c) Whenever in the course of any such inspection of a factory or other establishment where food is manufactured,
processed or packed, the officer or employee making the inspection obtains a sample of any such food, and an analysis
made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid or
decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be furnished promptly to
the owner, operator or agent in charge.
Article 37. Provisional Permits. – Whenever the Department finds, after investigation, that the sale or distribution in commerce of any class of
food, cosmetics, drugs or devices, may be injurious to health, and that such injurious nature cannot be adequately determined after such articles
have entered into domestic commerce, it shall promulgate regulations providing for the issuance, suspension and revocation of provisional permits,
offer for sale or transfer of such classes of food, cosmetics, drugs or devices to manufacturers, processors or packers of the same in such locality
to which shall be attached such conditions governing the manufacture, processing or packing of such consumer products for such temporary
period of time as may be necessary to protect public health; and after the effective date of such regulations, and during such temporary period, no
person shall, offer for sale or transfer any such food, cosmetics, drugs or devices unless such manufacturer, processor or packer holds such
permit.
Article 38. Publicity and Publication. –
a) The Department my cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations
involving, in the opinion of the Department, imminent danger to health, or gross deception to the consumer. Nothing in this
Article shall be construed to prohibit the Department from collecting, reporting, and illustrating the results of its
investigations.
b) The Department shall publish a Drug Reference Manual and Drug Bulletin to serve as reference by manufacturers,
distributors, physicians, consumers and such other groups as may be deemed necessary. The Department is hereby
authorized to sell the Drug Reference Manual at cost.
Article 39. Administrative Sanctions. – In addition to the administrative sanctions provided for under Letter of Instructions No. 1223, the
Department is hereby authorized to impose, after notice and hearing, administrative fines of not less than One thousand pesos (P1,000.00) nor
more than Five thousand pesos (P5,000.00) for any violation of this Act.
PROHIBITED ACTS AND PENALTIES
Article 40. Prohibited Acts. – The following acts and the causing thereof are hereby prohibited:
a) the manufacture, importation, exportation, sale, offering for sale, distribution or transfer of any food, drug, device or
cosmetic that is adulterated or mislabeled;
b) the adulteration or misbranding of any food, drug, device or cosmetic;
c) the refusal to permit entry or inspection as authorized by Article 36 to allow samples to be collected;
d) the giving of a guaranty or undertaking referred to in Article 41 (b) hereof which guaranty or undertaking is false, except
by a person who relied upon a 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 Article 41 (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 revealing, other than to the Department or to the courts when relevant
in any judicial proceeding under this Act, any information 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 product is held for sale
(whether or not the first sale) and results in such product being adulterated or mislabeled;
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 Article 31 hereof, or that such drug complies with the provisions
of such articles;
i) the use, in labeling, advertising or other sales promotion, of any reference to any report or analysis furnished in
compliance with Section 19 of Executive Order 175, series of 1987;
j) the manufacture, importation, exportation, sale, offering for sale, distribution, or transfer of any drug or device which is
not registered with the Department pursuant to this Act;
k) the manufacture, importation, exportation, sale, offering for sale, distribution, or transfer of any drug or device by any
person without the license from the Department required in this Act;
l) the sale or offering for sale of any drug or device beyond its expiration or expiry date;
m) the release for sale or distribution of a batch of drugs without batch certification when required under Article 34 hereof.
Article 41. Penalties. –
a) Any person who violates any of the provisions of Article 40 hereof shall, upon conviction, be subject to imprisonment of
not less than one (1) year but not more than five (5) years, or a fine of not less than Five thousand pesos (P5,000.00) but
not more than Ten thousand pesos (P10,000.00), or both such imprisonment and fine, in the discretion of the Court.
