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PD 856: Code on Sanitation of the Philippines

by Administrator
The Lawphil Project - Arellano Law Foundation
PRESIDENTIAL DECREES No. 856 December 23, 1975

Malacañang
M a n i l a
PRESIDENTIAL DECREE No. 856 December 23, 1975

CODE ON SANITATION

WHEREAS, the health of the people, being of paramount importance, all efforts of public services should be directed towards the protection and promotion of health; and

WHEREAS, with the advance in the field of sanitation in recent years, there arises the need for updating and codifying our scattered sanitary laws to ensure that they are in keeping with modern standards of sanitation and provide a handy reference and guide for their enforcement;

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 1
GENERAL PROVISIONS

Section 1. Title The title of this Code is "Code on Sanitation of the Philippines".

Section 2. Definition of Terms Whenever any of the following words or terms is used herein or in any rule or regulation issued under this Code, it shall have the meaning given it in this section, as follows:

(a) Code Code on Sanitation of the Philippines.

(b) Department The Department of Health.

(c) Secretary The Secretary of Health.

(d) Regional Director an official who heads a Regional Health Office.

(e) Local Health Authority an official or employee responsible for the application of a prescribed health measure in a local political subdivision.

(f) Health Officer Provincial, City or Municipal Health Officer.

(g) Engineer A Sanitary Engineer.

(h) Section any section of this code unless the term refers to other statutes which are specifically mentioned.

Section 3. Functions of the Department of Health The Department shall have the following powers and functions:

(a) Undertake the promotion and preservation of the health of the people and raise the health standards of individuals and communities throughout the Philippines;

(b) Extend maximum health services to the people in rural areas and provide medical care to those who cannot afford it by reason of poverty;

(c) Develop, administer and coordinate various health activities and services which shall include public health, preventive, curative and rehabilitative programs, medical care, health and medical education services;

(d) Upgrade the standards of medical practice, the quality of health services and programs to assure the people of better health services;

(e) Assist local health agencies in developing public health programs including medical care, and promote medical and public health research;

(f) Issue permits to establish and operate government and private hospitals, clinics, dispensaries, schools of nursing, midwifery, and other para-medical course, puericulture centers, clinical laboratories and blood banks;

(g) Prescribe standard rates of fees for health, medical, laboratory, and other public health services; and

(h) Performs such other functions as may be provided by law.

Section 4. Authority of the Secretary In addition to the powers and authority of the Secretary which are provided by law, he is likewise empowered to promulgate rules and regulations for the proper implementation and enforcement of the provisions of this Code.

Section 5. Authority of the Bureau of Directors The Bureau Directors shall be responsible for staff activities involving the development of plans, programs, operating standards and management techniques in their respective field of assignment.

Section 6. Authority of the Regional Directors The Regional Directors shall administer health functions in their regions, implement policies, standards and programs involving health services; and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code.

Section 7. Authority of the Health Officers The health officers shall administer health functions in areas under their jurisdiction and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code.

Section 8. Miscellaneous Provisions

(a) International treaties, agreements and conventions The Republic of the Philippines recognizes international treaties, agreements and conventions on public health. Their provisions may be considered parts of this Code provided they do not contravene the Constitution, existing laws or any provision of this Code.

(b) Rights and proceedings Any proceeding which has commenced or any right which has accrued upon the effectivity of this Code shall not be affected by any of its provisions. However, matters of procedure and rights arising after the date of effectivity of this Code shall conform to the provisions hereof.

(c) Delegation of power and assignment of duty Whenever a power is granted or a duty is assigned to any public health officer in this Code, the power may be exercised by a deputy or agent of the official pursuant to law, unless it is expressly provided otherwise in this Code.

(d) Language required Any notice, report, statement or record required or authorized by this Code, shall be written in English or Pilipino.

(e) Mailing of notices Unless otherwise expressly provided, any notice required to be sent to any person by any provision of this Code, shall be sent through the postal service. The affidavit of the official or employee who mailed the notice is prima facie evidence that the notice was sent as prescribed herein.

(f) Condemnation and seizure of property When any property is officially condemned or seized by government authorities in the interest of public health, the owner thereof shall not be entitled to compensation.

(g) Command responsibility When a duty is expressly vested in a health officer as provided in this Code, it shall be understood that it shall likewise be the concern of the superiors of the health office under the principle of command responsibility.

CHAPTER II
WATER SUPPLY

Section 9. Prescribed Standards and procedures

Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation of results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be in accordance with procedures prescribed by the Department.

Section 10. Jurisdiction of the Department

The approval of the Secretary or that of his duly authorized representative is required in the following cases:

(a) Sites of water sources before their construction;

(b) Delivery of water to consumers from new or recently repaired water systems;

(c) Operation of a water system after an order of closure was issued by the Department;

(d) Plans and specifications of water systems of subdivisions and projects prior to the construction of housing units thereat; and

(e) Certification of potability of drinking water.

Section 11. Types of Water Examinations Required

The following examinations are required for drinking water:

(a) Initial examination The physical, chemical and bacteriological examinations of water from newly constructed systems or sources are required before they are operated and opened for public use. Examination of water for possible radio-active contamination should also be done initially.

(b) Periodic examination Water from existing sources is subject to bacteriological examination as often as possible but the interval shall not be longer than six months, while general systematic chemical examination shall be conducted every 12 months or oftener. Examination of water sources shall be conducted yearly for possible radioactive contamination.

Section 12. Examining Laboratories and Submission of Water Samples

The examination of drinking water shall be performed only in private or government laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited laboratories water samples for examination in a manner and at such intervals prescribed by the Department.

Section 13. Other Protective Measures

To protect drinking water from contamination, the following measures shall be observed:

(a) Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited.

(b) No artesians, deep or shallow well shall be constructed within 25 meters from any source of pollution.

(c) No radioactive sources or materials shall be stored within a radius of 25 meters from any well or source of drinking water unless the radioactive source is adequately and safely enclosed by proper shielding.

(d) No person charged with the management of a public water supply system shall permit any physical connection between its distribution system and that of any other water supply, unless the latter is regularly examined as to its quality by those incharge of the public supply to which the connection is made and found to be safe and potable.

(e) The installation of booster pump to boost water direct from the water distribution line of a water supply system, where low-water pressure prevails is prohibited.

CHAPTER III
FOOD ESTABLISHMENT

Section 14. Sanitary Permit

(a) No person or entity shall operate a food establishment for public patronage without securing a permit from the local health office. The term "food establishment" as used in this chapter means an establishment where food or drinks are manufactured, processed, stored, sold or served.

(b) Every Sanitary Permit shall be posted in a conspicuous place of the establishment.

(c) Fees The fees payable on application for permits and upon the issuances, renewal and noting of such certificates shall be in such amounts as the City of Municipal Authority may by resolution impose.

(d) Noting of Permit Within 14 days after any change in the ownership or occupancy of any establishment, the new occupant shall apply to the City or Municipal Health Officer to have such change noted in the records and on the permit certificate which he shall produce for the purpose and shall pay the corresponding fee in respect of such noting.

(e) Record of Permit Certificates

1. Every City or Municipality shall keep a record of all establishments in respect of which permits have been issued and of all permit certificates and renewals thereof.

(f) The record shall in every case show the following:

i. The name and address of the holder of the permit who in every case shall be the actual occupier of the establishment;

ii. The location of the establishment;

iii. The purpose or purposes for which the permit has been issued;

iv. The date the first permit was issued and the dates of any renewal thereof;

v. Every change of occupation and management of the establishment since the first permit was issued; and

vi. Conditions under which the permit was issued or any renewal thereof granted.

The record shall be available at all reasonable times for inspection by any officer of the Department of Health.

Section 15. Health Certificates

No person shall be employed in any food establishment without a Health Certificate issued by the local health authority. This certificate shall be issued only after the required physical and medical examinations are performed and immunizations are administered at prescribed intervals.

Section 16. Quality and Protection of Food All food must be obtained from sources approved by the local health authority. In this regard, the following requirements are applicable:

(a) Meats, meat products and fish shall be procured from sources under sanitary or veterinary supervision.

(b) All meat and fish shall be properly cooked before serving.

(c) No meat products, fish, vegetables and other food sources shall be procured from sources or areas known to have been affected by radioactivity as for example, areas contaminated with a very large amount of radioactive fallout.

(d) Milk and fluid milk products shall be obtained from sources approved by the local health authority. Milk obtained from other sources must be sterilized, pasteurized or otherwise heated.

(e) Milk shall be stored in a refrigerator. Canned or package milk, other than dry milk powders, shall be refrigerated after the container has been opened.

(f) All perishable and potentially hazardous foods shall be stored at 45_F (7_C) or below.

Cooked food intended 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.

Section 17. Structural Requirements Food establishments shall be constructed in accordance with the following requirements:

1. No person shall use any room or place for or in connection with the preparation, storage, handling or sale of any article of food

(a) Which is at anytime used or in direct communication with a sleeping apartment or toilet;

(b) In which any animal is kept; or

(c) Which is or has been used for any purpose which would be likely to contaminate the food or to affect injuriously its wholesomeness or cleanliness; or

(d) Which is not used exclusively for the purpose; Provided, That in department stores or multi-purpose business establishments, food may be manufactured, prepared, cooked, stored, or sold only in the area set aside exclusively for said purpose and for which a sanitary permit has been issued.

2. No sanitary permit shall be issued for any premises to be used for the preparation, handling and sale of food unless it is constructed in accordance with the following requirements:

(a) FLOORS The Floors shall be

i. Constructed of concrete or other impervious and easily cleaned material that is resistant to wear and corrosion and shall be adequately graded and drained; all angles between the floors and walls shall be rounded off to a height of not less than 3 inches (7.62 cm.) from the floor; or

ii. Constructed of wood with dovetailed or tongue and grooved floor boards laid on a firm foundation and tightly clamped together with all angles between the floor and walls rounded off to a height of 3 inches (7.62 cm.); or

iii. Constructed in accordance with the requirements of sub-clause (i) and (ii) of this clause and covered with linoleum, smooth surfaced rubber or similar material fixed to the floor with cement or suitable adhesive: Provided, That with the approval in writing of the local authority, floors may be covered with carpets or other floor covering in those parts of the premises where such carpets or coverings can be satisfactorily cleaned and maintained.

(b) WALLS

i. The internal surface of walls shall have a smooth, even, non-absorbent surface capable of being readily cleaned without damage to the surface and constructed of dust-proof materials;

ii. The walls, where subject to wetting or splashing, shall be constructed of impervious, non-absorbent materials to a height of not less than 79 inches (2 meters) from the floor;

iii. The internal walls shall be painted in light colors or treated with such other wall finish as the health authority may prescribe.

(c) CEILINGS

i. All ceilings or, if no ceiling is provided, the entire under-surface of the roof shall be dust-proof and washable.

ii. The ceiling or undersurface of the roof of rooms in which food is prepared or packed or in which utensils or hands are washed shall be smooth, non-absorbent and light.

(d) LIGHTING

i. The general standards of illumination provided shall permit effective inspection and cleaning and shall be of sufficient intensity appropriate to the purpose for which any room or place is used;

ii. In rooms where food is prepared or packed or in which utensils or hands are washed there shall be a minimum illumination intensity of 20 foot-candles; in premises where food is consumed, there shall be a minimum illumination intensity of 5 foot-candles. Intensities of illumination shall be measured at a point 30 inches (76.20 cm.) above the floor;

iii. All lighting shall be reasonably free from glare and distributed so as to avoid shadows;

iv. At other areas or working surfaces, the illumination shall be of such intensity as may be required by the health authority.

(e) VENTILATION

i. Ventilation shall be provided which shall be effective and suitable to maintain comfortable condition;

ii. 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 odors, fumes and impurities;

iii. 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;

iv. Canopies, air ducts, fans or other appliances shall be provided as required by the health authority in particular circumstances;

v. Effective provision shall be made for securing and maintaining a reasonable temperature;

(f) OVERCROWDING

There shall be sufficient floor space to enable every person working thereon to carry out his duties efficiently and to permit easy access for cleaning. Working spaces, 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.

(g) CHANGEROOMS

1. There shall be provided adequate and suitable lockers or other facilities for the orderly storage of clothing and personal belongings of employees or persons engaged or employed in the premises. Such facilities shall be so situated and arranged so that there is no contamination of food by contact with clothing, and where the number of persons engaged or employed is four or more of either sex, there shall be provided separate changing rooms for each sex.

(h) WASH-HAND BASINS

i. Wash-hand basins shall be installed in convenient places and as near as practicable to where the person for whose use they are provided are working while handling food for sale or in such locations as may be otherwise prescribed in any particular case.

ii. If required in writing by the local health authority an additional wash-hand basin shall be installed as near as practicable to the toilet facilities: Provided, that the wash-hand basins specified in this Code need not be installed in premises where only food in sealed containers is sold: and, Provided, further, that wash-hand basins specified in this regulation shall be installed under specifications of the National Plumbing Code of the Philippines.

(i) WASH-HAND BASIN MAINTENANCE

i. An adequate supply of soap, clean towels, roller towels presenting a clean surface to each user from a continuous roller towel dispenser or other hand drying services approved by health authorities.

ii. The wash-hand basin and all hand washing facilities shall, at all times, be maintained in good repair and in a clean condition.

iii. All wash-hand basins shall, at all times, while the premises are being used, be supplied with hot and cold or tempered running water at a minimum temperature of 100_F (37.8_C).

Section 18. Use of Food-Service Spaces

(a) Food-service spaces shall not be used as living or sleeping quarters.

(b) Clothing or personal effects shall be kept in lockers or in designated places away from food service spaces.

(c) No animal or live fowls shall be allowed in such spaces.

(d) Persons not directly connected with food preparation and serving shall not be allowed to stay in food-serving spaces.

(e)Foods in storage or in preparation must not be handled by anyone other than the preparation and serving staff.

Section 19. Food Handlers

(a) No person shall be employed in any food establishment without a health certificate issued by the local health authority.

(b) Food handlers shall at all times:

i. Wear clean working garments. The Cook shall wear prescribed caps and female employees caps or hairnets.

ii. Observe good personal hygiene.

iii. Wash their hands thoroughly with soap and water and dry them with a clean or disposable towel or a suitable hand-drying device immediately before working, or after visiting the toilet.

Section 20. Vermin Control

Vermin A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice, and rats which are vectors of diseases.

(a) Spaces where food and drinks are stored, prepared and served shall be so constructed and maintained as to exclude vermin.

(b) All opening which connects spaces to the outer air shall be effectively protected with screen of non-corrosive wire 16-mesh or finer. Door screens shall be tight-fitting.

(c) A vermin abatement program shall be maintained in the establishments by their owners, operators, or administrators. If they fail, neglect or refuse to maintain a vermin abatement programs, the local health agency will undertake the work at their expense.

(d) During deratting or disinfecting operations, all foodstuffs, utensils, food preparation and cleaning equipment shall be covered to protect them from toxic chemical substances.

(e) Vermin control in public places shall be the responsibility of the provincial, city or municipal governments which have jurisdiction over them.

(f) The procedure and frequency of vermin abatement program shall be determined and approved by the local health authority.

Section 21. Toilet and Washing Facilities

(a) Adequate and clean toilet facilities for male and female customers and personnel shall be provided in properly located areas.

(b) Toilet rooms shall not open directly into spaces where food is prepared, stored or served. Where such toilets exist, the doors shall be tight fitting and self-closing.

(c) Adequate hand-washing facilities shall be provided within or adjacent to toilet room.

(d) Facilities shall include hot and cold running water, single-service paper or cloth towel dispenser or drying device and soap or detergent.

Section 22. Disposal of Refuse

(a) Refuse cans may be used in food-preparation areas for immediate use only.

(b) Storage refuse cans, filled and empty, shall be in a designated space separate from food-handling operations.

(c) These cans shall be constructed and maintained as to be vermin-proof and easily cleaned.

(d) Cans containing refuse shall be tightly covered at all times, except during actual use in food-handling areas.

(e) Holding bins may likewise be used, provided they are constructed of impervious, readily-cleaned materials, and fitted with tight-fitting covers.

(f) Where refuse cans are used, a space separated from the food-handling spaces and adjacent to the refuse-can storage space shall be provided for cleaning them. This space shall be equipped with scrubbing-brushes, cleansing agents, steam or hot water under pressure, and a hose fitted with adjustable nozzle.

Section 23. Equipment and Utensils

(a) They shall be so designed, fabricated and installed so that cleaning is easy and they do not pose health hazards.

(b) Lead-soldered containers and cadium-lined piping and fixtures shall not be used.

(c) Surfaces that come into contact with food or drinks shall be constructed of materials that are impervious, corrosion-resistant, non-toxic, easily cleanable, durable and resistant to chipping.

(d) Sliding doors on cabinets shall be easily cleanable and removable. Runners shall be allotted at the ends to permit removal of dust and debris. The bottom shelves of open-based fixtures shall be removable to facilitate inspection, cleaning and maintenance.

Section 24. Washing of Utensils

(a) They shall be scraped and pre-rinsed to remove food articles.

(b) They shall be thoroughly cleansed in warm water at 120_F (49_C) with soap or detergent.

(c) If running water is not used, the wash-water shall be changed frequently.

Section 25. Bactericidal Treatment

Eating and drinking utensils and equipment, after thoroughly cleaned, shall be subjected to one of the following bactericidal treatments:

(a) Immersion for at least half a minute in clean hot water at a temperature of at least 170_F (77_C);

(b) Immersion for at least one minute in a lukewarm chlorine solution 50 ppm;

(c) 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;

(d) Exposure in an oven or hot-air cabinet at a temperature of at least 180_F (82_C) for at least 20 minutes; or

(e) Any other method approved by the local health authority.

Section 26. Handling of Washed Utensils

(a) Washed utensils shall be allowed to drain dry in wire racks without use of drying cloths, or shall be stored in a self-draining position to permit ready air-drying.

(b) The drying cloth on which to store dishes and utensils temporarily after bactericidal treatment should be clean and changed frequently.

Section 27. Storage of Washed Utensils

(a) They shall be stored in a clean and dry place adequately protected against vermin and other sources of contamination.

(b) Cups, bowls, and glasses, shall be inverted for storage.

(c) When not stored in closed cupboards or lockers, utensils and containers shall be covered or inverted whenever practicable. Utensils shall not be stored on the bottom shelves of open cabinets below the working top level.

(d) Racks, trays and shelves shall be made of materials that are impervious, corrosion-resistant, non-toxic, smooth, durable and resistant to chipping.

(e) Drawers shall be made of the same materials and kept clean. Felt-line drawers are not acceptable, but the use of clean and removable towels for lining drawers is acceptable.

Section 28. Dry Storage of Non-Perishable Foods

Non-perishable foods shall be stored in the following manner:

(a) Designated spaces, lockers, cupboards, racks, shelves and containers shall be used for storage.

(b) All spaces, lockers and cupboard shall be constructed of materials of the same quality as used for food-preparation and food-serving operations. Containers shall be made of metal fitted with tight covers.

(c) The recommended temperature range for dry stores is 50-60_C (10-15_C) except where dry foods for immediate use are stored in the preparation and servicing spaces.

Section 29. Refrigerated Storage of Perishable Foods

Perishable foods shall be stored in the following manner:

(a) They shall be kept at or below 45_F (7_C) except during preparation or when held for immediate serving after preparation.

(b) When such foods are to be stored for extended periods, a temperature of 40_F (40_C) is recommended.

(c) Fruits and vegetables shall be stored in cool rooms.

(d) Recommended temperatures for perishable food storage are:

1. Frozen foods; not more than 10_F (2_C)

2. Meat and fish: 32-38_F (0-3_C)

3. Milk and milk products: 40-45_F (5-7_C)

4. Fruits and vegetables: 44-50_F (7-10_C)

(e) All refrigerating compartments and refrigerators must be kept clean, in good repair and free from odours. They shall be provided with thermometers with scale divisions not larger than 2_F (1_C). Sufficient shelving shall be provided to prevent stocking and to permit adequate ventilation and cleaning.

Section 30. Food Servicing Operations

These operations should be in accordance with the following requirements:

(a) Hand contacts with food or drink shall be avoided; fingers shall not be used to serve butter, ice, or similar items of food. Sugar shall be served in covered dispensers or containers, or in packages wrapped for single service.

(b) The surfaces of containers and utensils, including glasses and tablewares, which come in contact with food and drink shall not be handled.

(c) Disposable cups, plates, spoons and other single-service containers and utensils shall be purchased in sanitary cartons and stored in a clean, dry place until used. These articles shall be so handled on removal from the carton that the hand does not touch the surface which will be in contact with food or drink.

(d) Clean cloths, napkins, spoons, towels, and other cloth equipment shall be stored in clean places designated specifically for them. Soiled linens, including towels, aprons, and coats, shall be stored in a closed bin or locker, suitably marked.

(e) Spoons, spatulas, dippers and scopps 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.

Section 31. Evaluation of Food Establishment It shall be the duty of the Provincial, Municipal or City Health Officer to cause an inspection and evaluation of every food establishment requiring a permit for its operations, at least every six months and shall cause as many additional inspections and re-inspections and evaluation to be made as are necessary for the enforcement of the provision of this Chapter.

During the inspection or evaluation carried out at least every six months, the inspector shall record his findings on an inspection form provided for the purpose and shall furnish the original of such report to the holder of sanitary permit, the manager or occupier of the premises. Demerits entered in the appropriate column inspection forms shall indicate that the item does not, in the opinion of the inspector, comply with the requirements of this regulation. Within 48 hours of the inspection or evaluation, the original of the inspection report shall be furnished the holder of the permit certificate, the manager or occupier of the food establishment. Whenever an inspection form issued indicates non-compliance items relating to any particular type of premises, the inspector shall notify the holder of the sanitary permit, the manager or occupier of the correction to be made and indicate a reasonable period for its compliance. If upon re-inspection after the deadline the inspector finds the correction has not been effected he shall forthwith report to the Health Officer and the Health Officer shall revoke the sanitary permit. A copy of the inspection form and any notices served shall, in all cases, be filed and kept by the local health authority and be available at all reasonable time for inspection by an officer of the Department of Health.

(a) SERVICE OF NOTICE Whenever an inspection or evaluation report form indicates non-complying items, the Health Officer of the Province, Municipality or City may cause to be served on the holder of the permit, the manager or occupier a notice requiring him, within the time stated in the notice, to take such remedial action as may be specified therein. In the event within the time stated in the notice, hereinafter called the first notice, the terms of the first notice are not complied with, the Health Officer may cause to be served on the holder of the permit, the manager or occupier a second notice calling on him to show cause, at a time and place stated in the notice, why the permit issued in respect of the food establishment should not be revoked.

(b) REVOCATION OF PERMITS After prior notice and hearing as provided above, the Health Officer, if satisfied that the terms of the two notices have not been complied with or that the failure to comply therewith is not excusable, shall revoke the said permit.

(c) SUMMARY SUSPENSION OF PERMITS Whenever the Provincial, Municipal or City Health Officer finds unsanitary or unhealthy conditions in the operation of a food establishment which in his judgment constitute a substantial hazard to the public health, the Health Officer may order the immediate suspension of the permit. Any person to whom such an order is issued written petition shall be afforded a hearing as soon as possible.

(d) APPEALS The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from, which decision shall be final.

(e) PROTECTION OF FOOD Notwithstanding the other provisions of this regulation relating to the issuance of permits, every person who is engaged in the sale of food or in the manufacture, preparation, storage, packing or delivery of food for sale protect such food from contamination.

(f) POWER OF ENTRY Any Sanitary Inspector or duly authorized officer of the Department of Health or of the Provincial, Municipal or City Health Officer, upon presentation of proper credentials may at all reasonable times enter any premises engaged in the manufacture, preparation or packing of any article of food for sale or any premises used for any of the purposes referred to in this Code for the purpose of inspection or any other action necessary for administration of this Code.

Section 32. Special Provisions

(a) Groceries or "Sari-Sari" Stores

1. No grocery or sari-sari store shall be established within a distance of 25 meters from any source of contamination.

2. All foods which require no further cooking before they are eaten shall be protected from contamination while in countries or showcases.

(b) Bakeries.

1. Delivery trucks and carts of bakery products shall always be kept clean and sanitary.

(c) Dairies

1. No dairy shall keep unhealthy or infected cows, carabaos or goats for the production of milk, or feed them unwholesome food which produces impure or unwholesome milk.

2. No animals used for the production of milk shall be allowed to graze on land which has been contaminated by radioactivity.

3. No dairy shall sell unwholesome milk that has not been previously pasteurized or otherwise sterilized.

(d) Ice Plants

1. Only potable water shall be used in the manufacture of ice.

2. In storing and transporting ice intended for public consumption, precautionary measures shall be taken to protect the ice from sources of contamination.

(e) Ambulant Food Vendors

1. These vendors shall sell only bottled food drinks, biscuits and confectionaries.

2. It is prohibited for food vendors to sell food that requires the use of utensils.

(f) Oyster Beds

1. Oysters shall be planted and grown only in areas approved by the Secretary or his duly authorized representatives and in places duly licensed by the Bureau of Fisheries and Aquatic Resources.

2. Oysters offered for sale, if not originating from approved areas, shall be confiscated and destroyed by the local health authority.

(g) Fish Marketing Areas

1. Only fresh and wholesome fish products shall be sold.

2. Fish caught in radioactive zones as well as in areas contaminated by toxic substances or high in mercury count as determined by the health authorities shall be condemned and not be allowed for public consumption.

3. The selling, distribution and buying of fish caught through the use of explosives and chemicals are prohibited.

Section 33. Responsibility of the Local Health Authority The local health authority shall:

(a) Make periodic inspections to enforce the maintenance of adequate sanitation in food establishments and their premises;

(b) Take samples of food and drink from any establishments or vendor as often as necessary to determine if there are unwholesome, adulterated, or contaminated by radioactivity;

(c) Prevent the sale or condemn and destroy food and drinks if these are found unfit for human consumption;

(d) Seal and prohibit the use of devices, utensils, containers, vehicles, machines, piping and appurtenances if in his opinion they are unsanitary; and

(e) Enforce the provisions of this Chapter and the rules and regulations promulgated by the Secretary.

CHAPTER IV
MARKETS AND ABATTOIRS

Section 34. Prescribed Standards of Construction The construction of markets and abattoirs shall conform to standards prescribed by the Department. These standards shall be set along the following guidelines:

1. Suitability of site insofar as elimination of nuisance condition and prevention of contamination are concerned;

2. Availability of ample water supply for cleaning;

3. Accessibility of adequate drainage facilities;

4. Durability of construction to protect vendors and customers from any hazard and exposure to the elements; and

5. Facilities for sanitation maintenance, such as cleaning and elimination of harborages of vermin.

Section 35. Responsibility of the Local Health Authority

(a) On Markets

1. Make periodic inspections to ascertain the maintenance of adequate sanitary conditions of markets and their premises;

2. Supervise and control the proper care and use of market stalls;

3. Prohibit the construction of living quarters within any market and its premises;

4. Enforce the ban on construction of partitions, sheds or booths within the market area.

(b) On Abattoirs

1. Supervise the maintenance of adequate sanitation in abattoirs and their premises;

2. Enforce the requirements on the examination of meat as provided in existing laws;

3. Permit the slaughter of animals for public consumption in other designated areas in certain exigencies, provided public health is adequately protected;

4. Supervise the sanitary disposal of all abattoir wastes; and

5. Ensure that only healthy animals shall be slaughtered, and that the method of slaughtering, the techniques of dressing and the storing, handling and transporting procedures are in accordance with prescribed standards.

Section 36. Responsibility of Local Governments and Private Operators Local governments and private operators in charge of public or private markets and abattoirs shall employ an adequate number of personnel to ensure their efficient operation and hygienic maintenance. These employees shall be under the direct supervision of the local health authority.

CHAPTER V
PUBLIC LAUNDRY

Section 37. Sanitary Permit No public laundry shall operate without a sanitary permit from the Secretary or his duly authorized representative. As used in this Chapter, a public laundry is a laundry established and operated for commercial purposes, open to the public, and not to an exclusive clientele.

Section 38. General Requirements The construction and operation of a public laundry shall be governed by the following requirements:

(a) Structural Requirements

1. The site should be distant from sources of nuisance.

2. Only durable construction materials shall be used.

3. Smooth and water-tight materials shall be used for flooring.

4. All work rooms shall be properly ventilated and provided with 10 foot-candles of lighting.

5. Adequate drying facilities shall be provided and articles for drying protected from sources of contamination.

(b) Sanitary Requirements

1. Laundry supplies in both liquid and solid state shall be properly stored, prepared and handled. Containers of chemical shall be properly labeled.

2. Employees shall be provided with potable drinking water, toilets, bathing and washing facilities.

3. Employees shall be provided with lockers for their working garments and street cloths.

4. The plant and its premises and equipment shall be maintained clean and sanitary at all times.

Section 39. Special Requirements The following requirements shall be enforced:

(a) All articles to be laundered coming from hospitals and infected sources shall be treated by exposure to a sufficient quantity of hot water detergents or by other effective means of disinfection.

(b) All linen, bed clothes, pajamas, towels, bedsheets, pillow cases, etc. that have come in contact with any form of radioactivity should be isolated in a certain area and monitored by Radiation Safety personnel before sending these articles for laundry. If any amount of radioactive contamination is found, the affected article should be set aside and the radioactivity allowed to completely decay before said article is sent for laundry.

(c) All articles for delivery to the laundry shall be kept in containers which shall be kept closed until the articles are removed at the laundry.

(d) Laundry vehicles shall be kept clean and sanitary at all times.

(e) A separate room shall be used solely for receiving, sorting, marking or handling unwashed articles.

(f) Diapers must be protected from pathogenic organisms and from chemical substances which are irritating to the skin of the infant. Laundered diapers for delivery shall be packed in sealed sanitary containers.

CHAPTER VI
SCHOOL SANITATION AND HEALTH SERVICES

Section 40. Definition of Terms As used in this Chapter, the following terms shall mean:

(a) School An institution of learning which may be public, private or parochial.

(b) Special School A school which utilizes cadavers, plants, animals, bacterial and viral cultures for studies and research.

(c) Physical Environments The school plant, grounds and facilities.

(d) Emotional Environment Factors which affect the emotional health of students and members of the faculty.

Section 41. The Physical Environment In the design and construction of the school plant, the following factors shall be considered:

(a) Site Traffic hazards are to be avoided but not to the point of sacrificing accessibility to public transportation. It shall be distant from sources of nuisances.

(b) Grounds The acreage shall be large enough to permit playgrounds, athletic fields and school gardens.

(c) Building Preferably it shall be constructed of strong and durable materials and designed along functional lines. For the prevention of fire hazards, the requirements of the local fire department shall be observed. Sufficient ventilation shall be provided. Wall and ceiling finishes should be chosen so as to give optimum lighting with minimum glare. Artificial lighting with louvered flourescent or incandescent fixture shall be used to supply a minimum lighting of 25 foot-candles in the darkest corner. For flooring, suitable materials shall be used which will give maximum durability without creating a slippery surface.

(d) Sanitary Facilities The school population shall be provided with potable water, sewage and waste disposal systems shall likewise conform to the requirements prescribed in this Code.

Section 42. The Emotional Environment For the promotion of emotional health of the school population the following requirements shall be observed:

(a) Suitable Location The school site shall be located away from disturbances and places which give undesirable influence.

(b) Recreational Facilities The school must have safe and attractive playgrounds and adequate facilities for suitable sports and games.

(c) Rest Rooms Facilities shall be provided where faculty members can rest and get short respite from teaching chores.

Section 43. Health Services Trained personnel and adequate facilities should be available so that students may be afforded the following health services:

(a) Periodic physical and medical examination;

(b) Periodic immunization;

(c) Medical and dental treatment;

(d) Treatment for common emergencies; and

(e) Counselling and guidance.

Section 44. Requirements for Special Schools

(a) Cadavers shall be stored in morgues and dissected in dissecting rooms, all of which shall be constructed and maintained in accordance with standards prescribed by the Department.

(b) Poisonous or harmful plants and animals shall be kept in adequate and a secured areas.

(c) Viral and bacterial cultures shall be kept in laboratories under standard security laboratory measures.

(d) Schools utilizing radioactive materials or sources for study or research should closely conform to the requirements and guidelines given by the Radiation Health Office and the Philippine Atomic Energy Commission concerning radiation protection.

CHAPTER VII
INDUSTRIAL HYGIENE

Section 45. Sanitary Requirements for Operating an Industrial Establishment The following sanitary requirements shall be applicable to industrial establishments:

(a) No person, firm, corporation, or entity shall operate any industrial establishment without first obtaining a sanitary permit from the Secretary or his duly authorized representatives.

(b) Industrial establishments shall be allowed to operate only in places or zones assigned for the kind of industry by existing zoning laws, ordinances, or policies. The local health authority shall determine the suitability of location where no zoning law, ordinance or policy exists.

(c) Adequate potable water supply shall be provided to employees.

(d) Sewage disposal shall be by means of a municipal or city sewerage system whenever possible. If no municipal or city sewerage system exists it shall be done in accordance with the provisions of this Code. Adequate and conveniently located toilet and bath facilities shall be provided for each sex.

(e) All wastes incident to the operation of the industrial plant shall be collected, stored, or disposed of in a manner to prevent health hazards, nuisances, and pollution. Where a city or municipal collection and disposal system exists, it should be utilized.

(f) An abatement program for the control of vermin shall be maintained.

(g) Adequate restrooms and mass halls shall be provided for employees.

(h) All places of employment and all workrooms, including machinery and equipment, shall be kept clean and sanitary.

Section 46. Responsibility of the Secretary The Secretary shall:

(a) Issue a list of maximum concentration of atmospheric contaminants as a guide in appraising health hazards and in evaluating control measures. The term maximum concentration as used in this Chapter means the amount of atmospheric contaminant which can be tolerated by man for continuous daily exposure with no impairment of health or well-being either immediate or after a long period of exposure.

(b) Review the concentration values at regular intervals to amend or alter the list where indicated.

(c) Specify other concentrations of short intermittent duration capable of causing acute impairment of health.

(d) Require control of other contaminants known or believed to be capable of causing impairment of health but not included in the list already issued by the Department.

(e) Prescribe control measures to eliminate transmission of infection disease through processing or handling of industrial products or wastes.

(f) Prescribe illumination standard values and order their review at regular intervals to alter or amend values when indicated.

(g) Promulgate measures to effectively and adequately control any possible radioactivity to which workers may be exposed while on their job.

(h) Promulgate control measures to reduce noise and pollution.

Section 47. Responsibilities of the Employer and Employees The following are the responsibilities of the employer and employees in industrial establishments:

(a) Employer responsibility

1. Provide, install and maintain in good repair all control measures and protective equipment;

2. Inform affected employees regarding the nature of the hazards and the reasons for, and methods of control measures and protective equipment;

3. Make periodical testing of the hearing of all employees in noisy areas of operation;

4. Adopt measures so that the noise produced is within allowable limits so as not to affect neighboring offices, buildings or establishments;

5. Request the Department a permit for variation from the requirements when other means of equivalent protection are provided; and

6. Provide personal protective equipment and/or protective barriers when they are necessary.

(b) Employee responsibility

1. Observe strictly protective control measures which are prescribed; and

2. Use equipment provided them properly.

Section 48. Environmental Provisions The environmental provisions enumerated hereunder for the protection of the health of workers are applicable to all industrial establishments:

(a) Control of atmospheric contaminants

1. Workers shall not be exposed to atmospheric contaminants hazardous to health.

2. Control of atmospheric contaminants shall be accomplished by methods approved by the Secretary or his duly authorized representatives or other government authority.

(b) Control of infectious agents

1. Control measures shall be provided to eliminate or control the transmission of infectious diseases through processing or handling of industrial products or wastes.

(c) Control of possible sources of radiation hazards should be carried out under the supervision of the Radiation Health Officer or his authorized representative.

(d) Noise

Control measures shall be provided to reduce intensity of noise sufficiently to render it harmless to workers and to eliminate it at its source as a nuisance by following the recommendations of the local health or other government authority.

(e) Illumination

1. Adequate lighting shall be provided and distributed in all work areas in amount required for the type of work or seeing tasks measured by a light-meter with a minimum of glare and contrasting intensities between work and workroom.

2. Where the specific task requires more light than provided by general illumination, supplementary lighting shall be supplied.

(f) Ventilation

1. Natural or artificial ventilation shall be provided in all work areas at a rate to insure a safe and healthful working atmosphere, free from injurious amounts of toxic materials and reasonably free from offensive odours and dust throughout the establishment.

2. Proper control measures shall be used to reduce concentration of toxic contaminants to allowable limits.

3. Air inlets shall be arranged, located and equipped to insure 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.

Section 49. Personal Protective Equipment The following requirements shall be applicable for personal protective equipment.

(a) Personal protective equipment and/or protective barriers shall be provided whenever substances, radiations or mechanical irritants are encountered in a manner capable of causing any pathological change or injury or impairment in functions of any part of the body through skin and/or mucous membrane absorption.

(b) Personal protection equipment which shall include respiratory protectors and other accessories shall be fitted to each exposed worker when necessary.

(c) X-ray film badges or pocket desimeters should be worn by workers who, during their course of work are unavoidably exposed to even a small amount of radiation.

(d) Supervisors and employees shall familiarize themselves with the use, proper sanitary care and storage of this equipment.

Section 50. Health Services Medical services shall be provided to all employees in accordance with existing laws and the rules and regulations prescribed by the Department.

CHAPTER VIII
PUBLIC SWIMMING OR BATHING PLACES

Section 51. Sanitary Permit No public swimming and bathing places shall be operated for public use without a sanitary permit issued by the Secretary or his duly authorized representative.

Section 52. Protection of Customers To protect the health and safety of persons who use them, the Department shall promulgate:

(a) Rules and regulations concerning:

1. Correct sanitary practices for persons swimming or bathing to prevent the transmission of communicable diseases;

2. Correct sanitary procedures for personnel working in those places to maintain their adequate sanitation and cleanliness of accessories used by customers;

3. Adequate number of trained personnel and necessary equipment needed for life-saving and rescue work;

4. Post conspicuous signs to warn the public of the presence of artificial or natural hazards; and

(b) Standards and criteria concerning:

1. Sanitary structural requisites for swimming pools and bath houses to prevent pollution of their waters and to facilitate sanitation maintenance;

2. Sanitary structural standards for appurtenances, such as toilets, shower baths and dressing rooms to eliminate the risk of infection;

3. Methods of determining the sanitary quality of water, particularly that which is used in swimming pools; and

4. Criteria to be used in the limitation of swimming or bathing loads of swimming pools in accordance with the type of water treatment applied.

Section 53. Responsibility of the Local Health Authority The local health authority concerned shall:

1. Inspect the state of sanitation of public swimming or bathing places;

2. Ascertain if their personnel are examined regularly for the presence of any infections or contagious disease;

3. Enforce rules and regulations of the Department under this Chapter; and

4. Recommend to the Department the revocation of their permits when it is deemed necessary for the protection of public health.

CHAPTER IX
REST AREAS, BUS TERMINALS, BUS STOPS, AND SERVICE STATIONS

Section 54. Rest areas, bus terminals, bus stops and service station areas with one or more permanent sheds, buildings and service facilities for motor vehicles shall be provided with sanitary facilities for the convenience and personal necessities of the travelling public.

(a) Rest areas, bus terminals, bus stops and service stations shall be established with ample area to prevent overcrowding of motor vehicles and travellers.

(b) They shall be provided with adequate ventilation and lighting and away from sources of nuisance.

(c) Safe and adequate water supply shall be provided in accordance with the provisions of Chapter II of this Code.

(d) Excreta and sewage collection and disposal shall be provided in accordance with the provisions of Chapter XVII of this Code.

(e) Refuse collection and disposal shall be in accordance with the provisions of Chapter XVIII of this Code.

(f) Comfort rooms Adequate number of comfort rooms shall be provided as well as auxiliary facilities therein in accordance with the provisions on Chapter XVII of this Code.

(g) Waiting sheds for commuters shall be of adequate size to comfortably accommodate a minimum of thirty (30) persons. Floors shall be of smooth concrete finish and adequate sitting facilities provided for.

(h) Sale of foodstuffs in those establishments shall be done in conformity with the provisions of Chapter III of this Code.

CHAPTER X
CAMPS AND PICNIC GROUNDS

Section 55. No camps and picnic grounds shall be open for public patronage without a sanitary permit issued by Secretary or his duly authorized representative.

(a) Camps and picnic ground sites shall not be subject to flooding, must be well drained, distant from any source of nuisance and will not endanger sources of any public water supply.

(b) Camp and picnic houses shall be provided with adequate lighting and ventilation. Where tents are used flooring shall be at least 4 inches above the ground.

(c) Adequate and safe drinking water shall be available at all times in accordance with the provisions of Chapter II of this Code.

(d) Adequate number of sanitary facilities shall be provided.

(e) Sewage disposal shall be in accordance with the provisions on Chapter XVII of this Code.

(f) The storage, preparation and serving of food shall be in accordance with Chapter III of this Code.

(g) Refuse cans shall be provided at strategic points in the ground area provided with tight fitting cover. A regular collection service shall be maintained. Refuse disposal shall be in accordance with the provisions of Chapter XVIII of this Code.

(h) Camps and picnic grounds shall at all times be maintained clean, free from litter and accumulated rubbish.

(i) A program on Vermin Control shall be made in accordance with Chapter XVI of this Code.

CHAPTER XI
DANCING SCHOOLS, DANCE HALLS AND NIGHT CLUBS

Section 56. General Provisions The following provisions are applicable to dancing schools, dance halls and night clubs:

(a) These establishments shall be operated and opened for public patronage only when a sanitary permit is issued by the local health authority.

(b) These establishments and their premises shall be kept clean and sanitary at all times.

(c) Patrons shall be provided with adequate potable water and toilet facilities in accordance with standards prescribed by this Code.

(d) There shall be no private rooms or separate compartments for public use except those used for lavatories, dressing rooms, bars and kitchens.

Section 57. Special Provisions The following provisions are applicable in cases herein specified:

(a) For dancing schools

No person shall be employed as a dancing instructor or instructress without first securing a health certificate from the local authority.

(b) For dance halls and night clubs

1. No person shall employed as hostess or cook or bartender or waiter without first securing a health certificate from the local health authority.

2. The storage, preparation and serving of food and drinks shall be in accordance with the provisions prescribed in Chapter III of this Code.

CHAPTER XII
TONSORIAL AND BEAUTY ESTABLISHMENTS

Section 58. Definition of Terms As used in this Chapter, the term "Tonsorial and Beauty Establishments" include barber shops, beauty parlors, hairdressing and manicuring establishments and figure slendering salons.

(a) Requirements. These establishments are subject to the following requirements:

1. A sanitary permit shall be procured from the local health authority before their operation.

2. They shall be maintained clean and sanitary at all times.

3. No person shall be employed to service customers without a health certificate issued by the local health authority.

(b) Correct Sanitary Practices. The following sanitary practices shall be observed.

1. Working personnel shall wash their hands with soap and water before servicing customers.

2. They shall wear clean working garments.

3. They shall not smoke nor eat while working.

4. Implements of their trade shall be cleaned and disinfected before and after their use.

5. Customers shall be supplied with clean and fresh towels, drapes and other linen necessary.

6. Precautionary measures to prevent disease transmission shall be observed when serving customers showing any form of dermatoses.

CHAPTER XIII
MASSAGE CLINICS AND SAUNA BATH ESTABLISHMENTS

Section 59. Definition of Terms As used in this Chapter the following shall mean:

(a) Massage. A method wherein the superficial soft parts of the body are rubbed or stroked or kneaded for remedial or aesthetic or hygienic purposes.

(b) Massage Clinic. An establishment where massage is administered to customers.

(c) Masseur. A trained person duly licensed by the Secretary or his authorized representative to perform massage and to supervise massage clinic attendants.

(d) Massage Clinic Attendant. A trained person duly permitted by the Secretary or his authorized representative to massage customers under the guidance and supervision of a masseur.

(e) Sauna Bath Establishment. An establishment where customers are exposed to steam which is generated by sprinkling water on hot stones or by some other means.

(f) Sauna Bath Attendant. A person who applies the proper technique of giving steam bath to customers.

Section 60. Sanitary Permit No person or entity shall operate a massage clinic and/or a sauna bath establishment without first securing a sanitary permit from the local health authority.

Section 61. Sanitary Requirements The following requirements shall be enforced:

(a) Massage Clinic

1. The reception and office rooms shall be properly lighted and ventilated.

2. Every massage room shall be adequately ventilated, provided with a sliding curtain at the entrance and equipped with a suitable and clean massage table.

3. Sanitary and adequate handwashing, bath and toilet facilities shall be available.

4. Customers shall be provided with soap, clean towels, sanitized rubber or plastic slippers. They shall be required to take a thorough bath before massage.

5. Masseur and masseur attendant shall wash their hands with soap and water before and after massaging a customer.

6. The establishment and its premises shall be maintained clean and sanitary at all times.

(b) Sauna Bath Establishment

1. The reception and office rooms shall be properly lighted and adequately ventilated.

2. The sauna bath room shall be properly lighted, provided with thermometers, and maintained clean and sanitary at all times.

3. Sanitary and adequate handwashing, bath and toilet facilities shall be available.

4. Customers shall be provided with soap, clean towels and sanitized rubber or plastic slippers.

Section 62. Personnel The following requirements shall be enforced:

(a) Masseur

1. The person must have a certificate as a registered masseur, issued by the Committee on Examiners for Masseur of the Department.

2. He must possess an up-to-date health certificate issued by the local hea
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