Republic of the *pines General Santos City OFFICE OF THE SANGGUNIA NG PANLUNGSOD

CHAMPIONS

EXCERPT FROM THE MINUTES OF THE 40 TH REGULAR SESSION OF THE 18 TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE

SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, MAY 23, 2017.

PRESENT:

Hon. Elizabeth B. Bagonoc Hon. Shirlyn L. Bafias-Nograles Hon. Alberto D. Pacquiao Hon. Jose Orlando R. Acharon Hon. Rosalita T. Nunez Hon. Dominador S. Lagare, Jr. Hon. Shandee Theresa L. Pestario Hon. Jose Edmar J. Yumang Hon. Vandyke B. Congson Hon. Ramon R. Melliza Hon. Lourdes F. Casabuena Hon. Brix T. Tan

City Councilor & Presiding Officer City Vice Mayor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor

ABSENT:

Hon. Franklin M. Gacal, Jr. City Councilor (OL)

WHEREAS, the increasing urban population growth of General Santos City has fueled the rising number of informal food vendors wherein busy people, along with the influx of students, migration of inhabitants from other regions, and jobseekers from rural areas have become regular patrons to this moving enterprise usually doing trade along city streets using improvised food carts/trailers/booths/stalls which can carry, transport and sell foods such as fish balls, squid balls, bananaques, rice or flour pancakes, sliced fruits, and the increasingly common "past/f', a rice meal topped with viand wrapped in banana leaves, and all sorts of ready-to-eat foodstuffs and drinks;

WHEREAS, the proliferation of informal food vendors bring some benefits particularly for busy and working persons who do not have time to cook such that they find some convenience in eating outside their homes, added with the cheaper cost compared to meals served in malls and restaurants; however, due to the communal nature of seller-consumer relations, health precautions are often undermined, thus, their continued operation pose several problems ranging from food contamination, poor hygienic practice of food handlers, the threat of food-poisoning, down to the highly-visible impact on the city's traffic congestion along busy thoroughfares;

WHEREAS, the City Government recognizes that most if not all of these Informal Food Vendors rely on vending as their source of livelihood to support their families and the city also recognizes that these Informal Food Vendors contribute to the local economy of the city;

WHEREAS, the Sanggunlan deems it necessary to devise proactive regulations that would protect the welfare not only of the informal food vendors, but more importantly, the consumers of street food, in order to safeguard every constituent from possible threat to health since all foods intended for human consumption must generally conform to the most fundamental government regulation — that all food, in this case street food, must be safe for human consumption at all times;

Ordinance No. 13, series of 2017

www.spgensantos.ph 083.552.9692

•

NOW THEREFORE, on motion of City Councilor Rosalita T. Nunez, duly seconded by City Councilors Alberto D. Pacquiao, Jose Orlando R. Acharon, Lourdes F. Casabuena and Brix T. Tan, be it-

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

ORDINANCE NO. 13 Series of 2017

AN ORDINANCE REGULATING THE SELLING OF STREET FOOD BY INFORMAL FOOD VENDORS IN THE CITY OF GENERAL SANTOS, PROVIDING FOOD SAFETY REGULATIONS, GUIDELINES AND PENALTIES THEREOF, AND FOR OTHER PURPOSES

Hon. Rosalita T. Nunez — Author/Sponsor Hon. Elizabeth B. Bagonoc, Hon. Jose Orlando R. Acharon, Hon. Alberto D. Pacquiao and

Hon. Ramon R. Melliza — Co-Authors/Co-Sponsors

Be it enacted by the Sangguniang Panlungsod City of General Santos that:

Section 1. Statement of Policy. — The City Government of General Santos strongly advocates the State policy of protecting and promoting the right to health of the people and instill health consciousness among them, as expounded in Section 15, Article II of the 1987 Philippine Constitution.

Section 2. Short Title. — This ordinance shall be known as the "Informal Food Vendors Ordinance of General Santos City".

Section 3. Definition of Terms. — As used in this ordinance, the following terms shall mean:

a) Food business — refers to any undertaking, whether public or private, that carries out any of the activities related to, or any of the stages of the food supply chain.

b) Food business operator — refers to a person engaged in the food business.

c) Food borne illness — shall mean the disease caused by agents that enter the body through the ingestion of food.

d) Food hygiene — shall mean the appropriate measures and conditions necessary to control hazards that could lead to food-borne illnesses.

e) Food safety — shall mean the assurance that food will not cause harm to the consumer when it is prepared or eaten according to its intended use.

f) Food Safety Officer/Sanrtary Inspector — shall refer to professionally-qualified and properly trained officer appointed by the City Government who shall inspect, check and monitor informal food vendors.

g) Food Safety Regulat, System — refers to the city's joint regulations, food safety standards, inspection, testing, data collection, monitoring and other related activities that will be carried out by the Food Safety Officer/ Sanitary Inspector.

Ordinance No. 13, series of 2017 Page 2 1161'

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• • h) Food supply chain — refers to all stages in the production of food; from

handling, distribution, processing and preparation for human consumption; preparation shall mean the cooking or other treatments to which food is subjected prior to its consumption.

i) Good hygienic practices — shall refer to all practices regarding the conditions and measures necessary to ensure the safety and sustainability of food at all stages of the food chain.

j) Informal food vendor — shall mean any person engaged in vending street foods, maybe stationary or ambulant and moving around the city from place to place.

k) Informal sector — is a term widely applied to describe loosely organized and often non-enumerated economic activities in the rapidly-growing cities of the developing world.

I) Junk food - refers to prepackaged snack food high in calories but low in essential nutrients and high in salt, refined carbohydrates or saturated fats such as salted snack foods, candy, gum, sweet desserts, fried fast food and carbonated drink.

m) Mobile canteen/informal food vending stall/cart/trailer/booth — shall refer to the structure used by informal food vendors, usually with wheels or motorcycle or bicycle-driven used by informal vendors made in such a way that it can handle and transport street food items from place to place.

n) Pastil — refers to a rice meal with halal chicken or fish viand wrapped in banana leaves.

o) Street food — shall refer to any prepared cooked and ready-to-eat food sold by vendors for immediate consumption, via hand-carry food bags, portable food booth, food trailers/cart, or makeshift mobile canteen displayed in a street or other public location, e.g., fish balls, fried chicken meat, chicken feet, "isaw" or small intestines, bananacue, kamotecue, turon, maruya, siomai, pork/chicken barbeques, rice cakes (bibingka), pancakes, "pastil" or rice meal topped with viand wrapped in banana leaves, assorted viand in plastic container/cellophane, all sorts of meals and snacks, sliced fruits like guava, mango, papaya, turnip (singkamas), and all sorts of assorted fruit-flavored drinks in container jugs.

Section 4. Scope and Coverage. — This Ordinance shall cover all informal food vendors operating within the territorial jurisdiction of the City of General Santos. As such, it shall not include vendors of similar foods who have established business locations and are presumed to have permits and are paying appropriate business taxes to the City Government.

Section 5. Objectives. — With due allegiance to the State policy of protecting and promoting the right to health of the people and instill health consciousness among them, the City Government shall adopt the following objectives:

Ordinance No. 13, series of 2017 r. Page 3

• • a) To protect the general public from possible occurrence of food-borne

illnesses and food poisoning due to consumption of street food;

b) To ensure that informal food vendors and their food handlers are free from any contagious diseases, i.e. hepatitis, tuberculosis, or such other illnesses that that can be transmitted from human-to-human.

c) To determine the "safeness for human consumption" on all street food sold in the City;

d) To enhance consumer confidence, particularly those who patronize street food, towards upgrading the City's food regulatory system;

e) To improve the quality of food business products, food business operators, including the selling of food products to be sold as street food;

f) To inculcate among informal food vendors the importance and indispensability of good hygienic practices, which thru government regulations and educational drives, will make their street food enterprise more safer;

g) To enhance and strengthen the existing food safety regulations of the City of General Santos;

h) To initiate plans to upgrade/improve the condition of informal food vendors particularly their food preparation and hygienic practices, means of storage, transportation and over-all appearance of their food booth/carts/ trailers/stalls that would be more decent or appealing to the general public;

i) To set a precursor for the implementation of more proactive and doable regulations, thereby, making the street food industry a viable source of livelihood, giving opportunity to existing and would-be vendors to improve their enterprise as safe and duly-recognized food establishments of the city; and

j) To further set a basis for widening the scope of the City's Food Safety Regulatory System, including future food safety ordinances/regulations which shall later include all food catering services operating in General Santos City.

Section 6. Implementation. - To carry out the foregoing objectives, the City Government, particularly the Chief Executive, in coordination with the City Health Office (CHO) shall designate a task force composed of the Food Safety Officer/Sanitary Inspector from the City Health Office along with the qualified personnel from the City Environment and Natural Resources Office and Waste Management Office and Permits and Licenses Division who shall be tasked to fulfill such objectives herein enumerated:

a) Initiate the mandatory registration of all informal food vendors, operators of vending stalls and makeshift mobile canteens doing business of selling street food within the city;

b) The task force shall require all Informal Food Vendors to secure a Special Permit from the Permits and Licenses Office;

Page 4 Ordinance No. 13, series of 2017

• • c) Upon registration of subject vendors, secure a health certificate from the

City Health Office, which shall include a pre-requisite medical, biological and laboratory tests; feces analysis, analysis of urine and blood, analysis of sputum, skin test reaction (tuberculosis), and x-ray;

d) Require all registered informal food vendors to undergo such medical, biological and laboratory tests to be done every twelve (12) month;

e) Implement ID system and uniforms for all registered informal food vendors in the city;

f) Regularly monitor proper compliance of informal food vendors on all regulations specified in this Ordinance;

g) Require all informal food vendors to wear hairnet and face mask and those who are handling food should wear gloves;

h) Monitor proper compliance of informal food vendors on all regulations specified in this Ordinance;

) Implement the provisions of a convenient water source/potable water that will be accessible to all informal food vendors where they can appropriately wash their hands, in line with their activities of preparing and selling street food to the public;

j) Adopt all national laws, decrees, issuances appurtenant/relevant to this Ordinance;

k) Require all applicants for a special business permit as an informal food vendor to attend seminar workshop scheduled by the City/Food Safety Officer/Sanitary Inspector.

Section 7. Qualifications/Requirements for Registration. — In the implementation of this Ordinance, the following qualifications/requirements for registration shall be observed:

a) Bona-fide residents of General Santos City shall be the priority for registration.

b) Accomplishment of proof of residency, which shall be further verified and confirmed thru the following:

1) Submission of photocopy of either Voter's ID or certification from the COMELEC. The original copy of the same shall be presented for added verification if so required.

2) Submission of original copy of Barangay Clearance.

3) Actual inspection of residence to be conducted by the City's authorized personnel.

c) All registered informal food vendors/mobile canteen operators who have complied and passed the qualifications/requirements specified in this Ordinance shall be given a leeway/time frame of one (1) month to apply for a special business permit to be determined by the Permits and Licenses Division of the City Mayor's Office.

Ordinance No. 13, series of 2017 Page 5

• • d) All existing informal food vendors/mobile canteen operators within the City

shall be given ample time to comply the requirements set under this Ordinance. As such, their compliance shall be a way in for them to be considered as legitimate business operators in the future, thus, paving way for the City Government to collect income taxes afterwards; otherwise, failure to do so shall compel the City Government to list them as "unauthorized to operate" subject for appropriate penalty(s).

Section 8. Guidelines for Informal Food Vendors Authorized to Operate in the City. -

a) The number of informal food vendors allowed to operate in the City shall be limited to a certain number which shall be aptly determined by the City Mayor's Office/or its duly deputized division.

b) One (1) permit per family or only one stall will be allowed per special permit holder or every family.

c) The areas/designated places for authorized informal food vendors shall be identified by the Office of the City Mayor, City Planning-Zoning Officer or City Traffic Officer. As such, they shall be spotted in places where they would not obstruct or jam the city's traffic flow, or cause some inconvenience to the general public. In no case shall a sidewalk or any part of the road right of way be designated as stationery area for vending.

d) Use of utensils shall be separate for raw foods, e.g., chicken and pork meats, chicken innards like "isaw", and hotdogs, and another clean separate set for slicing/preparing cooked or dried street foods for example bread or sandwiches, pancakes, etc.

e) Street food handlers are required to use sanitary gloves or head gears or hairnet duly approved by the Food Safety Officer/Sanitary Inspector every time they prepare food items. Cooking of street food shall be done using liquefied petroleum gas (LPG) or other fuel which conforms to the safety standards of the City. No cellophane shall be used to contain hot food.

f) The specifications, size and design of food stall/trailer/cart/booth to be used by informal food vendors shall conform to the standards set by the Task Force. It shall be inspected from time to time, or randomly, by the Food Safety Officer/other authorized Task Force Personnel, as to its condition and reliability to cater safely to the street food-patronizing public;

g) Informal food vendors manning their respective business stalls shall wear their prescribed uniforms, complete with IDs and Health Certificate at all times.

h) The quality of street food being sold or displayed by the informal vendors shall be subject to inspection by the Food Safety Officer/Sanitary Inspector authorized representative at any given time.

i) All identified areas of operations for informal food vendors/mobile canteen operators shall be subject to change at any given time, should circumstances arise where the City Government necessitates their use for some other important purposes, hence, the constant mobility of these informal vendors. Designated/authorized personnel of the City Government shall be assigned to implement such changes of location for informal vendors/mobile canteens. ,

Ordinance No. 13, series of 2017 Page 6

• • j) Aside from street food items, informal food vendors are allowed to sell the

following goods, provided the same shall not adulterate or spoil their preparation and service to their customers, viz:

1) cell phone e-loads and pre-paid phone cards; 2) candies, peanuts, chewing gums, and confectioneries; and 3) soft drinks, juices in tetra packs and bottled water

k) Informal food vendors are not allowed to sell junk food within fifty (50) meters from the vicinity of any school/educational institution.

I) For aesthetic and uniformity purposes, the number of food trailers/booth, cart table/mobile canteen shall be limited in number and fabricated according to a design approved by the City. All authorized food trailers must have a plate number issued by the City Treasurer's Office.

m) Operating Hours of the informal food vendors/mobile canteen operators shall be:

1) Along Pioneer Avenue: 6:00 P.M. to 4:00 A.M. 2) Near schools: 5:30 A.M. to 6:00 P.M. 3) Private vacant lots: 5:30 A.M. to 6:00 P.M. 4) Government vacant lots: 5:30 A.M. to 6:00 P.M..

These time schedules are subject to change depending on the need to protect the interest of the public. Informal vendors near the schools are prohibited to sell their goods within 50 meters away from the vicinity of the school.

n) In the case of food trailers, no street food shall be served and permitted to be consumed inside the food trailer. Serving and consumption of the food shall be done in the counter so provided for the purpose, and in such a manner that the roadway/sidewalk is not obstructed. Extra benches, chairs, stools and tables apart those provided in the food trailer shall not be allowed therein and/or on the roadway/sidewalk.

o) The City Government shall not be liable or responsible for any loss of property inside or within the food vendors' premises.

Section 9. Prohibited Acts for Informal Food Vendors. -

a) Occupying any portion of road right of way;

b) Improper disposal of wastes, throwing of left-over foods, used oil, cellophanes, plastic bottles, etc., to drainage canals and sidewalks; improper segregation of garbage which is in violation of wastes segregation policies of the City;

c) Not maintaining proper garbage bins within their designated area of operation, and/or not conforming to waste segregation program of the City;

Page Ordinance No. 13, series of 2017

• • d) Improper draining/disposal of utilized/waste water; water to be flushed

through drainage manholes should not contain any solid matters, more so, any non-bio-degradable materials;

e) Washing of cooking wares, utensils and food containers along roads and sidewalks;

f) Use of eating utensils which are not disposable. Metal cooking wares, kitchen knives and ladles shall be allowed provided it shall pass the inspection of the Food Safety Officer;

g) Bringing of pets, e.g., dogs, cats, live fowls, or any other live animals;

h) Smoking tobacco, chewing tobacco, drinking alcoholic beverages, gambling and other illegal activities;

i) Illegal tapping of electricity and water supply. Improvised lighting facility shall be the responsibility of the informal food vendor/mobile canteen operator, provided it shall conform to the safety standards of the City. Clean/potable water supply shall be the responsibility of the street food/mobile canteen operator;

J) Operating in a very loud manner, or under untolerable decibel, radio sets/portable -Ns/sound systems that would annoy/displease the general public, however, radio sets, portable -Ns/sound system may be allowed with the sound volume or decibel as approved by the person in authority. Video K is strictly not allowed;

k) Urinating, defecating, vomiting and spitting within their area of operation;

I) Other than street food items, selling of the following is strictly prohibited:

1) any alcoholic drinks and cigarettes; 2) pornographic CDs, DVDs, and/or any other reading or multi-media

materials; 3) clothes and clothing materials, i.e., t-shirts, pants, dress, etc. 4) novelty items such as toys, ornaments, pieces of jewelry, etc. 5) all kinds of tools and hardware supplies; 6) office and school supplies; 7) illegal and prohibited drugs; and 8) any live animals for pets, e.g., puppies, cats, birds, or other exotic

animals.

m) Storing highly-flammable materials in unsafe containers, i.e. gasoline, kerosene, crude oil, oil-based paints, lighter fluids, and other petroleum-based products;

n) Posting of advertisements/announcements, posters, signage not related to the food products being sold, unless they are duly-approved by proper authorities;

o) Alteration/modification/resizing of duly-prescribed food trailer/food stall/cart, unless approved by proper authorities;

Ordinance No. 13, series of 2017 Page 8

• Section 10. Authority of the Mayor. — The City Mayor is hereby authorized to

issue additional rules and regulations, if necessary, to effectively implement this Ordinance.

The City Mayor may order the City Engineering Office to make a design for food trailers as agreed by the food vendors.

Section 11. Penalty Clause. — Any person found to have violated any provision of this Ordinance shall be penalized as follows:

1st Offense - A fine of One Thousand Pesos (P 1,000.00) plus warning 2 nd Offense - Cancellation of the Special Business Permit

Section 12. Repealing Clause. - All previous ordinances, rules and regulations inconsistent with this Ordinance shall be deemed repealed or modified accordingly.

Section 13. Separability Clause. - If for any reasons any part or provisions of this Ordinance shall be held unconstitutional or invalid, other parts of provisions thereof which are not affected thereby shall continue to be in full force and effect.

Section 14. Effectivity. — This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation within the City.

Enacted by the 18 th Sangguniang Panlungsod, City of General Santos on its 40 th Regular Session held on May 23, 2017.

CERTIFIED CORRECT:

ATTY. ROSENDO A. ROQUE Secretary to the Sanggunian

ATTESTED BY:

ELIZAB City Co

H B. B ncilor a

NOC, MDMG, DPA esiding Officer

Approved by His Honor, the City Mayor on Jone , 2017.

RONNEL C. RIVERA, City Mayor

Ordinance No. 13, series of 2017 Page 9