Name: Decena, Charie A.

Section: BT1DF
Subject: RMASSS

1. Research about the Republic Act 3720 “Food, Drug, and Cosmetic Act”.

-This Act aims to ensure safe and good quality of food, drugs and cosmetics and to
regulate their production, sale and distribution in order to protect public health.. The Act
provides for the creation of an office called the Food and Drug Administration in the
Department of Health.
-The Act defines its internal organization and its powers, functions and duties which are:
provide for the collection of samples of food, drug and cosmetic for analyses and
inspection; establish analytical data to serve as basis for the preparation of food, drug and
cosmetic standards; issue certificates of compliance with technical requirements to serve
as basis for the issuance of licences; etc. The Act also reorganizes the Board of Food
Inspection by converting it into the Board of Food and Drug Inspection.

Declaration Policy

-It is hereby declared the policy of the State to insure safe and good quality of food, drug
and cosmetic, and to regulate the production, sale and traffic of the same to protect the
health of the people.
-In the implementation of the foregoing policy, the Government shall in accordance with
the provisions of this Act:
a. Establish standards and quality measures for food, drug, and cosmetic.
b. Adopt measures to insure pure and safe supply of food, drug, and cosmetic in the
country.

Creation of the Food and Drug Administration

-To carry out the provisions of this Act, there is hereby created an office to be called the
Food and Drug Administration in the Department of Health. Said Administration shall be
under the Office of the Secretary and shall have the following functions, powers and
duties. he United States Food and Drug Administration (FDA) was first created to
enforce the Pure Food and Drug Act of 1906. In this capacity, the FDA is charged with
protecting the health of the US public, to ensure the quality of its food, medicine, and
cosmetics. Before this time, the United States government had no formal oversight of
these products and left issues of quality and purity to the individual manufactures, or at
times, individual states.
-

Board of Food and Drug Inspection

-Monitor, inspect and evaluate health products and establishments covered by the FDA
Act of 2009, its Rules and Regulations, and other relevant laws, for the purpose of the
issuance of the necessary authorizations
-It shall be the duty of the Board, conformably with the rules and regulations, to hold
hearing and conduct investigations relative to matters touching the administration of this
Act, to investigate processes of food, drug and cosmetic manufacture and to submit
reports to the Food and Drug Administrator, recommending food and drug standards for
adoption. Said Board shall also perform such additional functions, properly within the
scope of the administration hereof, as may be assigned to it by the Food and Drug
Administrator. The decisions of the board shall be advisory to the Food and Drug
Administrator

Prohibited Acts and Penalties

PROHIBITED ACTS
The following acts and the causing thereof are hereby prohibited:
a. The manufacture, sale, offering for sale or transfer of any food, drug, of any food,
drugs, of cosmetic that is adulterated or misbranded.
b. The adulteration or misbranding of any food, drug, device or cosmetic.
c. The refusal to permit entry or inspection as authorized by Section twenty seven hereof
or to follow samples to be collected.
d. The giving of a guaranty or undertaking referred to in Section twelve (a) hereof which
guaranty or undertaking to the same effect signed by, and containing the name and
address of, the person residing in the Philippines from whom he received in good faith
the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to
in Section twelve (b) which guaranty or undertaking is false.
e. Forging, counterfeiting, simulating, or falsely representing or without proper authority
using any mark, stamp, tag label, or other identification device authorized or required by
regulations promulgated under the provisions of this Act.
f. The using by any person to his own advantage, or reveling, other than to the Secretary
or officers or employees of the Department or to the courts when relevant in any judicial
proceeding under this Act, any information acquired under authority of Section nine, or
concerning any method or process which as a trade secret is entitled to protection.
g. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part
of the labeling of, or the doing of any other act with respect to, a food, drug, device, or
cosmetic, if such act is done while such article is held for sale (whether or not the first
sale) and results in such article being adulterated or misbranded.
h. The use, on the labeling of any drug or in any advertising relating to such drug, of any
representation or suggestion that an application with respect to such drug is effective
under Section twenty-one hereof, or that such drug complies with the provisions of such
section
i. The use, in labeling, advertising or other sales promotion of any reference to any report
or analysis furnished in compliance with Section twenty-six hereof.
PENALTIES
(a) Any person who violates any of the provisions of Section eleven hereof shall upon
conviction, be subject to imprisonment of not less than six months and one day, but not
more than five years, or a fine of not less than one thousand pesos, or both such
imprisonment and fine, in the discretion of the Court.
(b) Person shall be subject to the penalties of subsection (a) of this Section (1) for having
sold, offered for sale for sale or transferred any article and delivered it, if such delivery
was made in good faith, unless he refuses to furnish the request of the Board of Food and
Drug Inspection or an officer or employee duly designated by the Secretary, the name and
address of the person from who he purchased or received such article and copies of all
documents, if any there be, pertaining to the delivery of the article to him; (2) for having
violated Section eleven (a) if he established a guaranty or undertaking signed by, and
containing the name and address of, the person residing in the Philippines from whom he
received in good faith the article, or (3) for having violated Section eleven (a), where the
violation exists because the article is adulterated by reason of containing a coal-tar color
not permissible under regulations promulgated by the Secretary under this Act, if such
person establishes a guaranty or undertaking signed by, and containing the name and
address, of the manufacturer of the coal-tar color, to the effect that such color is
permissible, under applicable regulations promulgated by the Secretary under this Act.
(c) Any article of food, drug, device or cosmetic that is adulterated or misbranded when
introduced into the domestic commerce may be seized and held in custody pending
proceedings pursuant to section twenty-six
(d) hereof, without hearing or court order, when the Secretary has probable cause to
believe from facts found by him or any officer or employee of the Food and Drug
Administration that the misbranded articles is fraudulent, or would be in a material
respect misleading to the injury or damage of the purchaser or consumer.