MALAYA (23 DEC 2015)
Principal Authors: HON. JOHN MARVIN "Yul Servo" NIETO, Hon. Priscilla Marie T. Abante, Hon. Dennis B. Alcoreza, Hon. Irma C. Alfonso-Juson, Hon. Ruben F. Buenaventura, Hon. Antonio G. Capistrano, Hon. Joel R. Chua, Hon. Ma. Asuncion G. Fugoso, Hon. Cristina A. Isip, Hon. Ernesto C. Isip, Jr., Hon. Rodolfo N. Lacsamana, Hon. Leilani Marie H. Lacuna, Hon. Numero G. Lim, Hon. Edward V.P. Maceda, Hon. Erick Ian O. Nieva, Hon. Roberto R. Ortega, Jr., Hon. Joel M. Par, Hon. Science A. Reyes, Hon. Josefina M. Siscar, Hon. Casimiro C. Sison, Hon. Christian Paul L. Uy, Hon. Raymundo R. Yupangco, Hon. Manuel M. Zarcal, HON. MARLON M. LACSON, Majority Floor Leader, HON. ROLANDO M. VALERIANO, Acting Presiding Officer and HON. FRANCISO "Isko Moreno" DOMAGOSO, Vice-Mayor and Presiding Officer
(a) | "Restaurant or similar retail food establishment" – A retail establishment, the business of which is to sell or serve food that is meant for immediate human consumption, i.e., to be consumed in the premises of such restaurant, while the customer is walking away, or soon after arriving at another location. | |
(b) | "Menu" – The primary writing of the restaurant or similar retail food establishment, including drive-through menu boards, from which a customer makes an order selection. | |
(c) | "Standard menu item" – Food meant for immediate human consumption, which is routinely included on a covered establishment's menu or routinely offered as self-service food or food on display. For purposes of this ordinance, the term "food" shall include beverages. | |
(d) | "Temporary menu item" – Food that appears on a covered establishment's menu or is routinely offered as self-service food or food on display for a period not exceeding sixty (60) days, whether consecutive or not, per calendar year: PROVIDED, however, That an item that is regularly offered for sale one or more days each week shall not be considered a temporary menu item. | |
(e) | "Food that is part of a customary market test" – Food that is marketed in a covered establishment for a period not exceeding one hundred twenty (120) days, whether consecutive or not, in order to test consumer acceptance of the product. | |
(f) | "Daily special" – A menu item that is not routinely listed on a menu or offered for sale by the covered establishment, and is promoted as a special menu item prepared and offered for sale only on particular day: PROVIDED, however, That an item that is regularly offered for sale one or more days each week shall not be considered a daily special. | |
(g) | "Custom order" – Food order that is prepared in a specific manner, based on an individual customer's request, which requires the covered establishment to deviate from its usual preparation of a menu item. | |
(h) | "Variable menu item" – A standard menu item that comes in different flavors, varieties, or combinations, and its listed as a single menu item. | |
(i) | "Department" – The Manila Health Department. |
(a) | On the menu listing the item for sale, adjacent to its name, so as to be clearly associated therewith, the number of calories contained in each serving size or other unit of measure of such item. | |
(b) | In a written form available within the premises of the covered establishment and to the customer upon request, with a prominent and clear statement of such availability on the menu or menu board, the amount of the following nutrients contained in each serving size or other unit of measure of the item: | |
(1) Total fat; (2) Trans fat; (3) Saturated fat; 4) Cholesterol; (5) Sodium; (6) Total carbohydrates; (7) Dietary fiber; (8) Sugars; and (9) Protein | ||
Covered establishments shall have a period of six (6) months from the effectivity of this Ordinance to comply with the provisions of this subparagraph and any other requirement referring to the written form described herein. |
(a) | Those that are not listed on the menu, such as condiments and other items placed on table or counters for general use; | |
(b) | Daily specials; | |
(c) | Temporary menu items; | |
(d) | Food that is part of a customary market test; and | |
(e) | Custom orders. |
(a) | For nutrient databases: | ||
(1) | The identify of the database used; | ||
(2) | The ingredients affecting the nutritive values of the menu items concerned, in specific amounts vis-a-vis a given serving size; | ||
(3) | A detailed listing of the amount of nutrients that each ingredient, in quantities as specified, contributes to the menu item, if information thereon can be obtained from the database; | ||
(4) | A detailed listing of the nutritive values determined for each menu item; | ||
(5) | Any other information pertinent to the final nutritive values of the menu items, such as factors that might cause variations in the nutrient profile; and | ||
(6) | A statement under oath executed by the owner/majority owner, operator, manager or other agent in charge of the covered establishment, or a duly licensed nutritionist employed or retained by the same, certifying that to the best of his knowledge and information, the information contained in the nutrient analysis is complete and accurate and that the covered establishment has taken reasonable steps to ensure that the method of preparation and amount of each standard menu item offered for sale adhere to the factors on which its nutritive values were determined. | ||
(b) | For published cookbooks that provide nutritional information for recipes contained therein: | ||
(1) | The name, author and publisher of the cookbook used; | ||
(2) | If available, information provided by the cookbook or from the author or publisher about how the nutrition information for the recipe was obtained; | ||
(3) | A copy of the recipe used to prepare the menu item concerned and a copy of the nutrition information for that menu item as provided by the cookbook; and | ||
(4) | A statement under oath executed by the owner/majority owner, operator, manager or other agent In charge of the covered establishment certifying that the covered establishment has taken reasonable steps to ensure that the method of preparation and amount of each standard menu item offered for sale adhere to the factors on which its nutritive values were determined. | ||
A recipe may be divided as may be necessary to accommodate differences in the portion size derived from the recipe and that served as the menu item, but not changes may be made to the proportion of ingredients used. | |||
(c) | For laboratory analyses: | ||
(1) | The ingredients affecting the nutritive values of the menu items used for the nutrient analysis, in specific amounts vis-a-vis a given serving size; | ||
(2) | The identity of the laboratory performing the analysis; | ||
(3) | Copies of analytical worksheets, including the analytical methods used to determine and verify nutrition information; and | ||
(4) | A statement under oath executed by the owner/majority owner, operator, manager of other agent in charge of the covered establishment, or a duly licensed nutritionist employed or retained by the same, certifying that to the best of his knowledge and information, the information contained in the nutrient analysis is complete and accurate and that the covered establishment has taken reasonable steps to ensure that the method or preparation and amount of each standard menu item offered for sale adhere to the factors on which its nutritive values were determined. | ||
(d) | For nutrition information provided by other reasonable means: | ||
(1) | A detailed description of the means used to determine the nutrition information; | ||
(2) | The ingredients affecting the nutritive values of the menu items concerned, in specific amounts vis-a-vis a given serving size; | ||
(3) | Any data used in determining the nutritive values of the menu items concerned, such as the nutrition facts on labels of packaged ingredients; and | ||
(4) | A statement under oath executed by the owner/majority owner, operator, manager or other agent in charge of the covered establishment, or a duly licensed nutritionist employed or retained by the same, certifying that to the best of his knowledge and information, the information contained in the nutrient analysis is complete and accurate and that the covered establishment has taken reasonable steps to ensure that the method of preparation and amount of each standard menu item offered for sale adhere to the factors on which its nutrient values were determined. | ||
(e) | The Department may require any covered establishment to provide other pertinent information and documents, in addition to all the foregoing, which may be fairly necessary to enable it to determine the accuracy of and the reasonableness of the bases for the nutrient content disclosures made by such establishment. |
(a) | An affidavit of compliance with this Ordinance executed by the owner/majority owner, operator, or manager or other agent in charge of the covered establishment; | |
(b) | Photographs or videos showing such compliance; and | |
(c) | Any other additional pertinent document/s which the Department may reasonably require as proof of compliance by such establishment with the provisions of this Ordinance. |
PRESIDED BY: | |
(Sgd.) ROLANDO M. VALERIANO Acting Presiding Officer City Council, Manila | |
ATTESTED: | |
(Sgd.) LUCH R. GEMPIS, JR. City Government Department Head III (Secretary to the City Council) |
(Sgd.) JOSEPH EJERCITO ESTRADA Mayor City of Manila | |
ATTESTED: | |
(Sgd.) EDWARD S. SERAPIO City Government Department Head III (Secretary to the Mayor) |