Article 23. Adulterated Food. – A food shall be deemed to be adulterated:
a) 1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the
substance is not an added substance, such food shall not be considered adulterated under this clause if the quantity of
such substance does not ordinarily render it injurious to health;
2) if it bears or contains any added poisonous or deleterious substance other than one which is (i) a pesticide
chemical in or on a raw agricultural commodity, (ii) a food additive, (iii) a color additive, for which tolerances
have been established and it conforms to such tolerances;
3) if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for food;
4) if it has been prepared, packed or held under unsanitary conditions whereby it may have become
contaminated with filth, or whereby, it may have been rendered injurious to health;
5) if it is, in whole or part, the product of a diseased animal or of an animal which has died other than by
slaughter;
6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render
the contents injurious to health; or
7) if it has passed its expiry date.
b) (1) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom and the same has not been
substituted, by any healthful equivalent of such constituent;
2) if any substance, not a valuable constituent, has been added or substituted or in part therefor;
3) if damage or inferiority has been concealed in any manner; or
4) if any substance has been added thereto or packed therewith so as to increase its bulk or weight, reduce its
quality or strength, or make it appear better or of greater value than it is.
c) if it is, or bears or contains a color additive which is unsafe under existing regulations: Provided, That the Department
shall promulgate regulations providing for the listing of color additives which are harmless and suitable for use in food for
which tolerances have been established;
d) if it is confectionary, and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring,
harmless flavoring, harmless resinous glass not in excess of four-tenths (4/10) of one per centum (1%) natural gum and
pectin: Provided, That this clause shall not apply to a safe non-nutritive article or substance if, in the judgment of the
Department as provided by regulations, (1) such article or substance is of practical functional value in the manufacture,
packaging or storage of such confectionery, (2) if the use of the substance does not promote deception of the consumer or
otherwise results in adulteration or mislabeling in violation of any provision of this Act, and (3) would not render the product
injurious or hazardous to health: Provided, further, That this paragraph shall not apply to any confectionery by reason of its
containing less than one-half (½) of one per centum (1%) by volume of alcohol, derived solely from the use of flavoring
extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substance: Provided, finally,
That the Department may, for the purpose of avoiding or resolving uncertainty as to the application of this clause,
promulgate regulations allowing or prohibiting the use of particular non-nutritive substances;
e) if it is oleomargarine, margarine or butter and any of the raw materials used therein consists in whole or in part of any
filthy, putrid or decomposed substance, or such oleomargarine, margarine or butter is otherwise unfit for food;
f) if it has not been prepared in accordance with current acceptable manufacturing practice established by the Department
through regulations.
Article 24. Regulation of Unprocessed Food. – The provincial, municipal and city governments shall regulate the preparation and sale of meat,
fresh fruits, poultry, milk, fish, vegetables and other foodstuff for public consumption, pursuant to the Local Government Code.
Article 25. Tolerance for Poisonous Ingredients in Food. – Any poisonous or deleterious substance added to any food shall be deemed to be
unsafe, except when such substance is required or can not be avoided in its production or can not be avoided by good manufacturing practice. In
such case, the Department shall promulgate regulations limiting the quantity therein in such extent as he finds necessary for the protection of
public health, and any quantity exceeding the limits so fixed shall be deemed to be unsafe. In determining the quantity of such added substance to
be tolerated in different articles of food, the Department shall take into account the extent to which the use of such article is required or can not be
avoided in the production or manufacture of such articles and the other ways in which the consumer may be affected by the same or other
poisonous or deleterious substance.
Article 26. Unsafe Food Additives, Exceptions for Conformity with Regulation. – A food additive, with respect to any particular use or
intended use, shall be deemed unsafe unless:
a) it and its use or intended use conforms to the terms of an exemption for being solely intended for investigational use by
qualified experts; or
b) it and its use or intended use is in conformity with a regulation issued by the Department prescribing the conditions
under which such additives may be safely used.
Article 27. Petition for Regulation of Food Additive. – Any person may, with respect to any intended use of a food additive, file with the
Department a petition proposing the issuance of a regulation prescribing the conditions under which such additives may be safely used.
The Department shall (1) establish a regulation prescribing, with respect to one or more proposed uses of the food additive involved, (i) the
conditions under which a food additive may be safely used including, but not limited to, specifications as to the particular food, classes of food, in
which such additive may be used, (ii) the maximum quantity which may be used, or permitted to remain in or on such food; (iii) the manner in
which such additive may be added to or used in or on such food, and (iv) any directions or other labeling or packaging requirement for such
additive deemed necessary to assure the safety of such use, and shall notify the petitioner of such order and the reasons for such action; or (2)
deny the petition and notify the petitioner of and the reasons for such action.
The Department may, at any time upon his own initiative, issue a regulation prescribing, with respect to any particular food additive, the conditions
under which such additive may be safely used and the reasons thereof, and cause the publication of the same.
Article 28. Effectivity of Regulations. – The regulations promulgated under the preceding articles shall take effect fifteen (15) days after its
publication in a newspaper of general circulation but the Department may stay such effectivity if, after issuance of such order, a hearing is sought
by any person adversely affected by such order.