Republika ng Pilipinas
KAGAWARAN NG KALUSUGAN
TANGGAPAN NG KALIHIM
Maynila
F
O R E W O R
D
The promulgation of the Code on Sanitation on December 23,
1975 by His Excellency, President Ferdinand E. Marcos, is a significant landmark in the
history of our country's health and sanitation efforts.
This Code on Sanitation has for its ultimate objective the
improvement of the way of the Filipinos by directing public health services towards the
protection and promotion of the health of our people.
Public health laws and regulations on sanitation in the
Philippines used to be scattered in numerous volumes of our statute books. To look for
them when needed has often been a cumbersome and tedious task. Clearly, there was a
compelling need to compile all existing public health laws and to update them to make them
truly responsive to the present day needs of the nation.
Historically, there have been three major efforts to
codify our health laws and regulations. I remember distinctly that the initial one started
more than 20 years ago when the late Dr. Mariano Icasiano, then City Health Officer of
Manila, the late Dr. Amadeo Cruz, then Director of Health Services and I worked as a
committee on codification. From our effors came out a first draft of the code.
Unfortunately, our proposed code did not gain official sanction due to conflicts of
political interest which afflicted most of our agencies in the Old Society.
The two other subsequent efforts to produce a code did not
fare any better. While asistance and support were received from various government and
private entities and individuals, they were never enacted by Congress; red tape, social
indifference and other similar evils were to blame.
With the advent of the New Society and its atmosphere that
was conducive to reform, work on the fourth draft of the code was expedited. Further
impetus was afforded by the dynamism which pervaded the public health service and by the
Administration's social concern. President Marcos gave it the force of law when he signed
it as Presidential Decree No. 856.
In the various stages of development of the code, there
are reflected significant contributions from various departments, bureaus and offices of
the national government and many civic and professional societies. Notable among them are
the Regional, Provincial and City Health Offices; the National Environmental Protection
Commission; the Metropolitan Water and Sewage System; the Population Commission; the
following departments of the executive branch of the government: Labor, Natural Resources,
Agriculture, Education, and Finance; the Philippine Public Health Association; the League
of Public Health Engineers; the Philippine Society of Sanitary Engineers and many others.
Acknowledgment is publicly made of their invaluable
support and interest.
The new Code on Sanitation ushers in a new era for public
health in the Philippines. It marks the consolidation of what used to be disparate laws
and regulations into a single compact volume. With it, the problems of confusion and
misinformation - or worse still, the lack of it - were swept away. That it is a modern and
updated code is shown by its coverage of all present day business enterprises and
establishments. Being so, it should be kept a living, vibrant document - relevant and
responsive to the needs of our communities and of the nation, at large.
It is hoped that compliance by those concerned and
enforcement by our health officers will become so much easier with the publication of this
bible on sanitation of the New Society.
(Sgd.) CLEMENTE S. GATMAITAN, M.D., M.P.H
Secretary of Health
July 1, 1976
Presidential Decree
No. 856
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:
- 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
prescribe 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.
Section 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, mid-wifery, and other
para-medical 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.
Section 4. Authority
of the Secretary - In addition to the power 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 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 -
- 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 provisions 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 provisions 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 provided, any notice required to 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.
- Condemnation and seizure of property-
Then 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
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:
- 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 subdivisions
and projects prior to the construction of housing units thereat; and
- Certification of potability of drinking water.
Section 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 before 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 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:
- 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 te 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 in charge of the public supply made and found to be safe and potable.
- 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
- 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 issuance,
renewal and noting of such certificates shall be is such amounts as the City or Municipal
Authority may by resolution impose.
- Noting of Permit-
Within 14 days after any chance n 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 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;
vii. 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 foods 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 supervision.
- All meats 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 radioactivity 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 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 or 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 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 prescribed.
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 coloured.
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 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 lightning 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 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 unobstructed and sufficient to permit
movement of employees and customers without contamination of food by clothing or personal
contact.
g. Changerooms
i. 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 neas 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 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 -
- 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.
Section 19. Food
Handlers -
- No person shall be employed in any food establishment
without health certificate issued by the local health authority.
- 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 food 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.
- Spaces where food and drinks are stored, prepared and
served shall be so constructed and maintained as to exclude vermin.
- 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.
- 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 food
stuffs, 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.
Section 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 be open directly into 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 cold towel dispenser or drying device and soap or detergent.
Section 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 shall 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 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 -
- They shall be so designated, fabricated and installed so
that cleaning is easy and they do not pose health hazards.
- Lead-soldered containers and cadiun-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 allotted at the ends to permit removal of dust and debris. The
bottom shelves of open-based fixtures shall be removable to facilitate inspections,
cleaning and maintenance.
Section 24. Washing
Utensils -
- They shall be scraped and pre-rinsed to remove food
particles.
- 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.
Section 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
a 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.
Section 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 self-draining position to permit ready
air-drying.
- 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 -
- They shall be stored in a clean and dry place 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 invented 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-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:
- Designated spaces, lockers, cupboards, racks, shelves and
containers shall be used for storage.
- 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.
- 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.
Section 29. Refrigerated
Storage of Perishable Foods - Perishable foods shall be stored in the
following manner:
- They shall be kept at or below 45°F (7°C) except during
preparation or when held for immediate serving after preparation.
- When such food s 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:
1. Frozen foods; not more than 10°F (-12°C)
2. Meat and fish: 32-38°F (O-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 32°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:
- Hand contacts with food or drink shall be avoided; fingers
shall not be used to serve butter, ice, or similar items or 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 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.
- Spoons, spatulas, dippers and scoops used intermittently
for disposing 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 noncompliance 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
notice 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, 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 all 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
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 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.
- 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 power 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
- Groceries 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.
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 mild, 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
- 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.
f. 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.
g. 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.
Section 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
vendors 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 the are unsanitary and
- 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:
- Suitability of site insofar as elimination of nuisance
condition 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.
Section 35. Responsibility
of the Local Health Authority
a. 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.
b. 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 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
- 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 for lighting.
- Adequate drying facilities shall be provided and
articles for drying protected from sources of contamination.
b. Sanitary Requirements
- Laundry supplies in both liquid and solid state shall be
properly stored, prepared and handled. Containers of chemicals shall be properly labeled.
- Employees shall be provided with potable drinking water,
toilets 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.
Section 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 Sanitary and Health Services
Section 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.
Section 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 the 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 lightning
with minimum glare. Artificial lightning with louvered fluorescent or incandescent
fixtures 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.
- 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:
- Suitable Location -
the school site shall be located away from the 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.
Section 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
Section 44. Requirements
for Special Schools -
- Cadavers shall be stored in morgues and dissected in
dissecting rooms, all 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 culture 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 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:
- 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 maintained.
- An abatement program for the control of vermin shall be
maintained.
- Adequate restrooms and mess halls shall be provided for
employees.
- 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:
- Issue a list of maximum concentration of atmospheric
contaminants as 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.
- 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
infectious disease 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 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 -
- 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 neighboring 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.
b. Employee responsibility
- Observe strictly protective control measures which are
prescribed; and
- Use equipment provided them properly.
Section 48. Environmental
provisions - The environmental provisions enumerated hereunder for the
protection of the health workers are applicable to all industrial establishments:
a. Control of atmospheric contaminants -
- Workers shall not be exposed to atmospheric contaminants
hazardous to health.
- Control of atmospheric contaminants shall be accomplish by
methods approved by the Secretary or his duly authorized representatives or other
government authority.
b. Control of infectious agents -
- Control measures shall be provided to eliminate or control
transmission of infectious diseases through processing or handling of industrial products
or wastes.
c. Control of possible sources of radiation 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 recommendations of the local health or other government authority.
e. Illumination
- Adequate lightning 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.
d. 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 shall be located so that discharged
materials shall not reenter 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 :
- 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.
- 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 decimeters 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.
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
Permits - 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:
- Correct sanitary practices for persons swimming or bathing
to prevent the transmission of communicable diseases:
- 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 the public of the presence
of artificial or natural hazards; and
b. 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 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:
- Inspect the state of sanitation of public swimming or
bathing places;
- Ascertain if their personnel are examined regularly for the
presence of any infections or contagious disease;
- Enforce rules and regulation of the Department under this
Chapter; and
- Recommend to the Department the revocation of their permits
when it is deemed necessary for the protection 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 the convenience and personal necessities of
the traveling public.
- Rest areas, bus terminals, bus stops and service stations
shall be established with ample area to prevent overcrowding of motor vehicles and
travelers.
- They shall be provided with adequate ventilation and
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 collection 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 rooms shall be
provided as well as auxiliary facilities therein in accordance with the provisions on
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
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.
- 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 III 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
Section 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.
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 securing a health certificate from the local health authority.
b. For 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 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 slenderizing salons.
a. 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.
b. 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
Section 59. Definition
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 of 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.
Section 60. Sanitary
Permit - No person or entity shall operate a massage clinic and or a sauna
bath establishment without fist securing a sanitary permit from the local health
authority.
Section 61. Sanitary
Requirement - The following requirement s shall be enforced:
a. 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 the with a suitable and clean massage table .
- Sanitary and adequate hand washing, 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.
b. 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 hand washing, bath and toilet
facilities shall be available .
- 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 -
- 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 to include VD clearance secured from any government clinic or
hospital.
- The person must wear a clean working garment when attending
to customers.
b. 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.
- Ther person must wear clean working garments when attending
to customers.
c. Sauna Bath Attendant -
- Attendant must possess an up-to- date health certificate
issued by the local health authority.
- The person must wear a clean working garment when attending
to customers.
Chapter XIV
Hotels, Motels and Apartments, Lodging, Boarding, or Tenement
Houses, and Condominiums.
Section 63. Definition
of Terms - As used in this Chapter, the following terms shall mean:
- 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
occupant as residence by four or more families doing their cooking within the premises but
living independently of one another although having a common right in the use of halls,
stairways, terraces, verandas, toilets and baths.
- 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.
h. Establishments - A collective
term construed to include terms (a) to (g).
Section 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 establishment 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 without first
procuring a health certificate from the local health authority,
Section 65. Special
Provisions - The following provisions are applicable .
a. 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 cabin are vacated, their toilets or baths
shall be sanitized and clean and fresh linen shall be provided before the room or cabin is
rented for occupancy.
b. Condominium-the following conditions are
applicable :
- 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
Section 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 airports as
practicable organized medical and health services with adequate staff, equipment and
facilities for the prompt isolation and care of infected persons, disinfection, deratting,
laboratory examination of rodents for plague infection, collection of water and food
samples for examination.
- The local health authority for each port and airport 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.
Section 67. Vessel
Sanitation - For the purpose of this Section, the provisions of Art.II of the
Quarantine Regulations promulgated under Section 5 of Republic Act No. 123 shall be
applied and enforced.
Section 68. Aircraft
Sanitation - For the purpose of this Section, the requirements in the Guide
to Hygiene and Sanitation in Aviation of the World Health Organization are adopted as part
of this code.
Chapter XVI
Vermin Control
Section 69. Definition
of Terms - As used in this Chapter, the following terms shall mean:
- 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.
Section 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 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.
Chapter XVII
Sewage Collection and Disposal, Excreta Disposal and Drainage
Section 71. Definition
of Terms - As used in this chapter the following terms shall mean:
- 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 or pipes leading from the outlet of the
septic tank, consisting of open jointed or perforated pipes so distributed that the
effluent from a septic tank is oxidized and absorbed by the soil.
- 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 id 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.
Section 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 specifications 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 other
treatment plants.
Section 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 in case of breakdown
or improper functioning of the sewage treatment works; and
- Inform the local health authority in case of breakdown or
improper functioning of the sewage treatment work; and
- Provide for the treatment of all sewage entering the
treatment plant.
Section 74. Requirements
in the operation of Sewerage Works and Sewage Treatment Plants - The
following are required for sewerage works and sewage treatment plants:
- All houses covered by the system shall be connected to the
sewer in areas where a sewerage system is available.
- Outfalls discharging effluent from a treatment plant shall
be carried to the channel of the steam or to deep water where the outlet is discharged,
- Storm water shall discharged to a storm sewer, sanitary
sewage shall be discharged to a sewerage only; but this should not prevent the
installation of a combined system.
- Property designed grease traps shall be provided for sewers
from restaurants or other establishments where the sewerage carries a large amount of
grease.
Section 75. Septic
Tanks - Where a public sewerage system is not available, sewer outfalls from
residences, schools, and other building s shall 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.
Section 76. Disposal
of Septic Tank Effluent - The effluent from septic tanks shall be discharged
into a subsurfaced soil, absorption field where applicable or shall be treated with some
type of a purification device. The treated effluent may be discharged into a stream or
body of water if it conforms to the quality standards prescribe by the National Water and
Air Pollution Control Commission.
Section 77. Determination
of Septic Tanks 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 in the basis of the actual number
of persons served by the tank, which-ever is greater.
Type of Establishment |
Gals. / Day / Person |
| Small dwellings and cottages |
50 |
| Large dwellings with numerous
fixtures |
75-100 |
| Multiple family residence |
50 |
| Rooming houses |
40 |
| Boarding houses |
50 |
| Hotels and motels |
50 |
| Restaurants (toilet and kitchen
wastes per person) |
7-10 |
| Restaurants (kitchen wastes per
meal served) |
2-1 / 2-3 |
| Kitchen wastes at hotels, camps,
boarding houses, etc., serving 3 meals/day |
7-10 |
| Tourist camps or trailer parks |
35-50 |
| Resort camps (night and day)
with limited plumbing |
50 |
| Luxury camps |
75-100 |
| Work or construction camps
(semi-permanent) |
50 |
| Day schools without cafeterias,
gymnasiums or showers* |
8 |
| Day schools with cafeterias but
no gyms or showers* (Quantity estimated from no. of meals served or 80% of enrollment) |
12 |
| Day schools with cafeterias,
gyms and showers* (Qty. estimated from max. number expected to use gyms and showers in one
day) |
20 |
| Boarding schools |
75-100 |
| Day workers at schools and
offices |
15 |
| Hospitals* (Gallons per bed) |
150-250 |
| Public institutions other than
hospitals |
75-125 |
| Factories (Gal./person/shift,
exclusive of industrial wastes) |
15-35 |
| Public picnic parks (toilet
wastes only) |
5 |
| Picnic parks, with bathhouse,
showers and flush toilets |
10 |
| Swimming pools and bathing
places* |
10 |
| Luxury residences and estates |
100-150 |
| Country clubs per resident
members* Country clubs per member present* |
25-50 |
* Substance drain fields not recommended
for secondary treatments.
Section 78. Sanitary
Privies - The privy recommended for use is the sanitary privy. It shall
conform with the following minimum requirements:
- It shall consist of an earthen pit, a floor covering the
pit, and a water -sealed bowl. It shall be so constructed in order that fecal matter and
urine will be deposited into the earthen pit which shall be completely fly-proof.
- 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.
f. Wooden floors and seat risers shall not be used.
Section 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 -
Building or premises producing wastes water shall be connected to the municipal
drainage system in all areas where it exists.
Section 80. Special
Precaution for Radioactive Excreta and Urine of Hospitalized Patient -
- 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
Section 81. Definition
of Terms - As used in this chapter, refuse is an inclusive term for all solid
waste products consisting of garbage, rubbish, ashes, night soil, manure, dead animals,
street sweepings and industrial wastes.
Section 82. Responsibility
of Cities and Municipalities - Cities and municipalities shall provide an
adequate and efficient system of collecting, transporting and disposing refuse in their
areas of jurisdiction in a manner approved by the local health authority.
Section 83. Additional
Requirements -
- Occupants of buildings and residences shall, provide a
sufficient number of receptacles for refuse. Refuse in receptacles shall be protected
against vermin and other animals.
- 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 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
a. Nuisance - Anything that injures health, endangers life, offends
the senses or produces discomfort to the community.
b. Offensive trades or occupations - These
are the following:
- Soap boiling
- Guts cleaning
3. Boiling of offal, bones, fat or lard*;
*Permissible if process is performed in a
public slaughter house under prescribed regulations.
4. Manufacturing of glue or fertilizer;
5. Skin Curing
6. Scrap processing
7. Manure storing
8. Lime burning
9. Lye making; and
Any manufacturing process in which lead, arsenic, mercury,
phosphorous, or other poisonous substance is used**;
**The use of such chemicals is
permissible in the practice of pharmacy and in printing where ready-made lead types are
used.
Section 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;
f. Animal stockage maintained in a manner injurious to
health;
- Excessive noise; and
- Illegal shanties in public or private properties.
The use of such chemicals permissible in the practice of
pharmacy and in printing where ready made lead types are used.
Section 86. Responsibilities
of Owners, managers or Operators - The owners, managers or operators of
establishments 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;
e. Store all materials properly to prevent emission of
noxious or injurious effluvia.
Chapter XX
Pollution Of The Environment
Section 87. General
Provisions - For the purpose of this Chapter, the provisions of Republic Act
No. 3931, the rules and regulations of the National Water 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. 430 and the rules and regulations of the
Radiation Health Office of the Department of Health shall be applied and enforced.
Section 88. Authority
of the Secretary - The Secretary is authorized to promulgate rules and
regulations for the control and prevention of the following types of pollution:
- 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 transports
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
Section 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 deceased person by
any means other than embalming.
- Undertaker -
Person who practice 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 -
Internment of remains in a grave, tomb or in the sea.
- Disinterment - the removal or
exhumation of remains from places of interment.
Section 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 with in 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.
Section 91. Burial
Requirements - The burial of remains is subject to the following
requirements:
- No remains shall be buried without a death 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 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
deceased 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, regional 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 remain 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.h.
Section 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 person 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 of
his duly authorized representative.
- In all cases of disinterment, the remains shall be
disinfected and places in a durable and sealed container prior to their final disposal.
Section 93. Funeral
and Embalming Establishments - These establishments are subject to the
following requirements:
a. Scope of inclusion - For the
purposes of this Section, requirements prescribed herein shall be applied and enforced to
funeral chapels, embalming establishments and morgues.
b. Sanitary permit - No
establishment mentioned in the preceding paragraph shall be operated without a sanitary
permit issued by the Secretary or his duly authorized representative. This permit shall be
revoked in case of any violation of the provision of this chapter and the rules and
regulations promulgated by the Secretary.
c. Classification - Funeral
establishment shall be classified in three (3) categories which are described as follows:
- Category I .-- Establishments with chapel, 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.
d. Sanitary requirements- For
funeral chapels.- the requirements prescribed for places of public assembly in this Code
shall be applied.
For embalming and dressing rooms.--
- 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.
5. Embalming and assistants shall use rubber gloves when
working.
6. Washing facilities with soaps, detergents and
germicidal solutions shall be provided for use of the working personnel.
Section 94. Licensing and
Registration Procedures - The licensing and registration of undertakers and embalmers
are subject to the following requirements:
a. Issuance of license to practice.-
- Any person who desires to practice undertaking or embalming
shall be licensed to practice only after passing examination conducted by the Department.
- Licensed undertakers or embalmers shall practice
undertaking or embalming in accordance with requirements prescribed by the Departments.
3. Licensed undertakers or embalmers shall display their
licenses conspicuously in the establishments where they work.
b. Issuance of certificates or registration.--
- An undertaker or embalmer shall apply annually for a
registration certificates and pay an annul 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.
3. Certificates of registration shall be posed
conspicuously in establishments concerned.
c. Exemption - Government and private physicians
may perform embalming without license and registration certificates as exigencies require.
Section 95. Autopsy and
Dissection of Remains - The autopsy and dissection of remains are subject to the
following requirements:
a. Person authorized to perform these are:
1. Health officers;
2. Medical officers of law enforcement agencies; and
- Members of the medical staff of accredited hospitals.
b. Autopsies shall be performed in the following cases:
1. 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 disinter and take possession of
remains for examination to determine the cause of death; and
5. Whenever the nearest kin shall request in writing the
authorities concerned to ascertain the cause of death.
c. Autopsies may be performed on patients who die in
accredited hospitals subject to the following requirements;
- 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.
Section 96.
Donation
of Human Organs for Medical, Surgical and Scientific purposes - Any person may donate
an organ or any part of his body to a person, a physician, a scientist, a hospital or a
schientific institution upon his death for transplant, medical, or research purposes
subject to the following requirements:
The donation shall be authorized in writing by the donor
specifying the recipient, the organ or part of his body to be donated and the specific
purpose for which it will be utilized.
A married person may make such donation without 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 hospital, the Director of the hospital may donate an organ or
any part of the body of the deceased in accordance with the requirement prescribed in this
Section.
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.
Section 97.
Use of Remains
for Medical Studies and Scientific Research - Unclaimed remains may be used by medical
schools and scientific institutions for studies and research subject to the rules and
regulations prescribed by the Department.
Section 98.
Special
Precautions for Safe Handling of Cadavers Containing Radioactive Isotopes -
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 labelled 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, thereis no handling problem; otherwise, autopsy
precautions should be strictly enforced. Precautions should be taken to prevent any
possible concentration of radioactivity at the base of the stack of the cremation.
Section 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.
Section 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 or 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.
Section 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
c. Close cemeteries under their jurisdiction subject to
approval of the Regional Director.
Section 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.
c. Each day or any part thereof during which any
prohibited business or practice is continued shall be deemed a separate violation and
subject to the same penalty prescribed in the preceding paragraph.
Chapter XXII
Final Provisions
Section 103. Penal
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.
b. Any person who shall interfere with or hinder, or
oppose any officer, agent or member of the Department or of the Bureaus and offices under
it, in the performance of his duty as such under this Code, or shall tear down, mutilate,
deface or alter any placard, or notice, affixed to the premises in the enforcement of the
Code, shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a
period not exceeding six months or by a fine of not exceeding one thousand pesos or both
depending upon the discretion of the Court.
Section 104. Separability
Clause - In the event that any section, paragraph, sentence clause or word of this
Code is declared invalid for any reason, other provisions thereof shall not be affected
thereby.
Section 105. Repealing
Clause - All laws, as well as pertinent rules and regulations thereof which are
inconsistent with the provisions of this Code are hereby repealed or amended accordingly.
Section 106. Effectivity -
This Code is hereby made part of the law of the land and shall take effect immediately.
Done in the City of Manila, this 23rd day of December, in
the year of Our Lord, nineteen hundred and seventy-five.
(Sgd. ) FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd. ) JUAN C. TUVERA
Presidential Assistant