Republic of the PhilippinesGeneral Santos CityOFFICEOF THE SANGGUNIANG PANlUNGSOD

_HOMHW'THIi._

CHAMPIONS

EXCERPTFROM THE MINUTES OF THE 104TH REGULARSESSIONOF THE 18TH

SANGGUNIANG PANLUNGSOD, CIlY OF GENERAL SANTOS, HELD AT THESANGGUNIANGPANLUNGSODSESSIONHALLONTUESDAY,NOVEMBER06, 2018.

PRESENT:

Hon. Shirlyn L. Bafias-NoqralesHon. Rosalita T. NunezHon. Jose Orlando R. AcharonHon. Dominador S. Lagare, Jr.Hon. Shandee Theresa L. PestanoHon. Jose Edmar J. YumangHon. Vandyke B. CongsonHon. Lourdes F. CasabuenaHon. Ramon R. MellizaHon. Brix T. TanHon. Lucio D. Cawayan, Sr.Hon. John Salvador D. Demdam

ABSENT:

Hon. Elizabeth B. BagonocHon. Alberto D. PacquiaoHon. Franklin M. Gacal, Jr.Hon. torehe G. Pacquiao

City Vice Mayor & Presiding OfficerCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity Councilor (IPMR)City Councilor (Panlungsod na Pederasyonng mga

Sangguniang KabataanPresident)

City Councilor (OB)City Councilor COL)City Councilor COL)City Councilor CLiga ng mga Barangay President)(OB)

WHEREAS, Section 15, Article II of the 1987 Philippine Constitution states that"The State shall protect and promote the right to health of the people and instill healthconsciousnessamong them";

WHEREAS, it is likewise provided for under Section 16 of Republic Act 7160,otherwise known as the Local Government Code of 1991, under the General WelfareClause, that local government units shall ensure and promote health and safety of thepeople;

WHEREAS, among others, the purpose of its implementation is for theprotection of the general welfare and public safety, in which, the law mandates thatLocal Government Unit (LGU) should create programs and projects that will enhancethe development and welfare of its constituents;

WHEREAS, this Ordinancewill protect and secure the consumers safety to avoidsaliva and cold contamination of foods or unhygienic health conditions, since salivacontains bacteria and viruses that can potentially carry health problems such as cold,fever (glandular), herpes infection, meningococcal disease, hepatitis B, warts andothers;

WHEREAS, this Ordinance is a measure for the safety and health of theconsumers in General SantosCity;

Ordinance No. 72, Series of 2018 Page 1

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ORDINANCE NO. 72Seriesof 2018

NOW, THEREFORE,on motion of City Councilor Jose Orlando R. Acharon, dulyseconded by city councillors Dominador S. Lagare, Jr., Shandee Theresa O. Llido -Pestafio,Vandyke B. Congsonand Brix T. Tan, be it -

RESOLVED,as it is hereby resolved, to enact the following ordinance:

AN ORDINANCEREQUIRINGALL FOOD VENDORS,FOOD SERVERSAND SIMILARFOODHANDLERSIN GENERALSANTOSCIn' TO WEARSPIT GUARDOR FACEMASKWHILE ENGAGING IN THE PREPARATION,SELLING AND SERVING OF FOODS,PROVIDINGPOLICIES,GUIDELINESAND PENALTIESTHEREFOR,AND FOR OTHERPURPOSES

------------------------------------------------------------------------------------------------Hon. JoseOrlando R. Acharon, Hon..RosalitaT. Nunez, Hon. ElizabethB. Bagonoc,Hon.

RamonR. Melliza, Hon. Brix T. Tan, Hon. Lucio D. Cawayan,Sr. andHon. Dominador S. Lagare,Jr. - Authors/Sponsors

------------------------------------------------------------------------------------------------

Section 1. Short Title. - This Ordinanceshall be known as the "Spit Guard orFace Mask Ordinanceof GeneralSantosCity."

Section 2. Policy Statement - It is the policy of General Santos City topromote and ensure the health and safety of its constituents and protect the generalwelfare of the public white encouraging food entrepreneurs to prioritize health andsanitation in the city.

Section 3. Mandate - All food vendors, food servers and others engaged inthe preparation, selling and serving of foods are hereby required to wear spit guard orface mask, and mandated to abide and follow this ordinance, in order to avoid salivaspitting to the food they are selling and to prevent direct contact with the customers.

Section 4. Scope and Application - This ordinance shall apply to all personsengaged in the food businessof uncooked and cooked foods such as vegetables, fruits,meats, fish, street foods and others, as well as those in other food related businessinstitutions and establishments such as street food vendors (street vendors, ambulantvendors, etc.), carenderias or eateries, restaurants, fast food restaurants/stalls, hotels,malls, public markets, hospitals, cafeterias, school canteens, food commissaries andother dining placesoperating under the jurisdiction of General SantosCity.

Section S. Definition of terms.

a. Spit Guard - a clear plastic mask intended to prevent saliva spitting and tohave a healthy oral communication with the food customers.

b. Face Mask - a mask or protective covering that goes over the face or partof the face.

c. Food - material consistlnq essentially of protein, carbohydrate and fat usedin the body of an organism to sustain growth, repair vital processesand tofurnish energy.

Ordinance No. 72, Series of 2018 Page 2

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d. Food Vendor - a person engaging in the selling of any kind of foods,including the street vendor, ambulant vendor, public market vendor, mallvendor and others.

e. Food Server - a person who works at a place that serves food andperforms a variety of customer service, food preparation, and cleaningduties in full-service restaurants, casual dining eateries, and other eatingand drinking places.

Section 6. Inspectorate Team of Food Handlers.

Chairperson- City Mayor or His Alternative RepresentativeVice Chair - City Health OfficeMembers:

• Chairperson of the Sangguniang PanlungsodCommittee on ConsumerWelfare

• Chairpersonof the SangguniangPanlungsodCommittee on Health andSanitation

• Chairpersonof the GeneralSantosCity ConsumerWelfare Council• Membersof the PhilippineNational Police• Chairpersonsof the BarangayHealth Offices of the 26 Barangays• City Treasurer's Office (crO)• Food and Drugs Administration (FDA)• Permits and LicensingDivision (PLD)• Department of Trade and Industry (DT!)

Section 7. Functions of the Implementing Agencies. - To effectively implementthis Ordinance, the following agenciesshall pursue the following functions:

a. City Mayor's Office (CMO)-

i. Supervisethe overall implementation of this ordinance; andii. Function as the final evaluator of the annual report of the offices tasked as

implementors of this ordinance;

b. City Health Office (CHO)

i. Act as the major implementing arm of the City Mayor's Office with regard tothis ordinance;

ii. Conduct ocular inspection to all food vendors, food servers and similar foodhandlers engaging in the food business, and all other related institutions andestablishments, to be done at least twice a year, dependent on the scheduleset by the said offices. As such, the ocular inspection to be conducted shallnot be announced and it shall be done in a random manner to ensure thatconcerned vendors strictly adhere to the conditions required by thisordinance;

iii. Submit annual report to the CMOrelative to the compliance of this ordinanceincorporated and consolidated with the reports from the barangays; and

iv. Endorse to the CMOfor appropriate action any vendor/establishment foundto have violated this ordinance.

Ordinance No.72, Series of 2018 I~ Page 3

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c. SP Committee on Consumer Welfare, SP Committee on Health and Sanitationand GeneralSantos City ConsumerWelfare Council -

i. Assist in the implementation of this ordinance by giving assessment basedon the submitted reports to the CMOas to the proper implementation of thisordinance.

d. Membersof the PhilippineNational Police(PNP)of GeneralSantosCity -

i. Assist the implementors of this ordinance, the CMO and CHO, by way ofmaintaining orderly and peaceful inspection and/or apprehension ofviolators;

e. BarangayHealth Offices -

i. Monitor within the barangay the strict implementation of this ordinance;ii. Issue a notice of violation and corresponding penalty to the offending

vendor; andiii. Submit a corresponding report to the CHO with regard to the

abovementioned tasks.

f. City Treasurer's Office -

i. Primarily responsible for managing the revenue and cash flow of theagency, banking, collection, receipt, reporting custody, investment ordisbursement of funds; and

ii. Issue official receipts to the violators of this Ordinance.

g. Permits and LicensingDivision -

i. Issue business permits to small, medium or big entrepreneurs aspiringbusiness in the city; and

ii. Issue penalties to all establishmentsoperating businesswithout permits.

h. Department of Trade and Industry -

i. Issue Certificate of Registration of the business trade name and give powerto the business owner to use the business trade name for businessoperation; and

ii. Provide warning to the establishment's name if proven to have violated thisordinance.

i. Food and Drug Administration

i. Regulate the flow of foods, drugs, cosmetics, medical devices and householdhazardouswastes; and

ii. Regulate the preparation, service and dispense of foods and food sanitationof all personsand establishments engaged in the sale of food.

Section 8. Penalty - Failure to comply with the provisions of this ordinanceshall subject the establishments and food vendors to the ff:

First Offense - A warning and a fine of Five Hundred Pesos (PSOO.OO) forthe food vendor and a fine of One Thousand Pesos(Pi,OOO.OO) for the establishment.

Ordinance No. 72, Series of 2018 Page 4

Second Offense - A fine of One Thousand Pesos (P1,000.00) for the foodvendor and a fine of Two Thousand Pesos (P2,000.00) forthe establishment

Third Offense - A fine of Three Thousand Pesos (P3,000.00) for the foodvendor and a fine of Five Thousand Pesos (P5,000.00) forthe establishment and cancellation of businesspermit.

Section 9. Separability Clause. - The provisions of this Ordinance are herebydeclared to be separable and if any clause, sentence, provision or section of thisOrdinance or its application thereof to any person or circumstance should, for anyreason, be held invalid or unconstitutional, such invalidity or unconstitutionality shall notaffect the other provisions or application of this Ordinancewhich can be given force andeffect.

Section 10. Repealing Clause. - All ordinances, resolutions, memoranda,orders and similar issuances, or parts thereof which are inconsistent with any of theprovisions of this Ordinanceare hereby repealed or modified accordingly.

Section 11. Effectivity. - This Ordinance shall take effect 15 days after itspublication in a newspaper of general Circulationin General SantosCity.

Enacted by the 18th Sangguniang Panlungsod, City of General Santos, on its104th RegularSessionheld on November 06, 2018.

CERTIFIEDCORRECT:

AnY. ROSENDO A. ROQUESecretary to the Sanggunian

\l8'

ATTESTEDBY:

~15 __L.~SHIRL YN L. BACity Vice Mayor and PresidingOfficer

Approved by His Honor, the City Mayor on 1 B DEC,2~q8.,. )

RONNEL C. RIVERACity Mayor d

Ordinance No. 72, Series of 2018 PageS