
health authority to include VD clearance secured from any government
clinic or hospital.
2. The person must clean working garments when
attending to customers.
c. Sauna Bath Attendant. —
1. Attendant must possess an up-to-date health
certificate issued by the local health authority.
2. The person must wear clean working garments when
attending to customers.
CHAPTER XIV
HOTELS, MOTELS AND APARTMENTS, LODGING, BOARDING, OR TENEMENT HOUSES,
AND CONDOMINIUMS
Section 63. Definition of Terms. — As used in this
Chapter, the following terms shall mean:cralaw:red
a. Hotel. — A building where transient guests are
received and are supplied with and charged for meals, lodging and other
services.
b. Motel. — A roadside hotel for motorists, usually
consisting of private cabins.
c. Boarding House. — A building where selected
persons for fixed periods of time are supplied with, and charged for
sleeping accommodations and meals.
d. Lodging House. — A building where persons are
supplied with and charged for sleeping accommodations only.
e. Tenement House. — A building or portion thereof
which is leased or sold to an occupied as residence by four or more
families doing their cooking within the premises but living
independently of one another although having a common right in the use
of halls, stairways, terraces, verandas, toilets, and baths.
f. Apartment House. — A building containing a number
of separate residential suites.
g. Condominium. — A building with one or more
storeys composed of multi-unit residential suites under joint ownership
of occupants, each unit provided with complete sanitary facilities,
utilities and other amenities.
h. Establishments. — A collective term construed to
include items (a) to (g).
Section 64. General Provisions — The following are
required for the establishments defined in the preceding Section:cralaw:red
a. No establishment shall be operated and opened for
public patronage without a sanitary permit issued by the Secretary or
his duly authorized representative.
b. Any extension or additional construction in an
establishment shall require a sanitary permit before it could be
operated.
c. All establishments shall provide their patrons
with adequate water supply, toilet and bath facilities in accordance
with standards prescribed in this Code.
d. Establishments and their premises shall be kept
clean and sanitary at all times.
e. Periodic insect and vermin control measures shall
be undertaken to eradicate vectors of diseases.
f. Animals, fowls and pets shall be housed in
appropriate kennels or cages separate from living quarters.
g. No person shall be employed in establishments
without first procuring a health certificate from the local health
authority.
Section 65. Special Provisions. — The following
provisions are applicable.
a. Hotels and Motels. —
1. The storage, preparation and serving of food to
customers shall be in accordance with the standards prescribed in
Chapter III of this Code. chanroblesvirtualawlibrary
2. Customers shall be provided with clean linen such
as bedsheets, pillow cases, towels and napkins.
3. When rooms or cabins are vacated, their toilets
or baths shall be sanitized and clean and fresh linen shall be provided
before the room or cabin is rented for occupancy.
b. Condominium. — The following conditions are
applicable:cralaw:red
1. The choice for sites should consider availability
of bus and taxi transportation services.
2. Nearness to place of work, schools, police
stations and clinics.
3. Availability of low-cost goods.
4. Parking facilities and playgrounds for children.
5. Facilities for refuse disposal and cleanliness of
buildings, and
6. Efficiency of lifts.
CHAPTER XV
PORT,RPORT, VESSEL ANDRCRAFT SANITATION
Section 66. Port andrport Sanitation. — In ports
andrports, the following sanitary requirements shall be applied:cralaw:red
a. Every port andrport shall be provided with
potable drinking water and wholesome food supplied from sources
approved by the Secretary or his duly authorized representative.
b. The drinking water and food shall be stored and
handled in a manner to ensure their protection against contamination.
The local health authority shall conduct periodic inspections of
equipment, installations and premises, and collect regularly samples of
water and food for laboratory examination to determine if they are fit
for human consumption.
c. There shall be available to as many ports
andrports as practicable organized medical and health services with
adequate staff, equipment and facilities for the prompt isolation and
care of infected persons, disinfection, disinsecting, deratting,
laboratory examination, collection and examination of rodents for
plague infection, collection of water and food samples for examination.
d. The local health authority for each port andrport
shall take all practicable measures to keep port andrport installation
free of rodents.
e. In ports andrports of entry, facilities shall be
provided for immunizations required in international travel.
f. Every port of entry and the area within the
perimeter of anrport of entry shall be kept free from mosquito vectors
of yellow fever, malaria and other diseases of epidemiological
significance.
Section 67. Vessel Sanitation. — For the purpose of
this Section, the provisions of Art. II of the Quarantine Regulations
promulgated under Section 5 of Republic Act No. 123 shall be applied
and enforced.
Section 68. Aircraft Sanitation. — For the purpose
of this Section, the requirements in the Guide to Hygiene and
Sanitation in Aviation of the World Health Organization are adopted as
part of this Code.
CHAPTER XVI
VERMIN CONTROL
Section 69. Definition of Terms. — As used in this
Chapter, the following terms shall mean:cralaw:red
a. Place — Land, building, residence, pier,
watercraft,rcraft or any means of conveyance.
b. Vermin — A group of insects or small animals such
as flies, mosquitoes, cockroaches, fleas, lice, budbugs, mice and rats
which are vectors of diseases.
Section 70. General Requirements. —
a. A vermin abatement program shall be maintained in
places by their owners, operators or administrators. If they fail,
neglect or refuse to maintain a vermin abatement program, the local
health agency will undertake the work at their expense.
b. Vermin control in public places shall be the
responsibility of the provincial, city or municipal governments which
have jurisdiction over them.
c. The procedure and frequency of vermin abatement
program shall be determined and approved by the local health authority.
CHAPTER XVII
SEWAGE COLLECTION AND DISPOSAL, EXCRETA DISPOSAL AND DRAINAGE
Section 71. Definition of Terms. — As used in this
Chapter, the following terms shall mean:cralaw:red
a. Public sewerage system — A system serving
twenty-five persons or more.
b. Septic tank — A water tight receptacle which
receives the discharge of a plumbing system or part thereof, and is
designed to accomplish the partial removal and digestion of the
suspended solid matter in the sewage through a period of detention. Its
construction shall be in accordance with specifications prescribed in
this Chapter.
c. House sewer — The pipe line conveying sewage from
the house or building to the septic tank or to any point of discharge.
d. Septic tank absorption bed or drain field — An
underground system of pipes leading from the outlet of the septic tank,
consisting of open-jointed or perforated pipes so distributed that the
effluent from a septic tank is oxidized and absorbed by the soil.
e. Effective capacity of a septic tank — The actual
liquid capacity of a septic tank as contained below the liquid level
line of the tank.
f. Effective depth of a septic tank — The actual
liquid depth of a septic tank as measured from the inside bottom of the
septic tank to the liquid level line.
g. Freeboard orr space of a septic tank — The
distance as measured from the liquid level line to the inside top of
the septic tank.
h. Distribution box — A small concrete receptacle
between the septic tank and the drain field from which lines of drain
tile extends and which acts as surge tank to distribute the flow of
sewage equally to each line of drain tile.
i. Approved excreta disposal facilities shall mean
any of the following:cralaw:red
1. Flush toilets properly connected to a community
sewer;chanroblesvirtualawlibrary
2. Flush toilets connected to a septic tank
constructed in accordance with this Chapter;chanroblesvirtualawlibrary
3. Any approved type pit privy built in accordance
with this Chapter; and
4. Any disposal device approved by the Secretary or
his duly authorized representative.
j. Privy — A structure which is not connected to a
sewerage system and is used for the reception, disposition and storage
of feces or other excreta from the human body.
k. Septic privy where the fecal matter is placed in
a septic tank containing water and connected to a drain field but which
is not served by a water supply under pressure.
l. Box and can privy — A privy where fecal matter is
deposited in a can bucket which is removed for emptying and cleaning.
m. Concrete vault privy — A pity privy with the pit
line with concrete in such manner as to make it water tight.
n. Chemical privy — A privy where fecal matter is
deposited into a tank containing a caustic chemical solution to prevent
septic action while the organic matter is decomposed.
Section 72. Scope of Supervision of the Department.
— The approval of the Secretary or his duly authorized representative
is required in the following matters:cralaw:red
a. Construction of any approved type of toilet for
every house including community toilet which may be allowed for a group
of small houses of light materials or temporary in nature;chanroblesvirtualawlibrary
b. Plans of individual sewage disposal system and
the sub-surface absorption system, or other treatment device;chanroblesvirtualawlibrary
c. Location of any toilet or sewage disposal system
in relation to a source of water supply;chanroblesvirtualawlibrary
d. Plans, design data and specifications of a new or
existing sewerage system or sewage treatment plant;chanroblesvirtualawlibrary
e. The discharge of untreated effluent of septic
tanks and/or sewage treatment plants to bodies of water;chanroblesvirtualawlibrary
f. Manufacture of septic tanks; and
g. Method of disposal of sludge from septic tanks or
other treatment plants.
Section 73. Operation of Sewage Treatment Works. —
Private or public sewerage systems shall:cralaw:red
a. Provide laboratory facilities for control tests'
and other examinations needed;chanroblesvirtualawlibrary
b. Forward to the local health authority operating
data, control tests and such other records and information as may be
required;chanroblesvirtualawlibrary
c. Inform the local health authority in case of
break-down or improper functioning of the sewage treatment works; and
d. Provide for the treatment of all sewage entering
the treatment plant.
Section 74. Requirements in the Operation of
Sewerage Works and Sewage Treatment Plants. — The following are
required for sewerage works and sewage treatment plants.
a. All houses covered by the system shall be
connected to the sewer in areas where a sewerage system is available.
b. Outfalls discharging effluent from a treatment
plant shall be carried to the channel of the stream or to deep water
where the outlet is discharged.
c. Storm water shall be discharged to a storm sewer,
sanitary sewage shall be discharged to a sewerage system carrying
sanitary sewage only; but this should not prevent the installation of a
combined system.
d. Properly designed grease traps shall be provided
for sewers from restaurants or other establishments where the sewage
carries a large amount of grease.
Section 75. Septic tanks. — Where a public sewerage
system is not available, sewer outfalls from residences, schools, and
other buildings shall be discharged into a septic tank to be
constructed in accordance with the following minimum requirements:cralaw:red
a. It shall be generally rectangular in shape. When
a number of compartments are used, the first compartment shall have the
capacity from one-half to two-thirds of the total volume of the tank.
b. It shall be built of concrete, whether pre-cast
or poured in place. Brick, concrete blocks or adobe may be used.
c. It shall not be constructed under any building
and within 25 meters from any source of water supply.
Section 76. Disposal of Septic Tank Effluent. — The
effluent from septic tanks shall be discharged into a sub-surface soil,
absorption field where applicable or shall be treated with some type of
a purification device. The treated effluent may be discharged into a
stream or body of water if it conforms to the quality standards
prescribe by the National Water andr Pollution Control Commission.
Section 77. Determination of Septic Tank Capacity. —
The septic tank capacity may be determined from the estimated unit flow
contained in Table I "Quantities of Sewage Flow," based on adequate
detention time interval resulting in efficient sedimentation. Daily
flow from mattered results, may be used as estimated flow when
available. For edifices with occupants, the number of persons to be
served shall be computed on the number of rooms with each room
considered as occupied by two persons or on the basis of the actual
number of persons served by the tank, whichever is greater.
Section 78. Sanitary Privies. — The privy
recommended for use is the sanitary privy. It shall conform with the
following minimum requirements:cralaw:red
a. It shall consist of an earthen pit, a floor
covering the pit, and a water-sealed bowl. It shall be so constructed
in order that fecal matter and urine will be deposited into the earthen
pit which shall be completely fly-proof.
b. The pit shall be at least one meter square.
c. The floor should cover the pit tightly to prevent
the entrance of flies. It shall be constructed of concrete or other
impervious material.
d. The water-sealed bowl shall be joined to the
floor so as to form a water-tight and insect proof joint.
e. A suitable building, shall be constructed to
provide comfort and privacy for the users of the privy.
f. Wooden floors and seat risers shall not be used.
Section 79. Drainage. —
a. Responsibility of cities and municipalities — It
shall be the responsibility of all cities and municipalities to provide
and maintain in a sanitary state and in good repair a satisfactory
system of drainage in all inhabited areas where waste water from
buildings and premises could empty without causing nuisance to the
community and danger to public health.
b. Connection to the municipal drainage system —
Buildings or premises producing waste water shall be connected to the
municipal drainage system in all areas where it exists.
Section 80. Special Precaution for Radioactive
Excreta and Urine of Hospitalized Patient. —chanroblesvirtualawlibrary
a. Patients given high doses of radioactive isotope
for therapy should be given toilet facilities separate from those used
by "non-radioactive" patients.
b. Radioactive patients should be instructed to use
the same toilet bowl at all times and to flush it at least 3 times
after its use.
CHAPTER XVIII
REFUSE DISPOSAL
Section 81. Definition of Terms. — As used in this
Chapter, refuse is an inclusive term for all solid waste products
consisting of garbage, rubbish, ashes, night soil, manure, dead
animals, street sweepings and industrial wastes.
Section 82. Responsibility of Cities and
Municipalities. — Cities and municipalities shall provide an adequate
and efficient system of collecting, transporting and disposing refuse
in their areas of jurisdiction in a manner approved by the local health
authority.
Section 83. Additional Requirements. —
a. Occupants of buildings and residences shall;
provide a sufficient number of receptacles for refuse. Refuse in
receptacles shall be protected against vermin and other animals.
b. Refuse shall be disposed through a municipal
collection service. If this service is not available, disposal shall be
by incineration, burying, sanitary landfill or any method approved by
the local health authority.
c. Refuse shall not be thrown in any street,
sidewalk, yard, park or any body of water. It shall be stored in a
suitable container while awaiting its final disposal.
d. Streets shall be kept clean by occupants or
owners of properties lining the street from the line of the property to
the middle of the street and from one property to the other.
e. Parks, plazas and streets adjacent to public
buildings shall be kept clean by the local government concerned.
CHAPTER XIX
NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS
Section 84. Definition of Terms — As used in this
Chapter, the following terms shall mean and include:cralaw:red
a. Nuisance — Anything that injures health,
endangers life, offends the senses or produces discomfort to the
community.
b. Offensive trades or occupations — These are the
following:
1. Soap boiling;chanroblesvirtualawlibrary
2. Guts cleaning;chanroblesvirtualawlibrary
3. Boiling of offal, bones, fat or lard;
(Permissible if process is performed in a public slaughterhouse under
prescribed regulations.)
4. Manufacturing of glue or fertilizer;chanroblesvirtualawlibrary
5. Skin curing;chanroblesvirtualawlibrary
6. Scrap processing;chanroblesvirtualawlibrary
7. Manure storing;chanroblesvirtualawlibrary
8. Lime burning;chanroblesvirtualawlibrary
9. Lye making; and
10. Any manufacturing process in which lead,
arsenic, mercury, phosphorous, or other poisonous substance is used.
Section 85. Types of Nuisances — For the purpose of
this Chapter, the following shall be considered nuisances:cralaw:red
a. Public or private premises maintained and used in
a manner injurious to health;chanroblesvirtualawlibrary
b. Breeding places and harborages of vermin;chanroblesvirtualawlibrary
c. Animals and their carcasses which are injurious
to health;chanroblesvirtualawlibrary
d. Accumulation of refuse;chanroblesvirtualawlibrary
e. Noxious matter or waste water discharged
improperly in streets;chanroblesvirtualawlibrary
f. Animals stockage maintained in a manner injurious
to health;chanroblesvirtualawlibrary
g. Excessive noise; and
h. Illegal shanties in public or private properties.
Section 86. Responsibilities of Owners, Managers or
Operators. — The Owners, managers or operators of establishments shall:cralaw:red
a. Secure a sanitary permit from the local health
authority before establishing and operating their business or trade;chanroblesvirtualawlibrary
b. Remove daily all injurious by-products and wastes;chanroblesvirtualawlibrary
c. Prevent the escape of industrial impurities and
adopt methods to render them innocuous;chanroblesvirtualawlibrary
d. Maintain working establishments and their
premises clean and sanitary at all times;chanroblesvirtualawlibrary
e. Store all materials properly to prevent emission
of noxious or injurious effluvia.
CHAPTER XX
POLLUTION OF THE ENVIRONMENT
Section 87. General Provisions. — For the purpose of
this Chapter, the provisions of Republic Act No. 3931, the rules and
regulations of the National Water andr Pollution Control Commission
promulgated in accordance with the provisions of Section 6(a) 2 of the
said Act, the provisions of Presidential Decree No. 480, and the rules
and regulations of the Radiation Health Office of the Department of
Health shall be applied and enforced.
Section 88. Authority of the Secretary. — The
Secretary is authorized to promulgate rules and regulations for the
control and prevention of the following types of pollution:cralaw:red
a. Pollution of pesticides and heavy metals;chanroblesvirtualawlibrary
b. Pollution of food caused by chemicals, biological
agents, radioactive materials, and excessive or improper use of food
additives;chanroblesvirtualawlibrary
c. Non-ionizing radiation caused by electronic
products such as laser beams or microwaves;chanroblesvirtualawlibrary
d. Noise pollution caused by industry, land andr
transport and building construction;chanroblesvirtualawlibrary
e. Biological pollutants including the causative
agents of intestinal infections;chanroblesvirtualawlibrary
f. Pollution of agricultural products through the
use of chemical fertilizers and plant pesticides containing toxic
chemical substances and unsanitary agricultural practices; and
g. Any other type of pollution which is not covered
by the provisions of Republic Act 3931, the Rules and Regulations of
the National Water andr Pollution Control Commission, the provisions of
Presidential Decree No. 480 and the rules and regulations of the
Radiation Health Office of the Department of Health which is likely to
affect community Health adversely.
CHAPTER XXI
DISPOSAL OF DEAD PERSONS
Section 89. Definition. — As used in this Chapter,
the following terms shall mean:cralaw:red
a. Burial grounds — cemetery, memorial park of any
place duly authorized by law for permanent disposal of the dead.
b. Embalming — preparing, disinfecting and
preserving a dead body for its final disposal.
c. Embalmer — a person who practices embalming.
d. Undertaking — the care, transport and disposal of
the body of a deceased person by any means other than embalming.
e. Undertaker — person who practices undertaking.
f. Funeral establishment — any place used in the
preparation and care of the body of a deceased person for burial.
g. Remains — the body of a dead person.
h. Burial — Interment of remains in a grave, tomb or
the sea.
i. Disinterment — the removal or exhumation of
remains from places of interment.
Section 90. Burial Grounds Requirements. — the
following requirements shall be applied and enforced:cralaw:red
a. It shall be unlawful for any person to bury
remains in places other than those legally authorized in conformity
with the provisions of this Chapter.
b. A burial ground shall at least be 25 meters
distant from any dwelling house and no house shall be constructed
within the same distance from any burial ground.
c. No burial ground shall be located within 50
meters from either side of a river or within 50 meters from any source
of water supply.
Section 91. Burial Requirements. — The burial
remains is subject to the following requirements:cralaw:red
a. No remains shall be buried without a dead
certificate. This certificate shall be issued by the attending
physician. If there has been no physician in attendance, it shall be
issued by the mayor, the secretary of the municipal board, or a
councilor of the municipality where the death occurred. The death
certificate shall be forwarded to the local civil register within 48
hours after death.
b. Shipment of remains abroad shall be governed by
the rules and regulations of the Bureau of Quarantine.
c. Graves where remains are buried shall be at least
one and one-half meters deep and filled well and firmly.
d. The cost of burial of a dead person shall be
borne by the nearest kin. If the kin is not financially capable of
defraying the expenses or if the deceased had no kin, the cost shall be
borne by the city or municipal government.
e. The burial of remains in city or municipal burial
grounds shall not be prohibited on account of race, nationality,
religion or political persuasion.
f. If the person who issues a death certificate has
reasons to believe or suspect that the cause of death was due to
violence or crime, he shall notify immediately the local authorities
concerned. In this case the deceased shall not be buried until a
permission is obtained from the provincial or city fiscal. If these
officials are not available the permission shall be obtained from any
government official authorized by law.
g. Except when required by legal investigation or
when permitted by the local health authority, no unembalmed remains
shall remain unburied longer than 48 hours after death.
h. When the cause of death is a dangerous
communicable disease, the remains shall be buried within 12 hours after
death. They shall not be taken to any place of public assembly. Only
the adult members of the family of the deceased may be permitted to
attend the funeral.
Section 92. Disinterment Requirements. —
Disinterment of remains is subject to the following requirements:cralaw:red
a. Permission to disinter remains of persons who
died of non-dangerous communicable diseases may be granted after a
burial period of three years.
b. Permission to disinter remains of person who died
of dangerous communicable diseases may be granted after a burial period
of five years.
c. Disinterment of remains covered in paragraphs "a"
and "b" of this Section may be permitted within a shorter time than
that prescribed in special cases, subject to the approval of the
Regional Director concerned or his duly authorized representative.
d. In all cases of disinterment, the remains shall
be disinfected and places in a durable and sealed container prior to
their final disposal.
Section 93. Funeral and Embalming Establishments. —
These establishments are subject to the following requirements:cralaw:red
a. Scope of inclusion — for the purposes of this
Section, requirements prescribed herein shall be applied and enforced
to funeral chapels, embalming establishments and morgues.
b. Sanitary permit — No establishment mentioned in
the preceding paragraph shall be operated without a sanitary permit
issued by the Secretary or his duly authorized representative. This
permit shall be revoked in case of any violation of the provisions of
this Chapter and the rules and regulations promulgated by the Secretary.
c. Classification — Funeral establishment shall be
classified in three (3) categories which are described as follows:cralaw:red
1. Category I — Establishments with chapels, and
embalming facilities and offering funeral services.
2. Category II — Establishments with chapels and
offering funeral services but without embalming facilities.
3. Category III — Establishments offering only
funeral services from the house of the deceased to the burial ground.
d. Sanitary requirements —
For funeral chapels — The requirements prescribed for places of public
assembly in this Code shall be applied.
For embalming and dressing rooms —
1. They should be constructed of concrete or
semi-concrete materials with sufficient space to accommodate five
bodies at one time.
2. The floors and walls shall be made of concrete or
other durable impervious materials.
3. Ventilation and lighting should be adequately
provided.
4. Embalming shall be performed on a table made of a
single marble slab or other equally impervious materials. It shall be
so constructed that all washings and body fluids shall flow to a drain
connected to the waste piping system of the building.
5. Embalming and assistants shall use rubber gloves
when working.
6. Washing facilities with soaps, detergents and
germicidal solutions shall be provided for use of the following
personnel.
Section 94. Licensing and Registration Procedures. —
The licensing and registration of undertakers and embalmers are subject
to the following requirements:cralaw:red
a. Issuance of license to practice —
1. Any person who desires to practice undertaking or
embalming shall be licensed to practice only after passing an
examination conducted by the Department.
2. Licensed undertakers or embalmers shall practice
undertaking or embalming in accordance with requirements prescribed by
the Department.
3. Licensed undertakers or embalmers shall display
their licenses conspicuously in the establishments where they work.
b. Issuance of certificates of registration —
1. An undertaker or embalmer shall apply annually
for a registration certificates and pay an annual registration fee of
twenty-five pesos to the Regional Health Office concerned.
2. The first registration certificate issued shall
cover the period from the date of issuance to the last day of the
current year. Subsequent certificates shall bear the date of January 1
of the year of issue and shall expire December 31 of the same year.
3. Certificates of registration shall be posed
conspicuously in establishments concerned.
c. Exemption — Government and private physicians may
perform embalming without license and registration certificates as
exigencies require.
Section 95. Autopsy and Dissection of Remains. — The
autopsy and dissection of remains are subject to the following
requirements:cralaw:red
a. Person authorized to perform these are:
1. Health officers;chanroblesvirtualawlibrary
2. Medical officers of law enforcement agencies; and
3. Members of the medical staff of accredited
hospitals.
b. Autopsies shall be performed in the following
cases:
1. Whenever required by special laws;chanroblesvirtualawlibrary
2. Upon orders of a competent court, a mayor and a
provincial or city fiscal;chanroblesvirtualawlibrary
3. Upon written request of police authorities;chanroblesvirtualawlibrary
4. Whenever the Solicitor General, provincial or
city fiscal as authorized by existing laws, shall deem it necessary to
disinter and take possession of remains for examination to determine
the cause of death; and
5. Whenever the nearest kin shall request in writing
the authorities concerned to ascertain the cause of death.
c. Autopsies may be performed on patients who die in
accredited hospitals subject to the following requirements:cralaw:red
1. The Director of the hospital shall notify the
next of kin of the death of the deceased and request permission to
perform an autopsy.
2. Autopsy can be performed when the permission is
granted or no objection is raised to such autopsy within 48 hours after
death.
3. In cases where the deceased has no next of kin,
the permission shall be secured from the local health authority.
4. Burial of remains after autopsy — After an
autopsy, the remains shall be interred in accordance with the
provisions in this Chapter.
Section 96. Donation of Human Organs for Medical,
Surgical and Scientific purposes. — Any person may donate an organ or
any part of his body to a person, a physician, a scientist, a hospital
or a scientific institution upon his death for transplant, medical, or
research purposes subject to the following requirements:cralaw:red
a. The donation shall be authorized in writing by
the donor specifying the recipient, the organ or part of his body to be
donated and the specific purpose for which it will be utilized.
b. A married person may make such donation without
the consent of his spouse.
c. After the death of a person the next of kin may
authorize the donation of an organ or any part of the body of the
deceased for similar purposes in accordance with the prescribed
procedure.
d. If the deceased has no next of kin and his
remains are in the custody of an accredited hospital, the Director of
the hospital may donate an organ or any part of the body of the
deceased in accordance with the requirement prescribed in this Section.
e. A simple written authorization signed by the
donor in the presence of two witnesses shall be deemed sufficient for
the donation of organs or parts of the human body required in this
Section, notwithstanding the provisions of the Civil Code of the
Philippines on matters of donation. A copy of the written authorization
shall be forwarded to the Secretary.
f. Any authorization granted in accordance with the
requirements of this Section is binding to the executors,
administrators, and members of the family of the deceased.
Section 97. Use of Remains for Medical Studies and
Scientific Research. — Unclaimed remains may be used by medical schools
and scientific institutions for studies and research subject to the
rules and regulations prescribed by the Department.
Section 98. Special Precautions for Safe Handling of
Cadavers Containing Radioactive Isotopes. —chanroblesvirtualawlibrary
a. Cadavers containing only traces (very small dose)
of radioactive isotope do not require any special handling precautions.
b. Cadavers containing large amounts of radioactive
isotopes should be labelled properly identifying the type and amount or
radioactive isotopes present and the date of its administration.
c. Before autopsy is performed, the Radiation Health
Officer or his duly authorized representative should be notified for
proper advice. The pathologist and/or embalmer should be warned
accordingly of the radioactivity of the cadaver so that radiation
precautions can be properly enforced.
d. Normal burial procedures, rules and regulations
may be carried out on the above mentioned cadavers provided that their
amount of radioactivity has decayed to a safe level which will be
determined by the Radiation Health Officer or his authorized
representative.
e. Cremation — If cremation is performed without
autopsy, there is no handling problem; otherwise, autopsy precautions
should be strictly enforced. Precautions should be taken to prevent any
possible concentration of radioactivity at the base of the stack of the
crematorium.
Section 99. Responsibility of the Regional Director.
— The Regional Director shall:cralaw:red
a. Act on applications for the establishment of
burial grounds; and
b. Close any burial ground which is a menace to
public health.
Section 100. Responsibility of the Local Health
Authority. — The local health authority shall:cralaw:red
a. Administer city or municipal cemeteries;chanroblesvirtualawlibrary
b. Issue permits to inter, disinter or transfer
remains;chanroblesvirtualawlibrary
c. Apply prescribed measures when cause of death is
due to a dangerous communicable disease;chanroblesvirtualawlibrary
d. Keep records of death occurring within his area
of jurisdiction; and
e. Authorize the deliver of unclaimed remains to
medical schools and scientific institutions for purposes specified in
this Chapter and in accordance with the rules and regulations of the
Department.
Section 101. Responsibility of Local Government. —
Local governments shall:cralaw:red
a. Reserve appropriate tracts of land under their
jurisdiction, for cemeteries subject to approval of Regional Directors
concerned;chanroblesvirtualawlibrary
b. Utilize judiciously grants, gifts, bequests of
property or financial donations for the establishment or improvement of
cemeteries; and
c. Close cemeteries under their jurisdiction subject
to approval of the Regional Director.
Section 102. Penal Provisions. —
a. The Secretary or his duly authorized
representative may revoke or suspend the license of an undertakers or
embalmer who violates any provisions of this Chapter or the rules and
regulations promulgated by the Secretary under this Chapter.
b. Any person who shall engage in the business of
undertaking or embalming in violation of any provision of this Chapter
shall be liable to a penalty of not more than one thousand pesos for
each violation.
c. Each day or any part thereof during which any
prohibited business or practice is continued shall be deemed a separate
violation and subject to the same penalty prescribed in the preceding
paragraph.
CHAPTER XXII
FINAL PROVISIONS
Section 103. Penal Provision. —
a. Unless otherwise provided in any Chapter or
section in this Code, any person who shall violate, disobey, refuse,
omit or neglect to comply with any of the rules and regulations
promulgated under this Code shall be guilty of misdemeanor and upon
conviction shall be punished by imprisonment for a period not exceeding
six months or by a fine of not exceeding one thousand pesos or both
depending upon the discretion of the court.
b. Any person who shall interfere with or hinder, or
oppose any officer, agent or member of the Department or of the bureaus
and offices under it, in the performance of his duty as such under this
Code, or shall tear down, mutilate, deface or alter any placard, or
notice, affixed to the premises in the enforcement of the Code, shall
be guilty of a misdemeanor and punishable upon conviction by
imprisonment for a period not exceeding six months or by a fine of not
exceeding one thousand pesos or both depending upon the discretion of
the Court.
Section 104. Separability Clause. — In the event
that any section, paragraph, sentence, clause, or word of this Code is
declared invalid for any reason, other provisions thereof shall not be
affected thereby.
Section 105. Repealing Clause. — All laws, as well
as pertinent rules and regulations thereof which are inconsistent with
the provisions of this Code are hereby repealed or amended accordingly.
Section 106. Effectivity. — This Code is hereby made
part of the law of the land and shall take effect immediately.
Done in the City of Manila,
this 23rd day of December, in the year of Our Lord, nineteen hundred
and seventy-five.
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