20.1 Food Fortification (RA 8976), Salt Iodization (RA 8172), and the 2024 Salt Industry Law

Fortification laws are among the Philippine nutrition programs and legislation tested in the Community and Public Health Nutrition subject. Exact fortification levels are set in DOH and FDA regulations rather than in the laws themselves, so this section focuses on what the statutes require.

Fortification Concepts

RA 8976 defines fortification as the addition of nutrients to processed foods or food products at levels above their natural state, and a fortificant as a substance, in chemical or natural form, added to food to increase its nutrient value.

A good food vehicle is widely and consistently eaten by the target population, centrally processed so fortification can be controlled, affordable, and unchanged in taste, color, and shelf life after fortification.

RA 8976: Philippine Food Fortification Act of 2000

Approved November 7, 2000, RA 8976 created the Philippine Food Fortification Program covering all imported or locally processed foods for sale or distribution. Dietary supplements whose standards are already set by the DOH are not covered.

Two components:

1. Voluntary fortification (Sec. 5): under the Sangkap Pinoy Seal Program (SPSP), the DOH encourages fortification of processed foods based on its rules. Approved products may carry the Sangkap Pinoy Seal, which guides consumers to nutritious foods, and the DOH may charge reasonable fees. Manufacturers that fortify without applying for the seal must still follow DOH standards.
2. Mandatory fortification (Sec. 6): fortification of these staples, based on DOH standards:
   • Rice with iron
   • Wheat flour with vitamin A and iron
   • Refined sugar with vitamin A
   • Cooking oil with vitamin A
   • Other staple foods that the NNC may later require based on nutrition surveys

Key provisions:

• Manufacturers fortify; for imports, the foreign producer or the importer is responsible before sale.
• Mandatory fortification of wheat flour, refined sugar, cooking oil, and rice, including rice milled or distributed by the National Food Authority, began four years after the Act took effect.
• DOH Administrative Order No. 4-A (1995) and later DOH guidelines are the basis for adding micronutrients, to avoid over- or under-fortification and misleading claims.
• Labels must carry a "nutrition facts" statement showing the nutrients added and their quantities.
• Imported staples must comply at entry, at the end of manufacturing, and at all points of sale.
• Government agencies and manufacturers must set up quality assurance systems (Sec. 7).

Implementation and monitoring (Sec. 8):

• The DOH through the BFAD is the lead agency. BFAD became the Food and Drug Administration (FDA) under RA 9711 (2009).
• The NNC serves as the advisory board on food fortification and reviews the added micronutrients at least every five years, timed with the FNRI national nutrition survey or the PPAN assessment.
• LGU health officers, agricultural officers, nutritionist-dietitians, or sanitary inspectors help check that mandated foods are properly fortified and labeled.
• Industry submits annual reports to the DOH.

Support to manufacturers (Sec. 9): DTI helps with soft loans and technology upgrading; DOST develops and transfers fortification machines and technology; the Land Bank and the Livelihood Corporation give preferential loans; accredited laboratories provide nutrient analysis.

Noncompliance (Sec. 10): fortification levels that do not meet DOH requirements (unless justified and declared on the label), use of an unapproved fortificant, or a process that does not follow DOH standards.

Administrative sanctions (Sec. 11), after notice and hearing:

RA 8172: The ASIN Law (Act for Salt Iodization Nationwide)

Approved December 20, 1995, RA 8172 aims to eliminate micronutrient malnutrition, especially iodine deficiency disorders (IDD), through salt iodization. The Act describes IDD as a spectrum that reduces intellectual and physical capacity and may appear as goiter, mental and physical defects, and cretinism.

Main provisions:

• All producers and manufacturers of food-grade salt must iodize the salt they produce, import, trade, or distribute, following the form, fortificant, and method set by the BFAD (now FDA).
• Compliance was staggered by producer size: 1 year for large (more than 2,000 metric tons a year) and medium (more than 300 to 2,000 MT) producers, 2 years for small producers (more than 2 to 300 MT), and 5 years for subsistence producers (up to 2 MT).
• Food outlets, restaurants, and stores must make only iodized salt available to customers.
• Food manufacturers using food-grade salt must use iodized salt within 1 year, and they bear the burden of proving any harmful effect on product quality.
• Salt producers register with the BFAD, and salt must be truthfully labeled.
• LGU health officers and nutritionist-dietitians, or sanitary inspectors, monitor salt sold in markets and food establishments.
• For 3 years, the DOH was to provide free iodized salt to indigents in sixth-class municipalities.
• The NNC serves as the salt iodization advisory board and reports annually to Congress.
• Sanctions (Sec. 9): a fine of ₱1,000 to ₱100,000; officers acting beyond their authority are personally liable; violators face revocation of business permits and/or a ban of the product. The BFAD with LGUs imposes and collects the fines. The Act does not provide for imprisonment.

Technical notes: potassium iodate is the usual fortificant in hot, humid countries because it is more stable than potassium iodide. Rapid test kits give a quick qualitative check of iodine in salt, while titration in a laboratory measures the iodine content.

RA 11985: Philippine Salt Industry Development Act (2024)

Approved March 11, 2024, RA 11985 aims to revitalize the local salt industry. Its Section 24 states that, notwithstanding RA 8172:

• Iodization of artisanal salt, non-food-grade salt, and salt intended for export is optional.
• Food manufacturers and food establishments may use artisanal salt.
• Salt produced by salt farmers is not automatically food grade, and the burden of iodization is not on the farmers; processors iodize food-grade salt bought from farmers.
• Importers, traders, and distributors of imported food-grade salt that fortify must follow DOH iodization standards, and the DOH issues implementing guidelines.

For nutrition practice, this means iodized salt remains the main iodine source to promote, but some non-iodized artisanal salt is now legally sold and used, so education on choosing iodized salt matters.