WHEREAS, the health of the people, being of paramount
importance, all efforts of public services should be directed towards
the protection and promotions 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;
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:
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."
SEC. 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:
- Code—Code on Sanitation of the Philippines.
- Department—The Department of Health.
- Secretary—The Secretary of Health.
- Regional Director—an official who heads a Regional Health
Office.
- Local Health Authority—an official or employee responsible
for the application of a prescribed health measure in a local
political subdivision.
- Health Officer—Provincial, City or Municipal Health
Officer.
- Engineer—A Sanitary Engineer.
- Section—any section of this code unless the term refers to other
statutes which are specifically mentioned.
SEC. 3. Functions of the Department of Health—The
Department shall have the following powers and functions:
- Undertake the promotion and preservation of the health of the
people and raise the health standards of individuals and communities
throughout the Philippines;
- Extend maximum health services to the people in rural areas and
provide medical care to those who cannot afford it by reason of poverty;
- 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;
- Upgrade the standards of medical practice, the quality of health
services and programs to assure the people of better health services;
- Assist local health agencies in developing public health
programs including medical care, and promote medical and public health
research;
- Issue permits to establish and operate government and private
hospitals, clinics, dispensaries, schools of nursing, midwifery,
and other paramedical courses, puericulture centers, clinical
laboratories and blood banks;
- Prescribe standard rates of fees for health, medical,
laboratory, and other public health services; and
- Perform such other functions as may be provided by law.
SEC. 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.
SEC.
5. Authority of the Bureau 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.
SEC. 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.
SEC. 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.
SEC. 8. Miscellaneous Provisions.—
- 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.
- 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 pro visions hereof.
- 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.
- Language required.—Any notice, report, statement or record
required or authorized by this Code, shall be written in English or
Pilipino.
- Mailing of notices.—Unless otherwise expressly pro vided, any
notice required to be sent to any per son 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.
- 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.
- 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
SEC. 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.
SEC. 10. Jurisdiction of the Department.—The
approval of the Secretary or that of his duly authorized representative
is required in the following cases:
- Sites of water sources before their construction;
- Delivery of water to consumers from new or recently repaired
water systems;
- Operation of a water system after an order of closure was issued
by the Department;
- Plans and specifications of water systems of sub divisions and
projects prior to the construction of housing units thereat; and
- Certification of potability of drinking water.
SEC. 11. Types of Water Examinations Required.—The
following examinations are required for drinking water:
- Initial examination.—The physical, chemical and
bacteriological examinations of water from newly constructed systems or
sources are required be fore they are operated and opened for public
use. Examination of water for possible radioactive contamination should
also be done initially.
- Periodic examination.—Water from existing sources is subject to
bacteriological examination as of ten 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.
SEC. 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.
SEC. 13. Other Protective Measures.—To protect
drinking water from contamination, the following measures shall be
observed:
- Washing clothes or bathing within a radius of 25 meters from
any well or other source of drinking water is prohibited.
- No artesians, deep or shallow well shall be constructed within
25 meters from any source of pollution.
- 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.
- 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.
- The installation of a 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
SEC. 14. Sanitary Permit.—
- 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.
- Every Sanitary Permit shall be posted in a conspicuous place of
the establishment.
- Fees.—The fees payable on applications for permits and
upon the issuances, renewal and nothing of such certificates shall be in
such amounts as the City or Municipal Authority may by resolution
impose.
- 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.
- Record of Permit Certificates
- 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.
- The record shall in every case show the following:
- The name and address of the holder of the permit who in every
case shall be the actual occupier of the establishment;
- The location of the establishment;
- The purpose or purposes for which the permit has been issued;
- The date the first permit was issued and the dates of any
renewal thereof.
- Every change of occupation and management of the
establishment since the first permit was issued; and
- 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.
SEC. 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.
SEC. 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:
- Meats, meat products and fish shall be procured from sources
under sanitary or veterinary super vision.
- All meat and fish shall be properly cooked before serving.
- No meat products, fish, vegetables and other food sources shall
be procured from sources or areas known to have been affected by
radioactive as for example, areas contaminated with a very large amount
of radioactive fallout.
- 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.
- Milk shall be stored in a refrigerator. Canned or packaged
milk, other than dry milk powders, shall be refrigerated after the
container has been opened.
- All perishable and potentially hazardous foods shall be stored
at 45°F (7°C) or below.
- Cooked food intented to be served hot shall be kept at a
temperature not lower than 140°F (60°C)
- Raw fruits and vegetables shall be thoroughly washed before
they are used.
SEC. 17. Structural Requirements.—Food establishment
shall be constructed in accordance with the following requirements:
- No person shall use any room or place for or in connection
with the preparation, storage, handling or sale of any article
of food.
- Which is at anytime used or in direct communication with a
sleeping apartment or toilet;
- In which any animal is kept; or
- 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
- Which is not used exclusively for the purpose; Provided,
That in department stores or multipurpose 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.
- 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:
- Floors—The floors shall be—
- 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
- Constructed of wood with devetailed 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
- Constructed in accordance with the requirements of
sub-clause (1) 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.
- Walls
- 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;
- 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;
- The internal walls be painted in light colors or treated
with such other wall finish as the health authority may prescribe.
- Ceilings
- All ceilings or, if no ceiling is provided, the entire
under-surface of the roof shall be dust-proof and washable.
- 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 coloured.
- Lighting
- 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;
- 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;
- All lighting shall be reasonably free from glare and
distributed so as to avoid shadows;
- At other areas or working surfaces, the illumination shall
be of such intensity as may be required by the health authority.
- Ventilation
- Ventilation shall be provided which shall be effective
and suitable to maintain comfortable condition;
- The ventilation shall be adequate to prevent the air from
becoming excessively heated, prevent condensation and the formation of
excess moisture on walls, ceilings and for the removal of objectionable
odours, fumes and impurities;
- In the absence of effective natural ventilation,
mechanical ventilation with airflow from a clean area, and discharging
in such a manner as not to create a nuisance, shall be provided;
- Canopies, air ducts, fans or other appliances shall be
provided as required by the health authority in particular
circumstances;
- Effective provision shall be made for securing and
maintaining a reasonable temperature.
- Overcrowding.—There shall be sufficient floor space
to enable every person working thereon to carry out his duties
efficiency and to permit easy access for cleaning. Working
spaces, aisles 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.
- Changerooms.—
- 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.
- Wash-hand Basins.—
- 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.
- 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 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.
- Wash-hand Basin Maintenance.—
- 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.
- The wash-hand basin and all hand washing facilities
shall, at all times, be maintained in good repair and in a clean
condition.
- 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 or 100°F (37.8°C).
SEC. 18. Use of Food-Service Spaces—
- Food-service spaces shall not be used as living or sleeping
quarters.
- Clothing or personal effects shall be kept in lockers or in
designated places away from food service spaces.
- No animal or live fowls shall be allowed in such spaces.
- Persons not directly connected with food preparation and
serving shall not be allowed to stay in food-serving spaces.
- Foods in storage or in preparation must not be handled by
anyone other than the preparation and serving staff.
SEC. 19. Food Handlers—
- No person shall be employed in any food establishment without a
health certificate issued by the local health authority.
- Food handlers shall at all times:
- Wear clean working garments. The Cook shall wear
prescribed caps and female employees caps or hairnets.
- Observe good personal hygiene.
- 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.
SEC. 20. Vermin Control—
Vermin.—A group of
insects or small animals such as flies, mosquitoes, cockroaches, fleas,
lice, bed-bugs, mice, and rats which are vectors of diseases
- Spaces where food and drinks are stored, prepared and served
shall be so constructed and maintained as to exclude vermin.
- All openings which connects spaces to the outer air shall be
effectively protected with screen of non-corrosive wire
16-mesh or finer. Door screens shall be tight-fitting.
- 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.
- During deratting or disinfecting operations, all
foodstuffs, utensils, food preparation and cleaning equipment shall be
covered to protect them from toxic chemical substances.
- Vermin control in public places shall be the responsibility of
the provincial, city or municipal governments which have
jurisdiction over them.
- The procedure and frequency of vermin abatement program shall
be determined and approved by the local health authority.
SEC. 21. Toilet and Washing Facilities—
- Adequate and clean toilet facilities for male and female
customers and personnel shall be provided in properly located areas.
- Toilet rooms shall not open directly in to spaces where food is
prepared, stored or served. Where such toilets exist, the doors
shall be tight fitting and self-closing.
- Adequate hand-washing facilities shall be provided within or
adjacent to toilet room.
- Facilities shall include hot and cold running water,
single-service paper or cloth towel dispenser or drying device and
soap or detergent.
SEC. 22. Disposal of Refuse.—
- Refuse cans may be used in food-preparation areas for
immediate use only.
- Storage refuse cans, filled and empty; shall be in a
designated space separate from food-handling operations.
- These cans shall be so constructed and maintained as to be
vermin-proof and easily cleaned.
- Cans containing refuse be tightly covered at all times, except
during actual use in food handling areas.
- Holding bins may likewise be used, provided they are
constructed of impervious, readily-cleaned materials, and fitted
with tight-fitting covers.
- Where refuse cans are used, a space separate 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.
SEC. 23. Equipment and Utensils—
- They shall be so designed, fabricated and installed so that
cleaning is easy and they do not pose health hazards.
- Lead-soldered containers and cadium-lined piping and fixtures
shall not be used.
- 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.
- Sliding doors on cabinets shall be easily cleanable and
removable. Runners shall be alloted 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.
SEC. 24. Washing of Utensils—
- They shall be scraped and pre-rinsed to remove food articles.
- They shall be thoroughly cleansed in warm water at 120°F (49°C)
with soap or detergent.
- If running water is not used, the wash-water shall be changed
frequently.
SEC. 25. Bactericidal Treatment.—Eating and drinking
utensils and equipment, after thoroughly cleaned, shall be subjected
to one of the following bactericidal treatments:
- Immersion for at least half a minute in clean hot water at
temperature of at least 170°F (77°C);
- Immersion for at least one minute in a lukewarm chlorine
solution 50 ppm;
- Exposure in a steam cabinet at a temperature of at least 170°F
(77°C) for at least 15 minutes at a temperature of 200°F (90°C) for at
least 5 minutes;
- Exposure in an oven or hot-air cabinet at a temperature of at
least 180°F (82°C) for at least 20 minutes; or
- Any other method approved by the local health authority.
SEC. 26. Handling of Washed Utensils.—
- 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 ready air-drying.
- The drying cloth on which to store dishes and utensils
temporarily after bactericidal treatment should be cleaned and changed
frequently.
SEC. 27. Storage of Washed Utensils.—
- They shall be stored in a clean and dry place adequately
protected against vermin and other sources of contamination.
- Cups, bowls, and glasses, shall be inverted for storage.
- 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.
- Racks, trays and shelves shall be made of materials that are
impervious, corrosion-resistant, non-toxic, smooth, durable and
resistant to chipping.
- Drawers shall be made of the same materials and kept clean.
Felt-lined drawers are not acceptable, but the use of clean and
removable towels for lining drawers is acceptable.
SEC. 28. Dry Storage of Non-Perishable Foods.—Non-
perishable foods shall be stored in the following manner:
- Designated spaces, lockers, cupboards, racks, shelves and
containers shall be used for storage.
- All spaces, lockers and cupboards 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.
- The recommended temperature range for dry stores is 50-60°F
(10-15°C) except where dry foods for immediate use are stored in the
preparation and servicing spaces.
SEC. 29. Refrigerated Storage of Perishable Foods.—Perishable
foods shall be stored in the following manner:
- a. They shall be kept at or below 45°F (7°C) except during
preparation or when held for immediate serving after preparation.
- When such foods are to be stored for extended periods, a
temperature of 40°F (4°C) is recommended.
- Fruits and vegetables shall be stored in cool rooms.
- Recommended temperatures for perishable food storage
are:
- Frozen foods; not more than 10°F (2°C)
- Meat and fish: 32-38°F (0-3°C)
- Milk and milk products: 40-45°F (5-7°C)
- Fruits and vegetables: 44-50°F (7-10°C)
- 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 2°F (1°C).
Sufficient shelving shall be provided to prevent stocking and to permit
adequate ventilation and cleaning.
SEC. 30. Food Servicing Operations.—These operations
should be in accordance with the following requirements:
- 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.
- The surfaces of containers and utensils, including glasses and
tablewares, which come in contact with food and drink shall not be
handled.
- 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.
- Clean clothes, 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.
- Spoons, spatulas, dippers and scoops used intermittently for
dispensing frozen desserts shall be kept in running water or in water
maintained at 170°F (77°C) 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.
SEC. 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.
- 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.
- 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.
- Summary Suspension of Permits.—Whenever the Provincial,
Municipal or City Health Officer finds unsanitary or unhealthy
conditions in the operation of 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.
- Appeals.—The person or panel conducting the hearing may
confirm, modify or reverse the decision appealed from, which decision
shall be final.
- 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 shall protect such food
from contamination.
- 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.
SEC. 32. Special or "Sari-Sari" Stores
- No grocery or sari-sari store shall be established within a
distance of 25 meters from any source of contamination.
- All foods which require no further cooking before they are
eaten shall be protected from contamination while in counters or
showcases.
- Bakeries
- Delivery trucks and carts of bakery products shall always
be kept clean and sanitary.
- Dairies
- 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.
- No animals used for the production of milk shall be
allowed to graze on land which has been contaminated by radioactivity.
- No dairy shall sell unwholesome milk that has not been
previously pasteurized or otherwise sterilized.
- Ice Plants
- Only potable water shall be used in the manufacture of ice.
- In storing and transporting ice intended for public
consumption, precautionary measures shall be taken to protect the
ice from sources of contamination.
- Ambulant Food Vendors
- These vendors shall sell only bottled food drinks, biscuits
and confectionaries.
- It is prohibited for food vendors to sell food that requires
the use of utensils.
- Oyster Beds
- 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.
- Oysters offered for sale, if not originating from approved
areas, shall be confiscated and destroyed by the local health authority.
- Fish Marketing Areas
- Only fresh and wholesome fish products shall be sold.
- 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.
- The selling, distribution and buying of fish caught through
the use of explosives and chemicals are prohibited.
SEC. 33. Responsibility of the Local Health Authority.—
The local health authority shall:
- Make periodic inspections to enforce the maintenance of
adequate sanitation in food establishments and their premises;
- 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;
- Prevent the sale or condemn and destroy food and drinks if
these are found unfit for human consumption;
- Seal and prohibit the use of devices, utensils, containers,
vehicles, machines, piping and appurtenances if in his opinion they are
unsanitary; and
- Enforce the provisions of this Chapter and the rules and
regulations promulgated by the Secretary.
CHAPTER IV.—MARKETS AND ABATTOIRS
SEC. 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:
- Suitability of site insofar as elimination of nuisance
conditions and prevention of contamination are concerned;
- Availability of ample water supply for cleaning;
- Accessibility of adequate drainage facilities;
- Durability of construction to protect vendors and customers
from any hazard and exposure to the elements; and
- Facilities for sanitation maintenance, such as cleaning
and elimination of harborages of vermin.
SEC. 35. Responsibility of the Local Health Authority.—
- On Markets.—
- Make periodic inspections to ascertain the maintenance of
adequate sanitary conditions of markets and their premises;
- Supervise and control the proper care and use of market
"stalls;
- Prohibit the construction of living quarters within any
market and its premises;
- Enforce the ban on construction of partitions, sheds or
booths within the market area.
- On Abattoirs.—
- Supervise the maintenance of adequate sanitation in
abattoirs and their premises;
- Enforce the requirements on the examination of meat as
provided in existing laws;
- Permit the slaughter of animals for public consumption, in
other designated areas in certain exigencies, provided public health is
adequately protected;
- Supervise the sanitary disposal of all abattoir wastes; and
- 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.
SEC. 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
SEC. 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.
SEC. 38. General
Requirements.—The construction and operation of a public laundry
shall be governed by the following requirements:
- Structural Requirements—
- The site should be distant from sources of
nuisance.
- Only durable construction materials shall be used.
- Smooth and water-tight materials shall be used for flooring.
- All work rooms shall be properly ventilated and provided
with 10 foot-candles of lighting.
- Adequate drying facilities shall be provided and articles
for drying protected from sources of contamination.
- Sanitary Requirements—
- Laundry supplies in both liquid and solid state shall be
properly stored, prepared and handled. Containers of chemical shall be
properly labeled.
- Employees shall be provided with potable drinking water,
toilets, bathing and washing facilities.
- Employees shall be provided with lockers for their working
garments and street clothes.
- The plant and its premises and equipment shall be
maintained clean and sanitary at all times.
SEC. 39. Special Requirements.—The following
requirements shall be enforced:
- 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.
- 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.
- 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.
- Laundry vehicles shall be kept clean and sanitary at all times.
- A separate room shall be used solely for receiving, sorting,
marking or handling unwashed articles.
- 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
SEC. 40. Definition of Terms.—As used in this
Chapter, the following terms shall mean:
- School.—An institution of learning which may be public,
private or parochial.
- Special School.—A school which utilizes cadavers, plants,
animals, bacterial and viral cultures for studies and research.
- Physical Environments.—The school plant, grounds and
facilities.
- Emotional Environment.—Factors which affect the emotional health
of students and members of the faculty.
SEC. 41. The Physical Environment.—In the design and
construction of the school plant, the following factors shall be
considered:
- 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.
- Grounds.—The acreage shall be large enough to permit
playgrounds, athletic fields and school gardens.
- 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 finished should be chosen so as to give optimum
lighting with minimum glare. Artificial lighting with louvered
flourescent or incandescent fixtures shall be used to supply a minimum
lighting of 25 footcandles in the darkest corner. For flooring,
suitable materials shall be used which will give maximum durability
without creating a slippery surface.
- 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.
SEC. 42. The Emotional Environment.—For the
promotion of emotional health of the school population the following
requirements shall be observed:
- Suitable Location.—The school site shall be located away from
disturbances and places which give undesirable influence.
- Recreational Facilities.—The school must have safe and
attractive playgrounds and adequate facilities for suitable sports and
games.
- Rest Rooms.—Facilities shall be provided where faculty members
can rest and get short respite from teaching chores.
SEC. 43. Health Services.—Trained personnel and
adequate facilities should be available so that students may be afforded
the following health services:
- Periodic physical and medical examination;
- Periodic immunization;
- Medical and dental treatment;
- Treatment for common emergencies; and
- Counseling and guidance.
SEC. 44. Requirements for Special Schools.—
- 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.
- Poisonous or harmful plants and animals shall be kept in
adequate and secured areas.
- Viral and bacterial cultures shall be kept in laboratories under
standard security laboratory measures.
- 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
SEC. 45. Sanitary Requirements for Operating an
Industrial Establishment.—The following sanitary requirements shall
be applicable to industrial establishments:
- 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.
- 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.
- Adequate potable water supply shall be provided to employees.
- 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.
- 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.
- An abatement program for the control of vermin shall be
maintained.
- Adequate restrooms and mass halls shall be provided for
employees.
- All places of employment and all workrooms, including machinery
and equipment, shall be kept clean and sanitary.
SEC. 46. Responsibility of the Secretary.—The
Secretary shall:
- 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 non-impairment of health or
well-being either immediate or after a long period of exposure.
- Review the concentration values at regular intervals to amend
or alter the list where indicated.
- Specify other concentrations of short intermittent duration
capable of causing acute impairment of health.
- 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.
- Prescribe control measures to eliminate transmission of
infection diseases through processing or handling of industrial
products or wastes.
- Prescribe illumination standard values and order their review at
regular intervals to alter or amend values when indicated.
- Promulgate measures to effectively and adequately control any
possible radioactivity to which workers may be exposed while on their
job.
- Promulgate control measures to reduce noise and pollution.
SEC. 47. Responsibilities of the Employer and Employees.—The
following are the responsibilities of the employer and employees in
industrial establishments:
- Employer responsibility—
- Provide, install and maintain in good repair all control
measures and protective equipment;
- Inform affected employees regarding the nature of the
hazards and the reasons for, and methods of control measures and
protective equipment;
- Make periodical testing of the hearing of all employees in
noisy areas of operation;
- Adopt measures so that the noise produced is within
allowable limits so as not to affect neigh boring offices, buildings or
establishments;
- Request the Department a permit for variation from the
requirements when other means of equivalent protection are provided;
and
- Provide personal protective equipment and/or protective
barriers when they are necessary.
- Employee responsibility—
- Observe strictly protective control measures which
are prescribed, and
- Use equipment provided them properly.
SEC. 48. Environmental Provisions.—The environmental
provisions enumerated hereunder for the protection of the health of
workers are applicable to all industrial establishments:
- Control of atmospheric contaminants—
- Workers shall not be exposed to atmosphere contaminants
hazardous to health.
- Control of atmospheric contaminants shall be
accomplished by methods approved by the Secretary or his duly authorized
representatives or other government authority.
- Control of infectious agents—
- Control measures shall be provided to eliminate or control
the transmission of infectious; diseases through processing or handling
of industrial products or wastes.
- Control of possible sources of radiation hazards should be
carried out under the supervision of the Radiation Health Officer or his
authorized representative.
- 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.
- Illumination—
- 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.
- Where the specific task requires more light than provided by
general illumination, supplementary lighting shall be supplied.
- Ventilation—
- 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.
- Proper control measures shall be used to reduce
concentration of toxic contaminants to allowable limits.
- Air inlets shall be arranged, located and equipped to insure
sufficient air 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.
SEC. 49.
Personal Protective Equipment.—The following
requirements shall be applicable for personal protective equipment:
- Personal protective equipment and/of 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 function of any part of
the body through skin and/or mucous membrane absorption.
- Personal protection equipment which shall include respiratory
protectors and other accessories shall be fitted to each exposed worker
when necessary.
- X-ray film badges or pocket desimeters should be worn by workers
who, during their course of work are unavoidably exposed to even a
small amount of radiation.
- Supervisors and employees shall familiarize themselves with the
use, proper sanitary care and storage of this equipment.
SEC. 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
SEC. 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.
SEC. 52. Protection of Customers.—To protect the
health and safety of persons who use them, the Department shall
promulgate:
- Rules and regulations concerning:
- Correct sanitary practices for persons swimming or bathing
to prevent the transmission of communicable disease;
- Correct sanitary procedures for personnel working in those
places to maintain their adequate sanitation and cleanliness of
accessories used by customers;
- Adequate number of trained personnel and necessary equipment
needed for life-saving and rescue work;
- Post conspicuous signs to warn public of the presence of
artificial or natural hazards; and
- Standards and criteria concerning:
- Sanitary structural requisites for swimming pools
and bath houses to prevent pollution of their waters and to facilitate
sanitation maintenance;
- Sanitary structural standards for appurtenances, such as
toilets, shower baths and dressing rooms to eliminate the risk of
infection;
- Methods of determining the sanitary quality of water,
particularly that which is used in swimming pools, and
- Criteria to be used in the limitation of swimming pools in
accordance with the type of water treatment applied.
SEC. 53. Responsibility of the Local Health Authority.—
The local health authority concerned shall:
- Inspect the state of sanitation of public swimming or bathing
places;
- Ascertain if their personnel are examined regularly for the
presence of any infectious or contagious disease;
- Enforce rules and regulations of the Department under this
Chapter; and
- 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
SEC. 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.
- Rest areas, bus terminals, bus stops and service stations shall
be established with ample area to pre vent overcrowding of motor
vehicles and travellers.
- They shall be provided with adequate ventilation lighting and
away from sources of nuisance.
- Safe and adequate water supply shall be provided in accordance
with the provisions of Chapter II of this Code.
- Excreta and sewage collections and disposal shall be provided in
accordance with the provisions of Chapter XVII of this Code.
- Refuse collection and disposal shall be in accordance with the
provisions of Chapter XVIII of this Code.
- Comfort rooms—Adequate number of comfort room shall be
provided as well as auxiliary facilities therein in accordance with the
provisions of Chapter XVII of this Code.
- 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.
- Sale of foodstuffs in those establishments shall be done in
conformity with the provisions of Chapter III of this Code.
CHAPTER X.—CMPS AND PICNIC GROUNDS
SEC. 55. No camps and picnic grounds shall be open for
public patronage without a sanitary permit issued by the Secretary or
his duly authorized representative.
- 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.
- 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.
- Adequate and safe drinking water shall be available at all times
in accordance with the provisions of Chapter II of this Code.
- Adequate number of sanitary facilities shall be provided.
- Sewage disposal shall be in accordance with the provisions on
Chapter XVII of this Code.
- The storage, preparation and serving food shall be in accordance
with Chapter III of this Code.
- 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.
- Camps and picnic grounds shall at all times be maintained clean,
free from litter and accumulated rubbish.
- 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
SEC. 56. General Provisions.—The following
provisions are applicable to dancing schools, dance halls and night
clubs:
- These establishments shall be operated and opened for public
patronage only when a sanitary permit is issued by the local health
authority.
- These establishments and their premises shall be kept clean and
sanitary at all times.
- Patrons shall be provided with adequate potable water and toilet
facilities in accordance with standards prescribed in this Code.
- There shall be no private rooms or separate compartments for
public use except those used for lavatories, dressing rooms, bars and
kitchens.
SEC. 57. Special Provisions.—The following provisions are
applicable in cases herein specified:
- For dancing schools—
No person shall be employed as a dancing instructor or
instructress without first securing a health certificate from the local
health authority.
- For dance halls and night clubs—
- No person shall be employed as hostess or cook or bartender
or waiter without first securing a health certificate from the local
health authority.
- The storage, preparation and serving of food and drinks
shall be in accordance with the pro visions prescribed in Chapter III of
this Code.
CHAPTER XII.—TONSORIAL AND BEAUTY
ESTABLISHMENTS
SEC. 58. Definitions of Terms.—As used in this
Chapter, the term "Tonsorial and Beauty Establishments" include barber
shops, beauty parlors, hairdressing and manicuring establishments and
figure slenderizing salons.
- Requirements.—These establishments are subject to the following
requirements:
- A sanitary permit shall be procured from the local health
authority before their operation.
- They shall be maintained clean and sanitary at all times.
- No person shall be employed to service customers without a
health certificate issued by the local health authority.
- Correct Sanitary Practices.—The following sanitary practices
shall be observed.
- Working personnel shall wash their hands with soap and water
before servicing customers.
- They shall wear clean working garments.
- They shall not smoke nor eat while working.
- Implements of their trade shall be cleaned and disinfected
before and after their use.
- Customers shall be supplied with clean and fresh towels,
drapes and other linen necessary.
- 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
CHAPTER 59.—Definitions of Terms—As used in this Chapter
the following terms shall mean:
- Massage—A method wherein the superficial soft parts of the body
are rubbed or stroked or kneaded for remedial or aesthetic or hygienic
purposes.
- Massage Clinic—An establishment where massage is administered to
customers.
- Masseur—A trained person duly licensed by the Secretary or his
authorized representative to perform massage and to supervise massage
clinic attendants.
- 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.
- 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.
- Sauna Bath Attendant—A person who applies the proper technique of
giving steam bath to customers.
SEC. 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.
SEC. 61. Sanitary Requirements.—The
following requirements shall be enforced:
- Massage Clinic—
- The reception and office rooms shall be properly lighted
and ventilated.
- Every massage room shall be adequately ventilated, provided
with a sliding curtain at the entrance and equipped with a suitable and
clean massage table.
- Sanitary and adequate handwashing, bath and toilet facilities
shall be available.
- Customers shall be provided with soap, clean towels,
sanitized rubber or plastic slippers. They shall be required to take a
thorough bath before massage.
- Masseur and masseur attendant shall wash their hands with
soap and water before and after massaging a customer.
- The establishment and its premises shall be maintained
clean and sanitary at all times.
- Sauna Bath Establishment—
- The reception and office rooms shall be properly lighted and
adequately ventilated.
- The sauna bath room shall be properly lighted, provided
with thermometers, and maintained clean and sanitary at all times.
- Sanitary and adequate handwashing, bath and toilet facilities
shall be available.
- Customers shall be provided with soap, clean towels and
sanitized rubber or plastic slippers.
SEC. 62. Personnel.—The following requirements shall
be enforced:
- Masseur—
- The person must have a certificate as a registered masseur,
issued by the Committee on Examiners for Masseur of the Department.
- He must possess an up-to-date health certificate issued by
the local health authority.
- The person shall wear a clean working garment when attending
to customers or when supervising massage clinic attendants.
- Massage Clinic Attendant—
- 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:—
- 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
- Up-to-date health certificate issued by the local health
authority to include VD clearance secured from any government clinic or
hospital.
- The person must wear clean working garments when attending
to customers.
- Sauna Bath Attendant—
- Attendant must possess an up-to-date health certificate
issued by the local health authority.
- The person must wear clean working garments when attending
to customers.
CHAPTER XIV.—HOTELS, MOTELS AND APARTMENTS, LODGING,
BOARDING, OK TENEMENT HOUSES, AND CONDOMINIUMS
SEC. 63. Definitions of Terms.—As used in this
Chapter, the following terms shall mean.
- Hotel—A building where transient guests are received and are
supplied with and charged for meals, lodging and other services.
- Motel—A roadside hotel for motorists, usually consisting of
private cabins.
- Boarding House—A building where selected persons for fixed
periods of time are supplied with, and charged for sleeping
accommodations and meals.
- Lodging House—A building where persons are supplied with and
charged for sleeping accommodations only.
- 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 with in the premises but living independently of one another
although having a common right in the use of halls, stairways, terraces,
verandas, toilets, and baths.
- Apartment House—A building containing a number of separate
residential suites.
- 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.
- Establishments—A collective term construed to include items (a)
to (g)
SEC. 64. General Provisions.—The following are
required for the establishments defined in the preceding Section:
- No establishment shall be operated and opened for public
patronage without a sanitary permit issued by the Secretary or his duly
authorized representative.
- Any extension or additional construction in an establishment
shall require a sanitary permit before it could be operated.
- All establishments shall provide their patrons with adequate
water supply, toilet and bath facilities in accordance with standards
prescribed in this Code.
- Establishments and their premises shall be kept clean and
sanitary at all times.
- Periodic insect and vermin control measures shall be undertaken
to eradicate vectors of diseases.
- Animals, fowls and pets shall be housed in appropriate kennels or
cages separate from living quarters.
- No person shall be employed in establishments with out first
procuring a health certificate from the local health authority.
SEC. 65. Special Provisions.—The following provisions
are applicable.
- Hotels and Motels—
- The storage, preparation and serving of food to customers
shall be in accordance with the standards prescribed in Chapter III of
this Code.
- Customers shall be provided with clean linen such as
bedsheets, pillow cases, towels and napkins.
- 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.
- Condominium—The following conditions are applicable:
- The choice for sites should consider availability of bus
and taxi transportation services.
- Nearness to place of work, schools, police stations and
clinics.
- Availability of low-cost goods.
- Parking facilities and playgrounds for children.
- Facilities for refuse disposal and cleanliness of buildings,
and
- Efficiency of lifts.
CHAPTER XV.—PORT, AIRPORT, VESSEL AND AIRCRAFT
SANITATION
SEC. 66. Port and Airport Sanitation.—In ports
and airports, the following sanitary requirements shall be applied :
- Every port and airport shall be provided with potable drinking
water and wholesome food supplied from sources approved by the Secretary
or his duly authorized representative.
- 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.
- There shall be available to as many ports and air ports 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.
- The local health authority for each port and air port shall take
all practicable measures to keep port and airport installation free of
rodents.
- In ports and airports of entry, facilities shall be provided for
immunizations required in international travel.
- Every port of entry and the area within the perimeter of an
airport of entry shall be kept free from mosquito vectors of yellow
fever, malaria and other diseases of epidemiological significance.
SEC. 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.
SEC. 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
SEC. 69. Definition of Terms.—As used in this
Chapter, the following terms shall mean:
- Place—Land, building, residence, pier, watercraft, aircraft or
any means of conveyance.
- Vermin—A group of insects or small animals such as flies,
mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are
vectors of diseases.
SEC. 70. General Requirements.—
- 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.
- Vermin control in public shall be the responsibility of the
provincial, city or municipal governments which have jurisdiction over
them.
- 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
SEC. 71. Definition of Terms.—As used in this
Chapter, the following terms shall mean.
- Public sewerage system—A system serving twenty five persons or
more.
- 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.
- House sewer—The pipe line conveying sewage from the house or
building to the septic tank or to any point of discharge.
- Septic tank absorption bed or drain field—An underground system
of pipes leading from the out let 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.
- Effective capacity of a septic tank—The actual liquid capacity of
a septic tank as contained below the liquid level line of the tank.
- 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.
- Freeboard or air space of a septic tank—The distance as measured
from the liquid level line to the inside top of the septic tank.
- 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.
- Approved excreta disposal facilities shall mean any of the
following:
- Flush toilets properly connected to a community sewer;
- Flush toilets connected to a septic tank constructed in
accordance with this Chapter;
- Any approved type pit privy built in accordance with this
Chapter; and
- Any disposal device approved by the Secretary or his duly
authorized representative.
- 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.
- 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.
- Box and can privy—A privy where fecal matter is deposited in a
can bucket which is removed for emptying and cleaning.
- Concrete vault privy—A pit privy with the pit lined with
concrete in such manner as to make it water tight.
- 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.
SEC. 72. Scope of Supervision of the Department.—The
approval of the Secretary or his duly authorized representative is
required in the following matters:
- 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;
- Plans of individual sewage disposal system and the sub-surface
absorption system, or other treatment device;
- Location of any toilet or sewage disposal system in relation to a
source of water supply;
- Plans, design data and specification of a new or existing
sewerage system or sewage treatment plant;
- The discharge of untreated effluent of septic tanks and/or sewage
treatment plants to bodies of water;
- Manufacture of septic tanks and
- Method of disposal of sludge from septic tanks or ether treatment
plants.
SEC. 73. Operation of Sewage Treatment Works.—Private
or public sewerage systems shall:
- Provide laboratory facilities for control tests and other
examinations needed;
- Forward to the local health authority operating data, control
tests and such other records and information as may be required;
- Inform the local health authority in case of breakdown or
improper functioning of the sewage treatment works; and
- Provide for the treatment of all sewage entering the treatment
plant.
SEC. 74. Requirements in the Operation of Sewerage Works
and Sewage Treatment Plants.—The following are required for sewerage
works and sewage treatment plants:
- All houses covered by the system shall be connected to the sewer
in areas where a sewerage sys tem is available.
- 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.
- 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.
- Properly designed grease traps shall be provided for sewers from
restaurants or other establishments where the sewage carries a large
amount of grease.
SEC. 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:
- 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.
- It shall be built of concrete, whether pre-cast or poured in
place. Brick, concrete blocks or adobe may be used.
- It shall not be constructed under any building and within 25
meters from any source of water supply.
SEC. 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
prescribed by the National Water and Air Pollution Control Commission.
SEC. 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.
SEC 78. Sanitary
Privies.—The privy recommended for use is the sanitary privy. It
shall conform with the following minimum requirements:
- It shall consists 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.
- The pit shall be at least one meter square.
- The floor should cover the pit tightly to prevent the entrance
of flies. It shall be constructed of concrete or other impervious
material.
- The water-sealed bowl shall be joined to the floor so as to form
a water-tight and insect proof joint.
- A suitable building, shall be constructed to provide comfort and
privacy for the users of the privy.
- Wooden floors and seat risers shall not be used.
SEC. 79. Drainage.—
- 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.
- 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.
SEC. 80. Special Precaution for Radioactive Excreta and
Urine of Hospitalized Patient.—
- Patients given high doses of radioactive isotope for therapy
should be given toilet facilities separate from those used by
"non-radioactive" patients.
- 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
SEC. 81. Definition of Terms.—As used
in this Chapter, refuse is an inclusive term for all solid waste
products consisting of garbage, rabbish, ashes, night soil, manure, dead
animate, street sweepings and industrial wastes.
SEC. 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.
SEC. 83. Additional Requirements.—
- Occupants of buildings and residences shall provide a sufficient
number of receptacles for refuse. Re fuse in receptacles shall be
protected against vermin and other animals.
- 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.
- 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.
- 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.
- 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
SEC. 84. Definitions of Terms.—As used in this
Chapter, the following terms shall mean and include:
- Nuisance.—Anything that injures health, endangers life,
offends the senses or produces discomfort to the community.
- Offensive trades or occupations.—These are the following :
- Soap boiling;
- Guts cleaning;
- Coiling of offal, bones, fat or lard;[*]
- Manufacturing of glue or fertilizer;
- Skin curing;
- Scrap processing;
- Manure storing;
- Lime burning;
- Lye making; and
- Any manufacturing process in which lead, arsenic, mercury,
phosphorous, or other poisonous substance is used. [*]
SEC. 85. Types of Nuisances.—For the purpose of this
Chapter, the following shall be considered nuisances:
- Public or private premises maintained and used in a manner
injurious to health;
- Breeding places and harborages of vermin;
- Animals and their carcasses which are injurious to health;
- Accumulation of refuse;
- Noxious matter or waste water discharged improperly in streets;
- Animal stockage maintained in a manner injurious to health;
- Excessive noise; and
- Illegal shanties in public or private properties.
SEC. 86. Responsibilities of Owners, Managers or
Operators.—The Owners, managers or operators of establishment
shall:
- Secure a sanitary permit from the local health authority
before establishing and operating their business or trade;
- Remove daily all injurious by-products and wastes;
- Prevent the escape of industrial impurities and adopt
methods to render them innocuous;
- Maintain working establishments and their premises clean and
sanitary at all times;
- Store all materials properly to prevent emission of noxious or
injurious effluvia.
CHAPTER XX.—POLLUTION OF THE ENVIRONMENT
SEC. 87. General Provisions.—For the purpose of
this Chapter, the provisions of Republic Act No. 3931, the rules and
regulations of the National Water and Air 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.
SEC. 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:
- Pollution of pesticides and heavy metals;
- Pollution of food caused by chemicals, biological agents,
radioactive materials, and excessive or improper use of food
additives;
- Non-ionizing radiation caused by electronic products such as
laser beams or microwaves;
- Noise pollution caused by industry, land and air transport and
building construction;
- Biological pollutants including the causative agents of
intestinal infections;
- Pollution of agricultural products through the use of chemical
fertilizers and plant pesticides containing toxic chemical substances
and unsanitary agricultural practices; and
- Any other type of pollution which is not covered by the
provisions of Republic Act 3931, the Rules and Regulations of the
National Water and Air 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
SEC. 89. Definition.—As used in this
Chapter, the following terms shall mean:
- Burial grounds—cemetery, memorial park of any place duly
authorized by law for permanent disposal of the dead.
- Embalming—preparing, disinfecting and preserving a dead body
for its final disposal.
- Embalmer—a person who practices embalming.
- Undertaking—the care, transport and disposal of the body of a
deceased person by any means other than embalming.
- Undertaker—person who practices undertaking.
- Funeral establishment—any place used in the preparation and care
of the body of a deceased person for burial.
- Remains—the body of a dead person.
- Burial—Interment of remains in a grave, tomb or the sea.
- Disinterment—the removal or exhumation of remains from places of
interment.
SEC. 90. Burial Grounds Requirements.—the following
requirements shall be applied and enforced:
- 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.
- 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.
- 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.
SEC. 91. Burial Requirements.—The burial of remains
is subject to the following requirements:
- 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.
- Shipment of remains abroad shall be governed by the rules
and regulations of the Bureau of Quarantine.
- Graves where remains are buried shall be at least one and
one-half meters deep and filled well and firmly.
- 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 de ceased had no kin, the cost shall be borne by the city or
municipal government.
- The burial of remains in city or municipal burial grounds shall
not be prohibited on account of race, nationality, religion
or political persuasion.
- 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.
- 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.
- 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.
SEC. 92. Disinterment Requirements.—Disinterment of
remains is subject to the following requirements:
- Permission to disinter remains of persons who died of
non-dangerous communicable diseases may be granted after a burial
period of three years.
- Permission to disinter remains of persons who died of
dangerous communicable diseases may be granted after a burial period of
five years.
- 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.
- In all cases of disinterment, the remains shall be disinfected
and placed in a durable and sealed container prior to their
final disposal.
SEC. 93. Funeral and Embalming Establishments.—
These establishments are subject to the following requirements:
- Scope of inclusion—for the purposes of this Section,
requirements prescribed herein shall be applied and enforced
to funeral chapels, embalming establishments and morgues.
- Sanitary permit—No establishment mentioned in the preceding
paragraph shall be operated with out 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.
- Classification—Funeral establishment shall be
classified in three (3) categories which are described as follows:
- Category I.—Establishments with chapels, and embalming
facilities and offering funeral services.
- Category II.—Establishments with chapels and offering
funeral services but without embalming facilities.
- Category III.—Establishments offering only funeral
services from the house of the deceased to the burial ground.
- Sanitary requirements—
For funeral chapels.—The requirements prescribed for places of
public assembly in this Code shall be applied.
For embalming and dressing rooms.—
- They should be constructed of concrete or semi- concrete
materials with sufficient space to accommodate five bodies at
one time.
- The floors and walls shall be made of concrete or other
durable impervious materials.
- Ventilation and lighting should be adequately provided.
- 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.
- Embalming and assistants shall use rubber gloves
when working.
- Washing facilities with soaps, detergents and germicidal
solutions shall be provided for use of the working personnel.
SEC. 94. Licensing and Registration Procedures.—The
licensing and registration of undertakers and embalmers are subject to
the following requirements:
- Issuance of license to practice—
- Any person who desires to practice undertaking or embalming
shall be licensed to practice only after passing an examination
conducted by the Department.
- Licensed undertakers or embalmers shall practice undertaking
or embalming in accordance with requirements prescribed by the
Department
- Licensed undertakers or embalmers shall display their
licenses conspicuously in the establishments where they work.
- Issuance of certificates of registration—
- 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.
- 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.
- Certificates of registration shall be posed conspicuously in
establishments concerned.
- Exemption—Government and private physicians may perform
embalming without license and registration certificates as exigencies
require.
SEC. 95. Autopsy and Dissection of Remains.—The
autopsy and dissections of remains are subject to the following
requirements:
- Persons authorized to perform these are:
- Health officers;
- Medical officers of law enforcement agencies; and
- Members of the medical staff of accredited
hospitals.
- Autopsies shall be performed in the following cases:
- Whenever required by special laws;
- Upon orders of a competent court, a mayor and a provincial
or city fiscal;
- Upon written request of police authorities;
- 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
- Whenever the nearest kin shall request in writing
the authorities concerned to ascertain the cause of death.
- Autopsies may be performed on patients who die in accredited
hospitals subject to the following requirements:
- The Director of the hospital shall notify the next of kin
of the death of the deceased and request permission to perform an
autopsy.
- Autopsy can be performed when the permission is granted or no
objection is raised to such autopsy within 48 hours after death.
- In cases where the deceased has no next of kin, the
permission shall be secured from the local health authority.
- Burial of remains after autopsy—After an autopsy, the remains
shall be interred in accordance with the provisions in this Chapter.
SEC. 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:
- The donation shall 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.
- A married person may make such donation with out the consent of
his spouse.
- 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.
- If the deceased has no next of kin and his remains are in the
custody of an accredited hospitals, 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.
- 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.
- 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.
SEC. 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.
SEC.
98. Special Precautions for Safe Handling of Cadavers Containing
Radioactive Isotopes.—
- Cadavers containing only traces (very small dose) of
radioactive isotope do not require any special handling precautions.
- Cadavers containing large amounts of radioactive isotopes should
be labeled properly identifying the type and amount of radioactive
isotopes present and the date of its administration.
- 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.
- 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.
- Cremation—If cremation is performed without autopsy,
there is no handling problem; other wise, 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.
SEC. 99. Responsibility of the Regional Director.—The
Regional Director shall:
- Act on applications for the establishment of burial grounds; and
- Close any burial ground which is a menace to public health.
SEC. 100. Responsibility of the Local Health
Authority.—The local health authority shall:
- Administer city or municipal cemeteries;
- Issue permits to inter, disinter or transfer remains;
- Apply prescribed measures when cause of death is due to a
dangerous communicable disease.
- Keep records of death occurring within his area of jurisdiction;
and
- Authorize the delivery 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.
SEC. 101. Responsibility of Local Government.—Local
governments shall:
- Reserve appropriate tracts of land under their jurisdiction,
for cemeteries subject to approval of Regional Directors concerned;
- Utilize judiciously grants, gifts, bequests of property or
financial donations for the establishment or improvement of cemeteries;
and
- Close cemeteries under their jurisdiction subject to approval of
the Regional Director.
SEC. 102. Penal Provisions.—
- The Secretary or his duly authorized representative may revoke
or suspend the license of an undertaker or embalmer who violates any
provisions of this Chapter or the rules and regulations promulgated by
the Secretary under this Chapter.
- 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.
- 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
SEC. 103.—Penal Provisions.—
- 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.
- 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.
SEC. 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.
SEC. 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.
SEC. 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.