Code on Sanitation of the Philippines (Presidential Decree No. 856)

Historical Significance and Legislative Background

  • Promulgation Date: The Code on Sanitation was promulgated on December 23, 1975December~23,~1975, by President Ferdinand E. Marcos under Presidential Decree No. 856856.
  • Historical Context: The Secretary of Health, Clemente S. Gatmaitan, noted that the Code arrived as a landmark in health legislation, consolidating scattered laws into a single updated volume. Efforts to codify health laws had existed for over 2020 years, spearheaded by figures such as Dr. Mariano Icasiano and Dr. Amadeo Cruz, but previous drafts failed due to political interests and legislative delays.
  • Ultimate Objective: The Code aims to improve the living standard of Filipinos by directing public health services toward the protection and promotion of health according to modern standards.
  • Collaborating Entities: Significant contributions came from the National Environmental Protection Commission, Metropolitan Water and Sewage System, Population Commission, and Departments of Labor, Natural Resources, Agriculture, Education, and Finance.

General Provisions and Institutional Authority

  • SEC. 1. Designation: This legislation is officially known as the "Code on Sanitation of the Philippines."
  • SEC. 2. Definitions:
    • Code: Code on Sanitation of the Philippines.
    • Department: The Department of Health (DOHDOH).
    • Secretary: The Secretary of Health.
    • Regional Director: An official residing over a Regional Health Office.
    • Local Health Authority: An official responsible for local health measures in a political subdivision.
    • Health Officer: Provincial, City, or Municipal Health Officer.
    • Engineer: A Sanitary Engineer.
  • SEC. 3. Functions of the Department:
    • Promote and preserve health standards across individuals and communities.
    • Extend services to rural and impoverished areas.
    • Coordinate preventive, curative, and rehabilitative health programs.
    • Upgrade medical practice standards and health research.
    • Issue permits for hospitals, clinics, schools of nursing, and laboratories.
    • Prescribe standard fee rates for medical and public services.
  • SEC. 4-7. Institutional Powers:
    • The Secretary is empowered to promulgate rules for implementation.
    • Bureau Directors develop plans and operating standards.
    • Regional and Health Officers enforce Code provisions within their jurisdictions.
  • SEC. 8. Operating Principles:
    • International Treaties: The Philippines recognizes international health treaties as part of the Code provided they do not conflict with the Constitution.
    • Command Responsibility: Vested duties are also the concern of superiors under this principle.
    • Condemnation: Owners are not entitled to compensation when property is seized in the interest of public health.
    • Language: Notices must be in English or Pilipino.

Water Supply Standards and Quality Control

  • SEC. 9. Prescribed Standards: Drinking water must conform to criteria set by the National Drinking Water Standards regarding bacteriological and chemical examinations.
  • SEC. 10. Jurisdiction of the Secretary: Approval is required for:
    • Sites of water sources before construction.
    • Delivery of water from new or repaired systems.
    • Re-operation after closure orders.
    • Water systems for subdivisions and housing projects.
    • Certification of potability.
  • SEC. 11. Required Examinations:
    • Initial: Physical, chemical, bacteriological, and radioactive contamination tests for new systems.
    • Periodic Bacteriological: Intervals must not exceed 6 months6~months.
    • Periodic Chemical: General systematic exams every 12 months12~months or oftener.
    • Periodic Radioactive: Conducted yearly.
  • SEC. 12. Laboratories: Examinations must use private or government laboratories accredited by the Department.
  • SEC. 13. Protective Measures:
    • Exclusion Radius: No washing, bathing, or construction of wells within 25 meters25~meters from a water source pollution source.
    • Radioactive Storage: Prohibited within 25 meters25~meters unless safely shielded.
    • Booster Pumps: Installation to pull water directly from distribution lines where pressure is low is prohibited.

Food Establishment Permits and Personnel Health

  • SEC. 14. Sanitary Permit: No person shall operate a food establishment without a permit from the local health office. The permit must be posted conspicuously.
    • Changes in ownership must be noted within 14 days14~days.
    • The city/municipality must maintain a record detailing the name, address, location, purpose, and renewal dates of all permits.
  • SEC. 15 & 19. Health Certificates: Employees must have a health certificate issued by the local health authority, granted only after physical/medical exams and immunizations at prescribed intervals.
  • SEC. 19. Food Handler Conduct:
    • Must wear clean working garments.
    • Cooks must wear prescribed caps; female employees must use caps or hairnets.
    • Must wash hands with soap and dry with clean/disposable towels immediately before working or after using the toilet.

Quality, Protection, and Storage of Food

  • SEC. 16. Sourcing and Temperature Control:
    • Meats and fish must be from sources under sanitary or veterinary supervision.
    • Radioactivity: Food sources must not be from areas affected by radioactive fallout.
    • Milk: Must be sterilized or pasteurized if not from approved sources and must be refrigerated.
    • Storage Temperatures:
      • Perishable/Hazardous foods: 45 ∘F (7 ∘C)45\,^{\circ}F~(7\,^{\circ}C) or below.
      • Cooked food (served hot): Not lower than 140 ∘F (60 ∘C)140\,^{\circ}F~(60\,^{\circ}C).
  • SEC. 28-29. Specialized Storage Categories:
    • Dry Stores (Non-Perishables): Recommended range of 50−60 ∘F (10−15 ∘C)50 - 60\,^{\circ}F~(10 - 15\,^{\circ}C).
    • Frozen Foods: Not more than 10 ∘F (−12 ∘C)10\,^{\circ}F~(-12\,^{\circ}C).
    • Meat and Fish: 32−38 ∘F (0−3 ∘C)32 - 38\,^{\circ}F~(0 - 3\,^{\circ}C).
    • Milk Products: 40−45 ∘F (5−7 ∘C)40 - 45\,^{\circ}F~(5 - 7\,^{\circ}C).
    • Fruits and Vegetables: 44−50 ∘F (7−10 ∘C)44 - 50\,^{\circ}F~(7 - 10\,^{\circ}C).
  • SEC. 29. Refrigerator Maintenance: Compartments must have thermometers with scale divisions no larger than 2 ∘F2\,^{\circ}F or 1 ∘C1\,^{\circ}C.

Structural Standards for Food Establishments

  • SEC. 17. Construction Requisites:
    • Floors: Concrete or impervious material, graded/drained. Angles between floors and walls must be rounded to a height of 3 inches (7.62 cm)3~inches~(7.62~cm).
    • Walls: Inner surfaces smooth and non-absorbent. Walls subject to splashing must be impervious to at least 79 inches (2 meters)79~inches~(2~meters) from the floor.
    • Ceilings: Dust-proof, washable, and light-colored in prep areas.
  • Lighting Intensities:
    • Food Preparation Areas: Minimum of 20 foot−candles20~foot-candles.
    • Dining Areas: Minimum of 5 foot−candles5~foot-candles.
    • Standard Measurement Point: 30 inches (76.20 cm)30~inches~(76.20~cm) above the floor.
  • Ventilation: Must prevent excessive heat, condensation, and odors. Mechanical ventilation requires airflow from a clean area.
  • Change Rooms: Separate rooms required if number of employees is 44 or more of either sex.
  • Wash-hand Basins: Must be supplied with hot and cold or tempered running water at a minimum of 100 ∘F (37.8 ∘C)100\,^{\circ}F~(37.8\,^{\circ}C).

Equipment, Utensils, and Bactericidal Treatment

  • SEC. 23. Prohibited Materials: Lead-soldered containers and cadmium-lined piping/fixtures are banned.
  • SEC. 24. Washing Procedure: Utensils must be cleansed in warm water at 120 ∘F (49 ∘C)120\,^{\circ}F~(49\,^{\circ}C) with soap or detergent.
  • SEC. 25. Approved Bactericidal Treatments:
    • Hot Water: Immersion for 12 minute\frac{1}{2}~minute at 170 ∘F (77 ∘C)170\,^{\circ}F~(77\,^{\circ}C).
    • Chlorine: Immersion for 1 minute1~minute in 50 ppm50~ppm solution.
    • Steam Cabinet: 170 ∘F (77 ∘C)170\,^{\circ}F~(77\,^{\circ}C) for 15 minutes15~minutes or 200 ∘F (93 ∘C)200\,^{\circ}F~(93\,^{\circ}C) for 5 minutes5~minutes.
    • Hot Air Cabinet: 180 ∘F (82 ∘C)180\,^{\circ}F~(82\,^{\circ}C) for at least 20 minutes20~minutes.
  • SEC. 26-27. Utensil Storage: Must be stored in wire racks or self-draining positions; cups and bowls must be inverted.

Vermin Control and Refuse Management

  • SEC. 20. Definition of Vermin: Includes flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice, and rats.
  • Exclusion: All outer openings must have screens of non-corrosive wire, 16-mesh16\text{-mesh} or finer.
  • Abatement Program: Owners must maintain programs; failure leads to government-supervised work at the owner's expense.
  • SEC. 22. Refuse Disposal:
    • Cans must be vermin-proof and kept tightly covered.
    • Storage must be separate from food-handling operations.
    • Cleaning spaces for cans must have high-pressure hot water/steam and scrubbing brushes.

Special Food Sector Provisions and Enforcement

  • SEC. 31. Evaluation Frequency: Health officers must inspect and evaluate food establishments at least every 6 months6~months.
  • Enforcement Actions:
    • Notice: Corrective orders within a specified time.
    • Revocation: If corrections are not made after a second "show cause" notice.
    • Suspension: Immediate if conditions pose a substantial hazard to public health.
  • SEC. 32. Specialized Provisions:
    • Groceries/Sari-Sari: Located at least 25 m25\,m from contamination sources.
    • Dairies: Forbidden to feed cows unwholesome food or graze on radioactive land.
    • Ice Plants: Only potable water allowed for manufacturing.
    • Ambulant Vendors: May only sell bottled drinks, biscuits, and confectioneries. Utensil-dependent food is prohibited.
    • Oysters: Must be grown in areas approved by the Secretary and Bureau of Fisheries; unauthorized oysters are confiscated.
    • Fish: Fish caught with explosives, chemicals, or in radioactive zones are prohibited.

Markets, Abattoirs, and Public Laundry

  • SEC. 34-35. Markets/Abattoirs:
    • Sites must allow for elimination of nuisances and have ample water.
    • Construction of living quarters within market premises is prohibited.
    • Abattoir waste disposal must be supervised.
  • SEC. 37-39. Public Laundry:
    • Requires a sanitary permit from the Secretary.
    • Hospital linens/infectious sources must be disinfected with hot water and detergents.
    • Radioactive linens must be monitored and allowed to decay before laundering.
    • Laundered diapers must be packed in sealed sanitary containers.

School Sanitation and Industrial Hygiene

  • SEC. 41. School Physical Environment:
    • Walls and ceilings must minimize glare.
    • Minimum lighting of 25 foot−candles25\,foot-candles in the darkest corner.
    • Grounds must allow for playgrounds and gardens.
  • SEC. 44. Special Schools: Cadaver storage in morgues, viral/bacterial culture security, and PAEC guidelines for radiation research.
  • SEC. 45-48. Industrial Hygiene:
    • Atmospheric Contaminants: Defined as levels tolerated by man for daily exposure without impairment. The Secretary issues lists of maximum concentrations.
    • Employer Duties: Provide PPE, conduct periodic hearing tests in noisy areas, and control atmospheric hazards.
    • PPE: Includes respiratory protectors and X-ray film badges or pocket dosimeters for radiation-exposed workers.

Public Lodging and Transportation Facilities

  • SEC. 51-53. Swimming/Bathing: Requires permit. Limiting "bathing loads" based on water treatment type.
  • SEC. 54. Bus Terminals/Rest Areas: Must accommodate a minimum of 30 persons30\,persons. Waiting sheds must have smooth concrete floors.
  • SEC. 55. Camps and Picnic Grounds: Tents must be at least 4 inches4\,inches above ground.
  • SEC. 58-62. Beauty and Massage Establishments:
    • Massage Clinic Attendants: Must finish a government-authorized training course and have a VD clearance.
    • Masseurs: Must be registered with the Committee on Examiners for Masseur.
  • SEC. 63-65. Hotels/Apartments/Condominiums:
    • Tenement House: Occupied by 44 or more families living independently with common halls/baths.
    • Rooms/cabins must be sanitized between occupants with fresh linen.

Sewage Collection and Excreta Disposal

  • SEC. 71. Definitions:
    • Public Sewerage System: Serves 25 persons25\,persons or more.
    • Septic Tank: Water-tight digestion receptacle; must be generally rectangular. First compartment capacity is 12\frac{1}{2} to 23\frac{2}{3} of total volume.
  • SEC. 75. Placement Standards: Septic tanks must be at least 25 meters25\,meters from any water supply and not under any building.
  • SEC. 77-78. Sewage Flow and Privies:
    • Flow computation: Each room in an edifice is considered occupied by 2 persons2\,persons.
    • Sanitary Privy: Earthen pit must be at least 1 meter1\,meter square and completely fly-proof.
  • SEC. 80. Radioactive Patients: Patients given high doses for therapy must have separate toilets and flush the bowl at least 3 times3\,times after use.

Solid Waste and Refuse Management

  • SEC. 81. Refuse Components: Includes garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings, and industrial wastes.
  • SEC. 83. Occupant Responsibilities:
    • Refuse must be stored in suitable containers provided by occupants.
    • Cleaning of streets is the responsibility of owners from the property line to the middle of the street.

Nuisances, Offensive Trades, and Pollution

  • SEC. 84-85. Nuisances: Anything that endangers life, offends senses, or produces discomfort. Includes public shanties, excessive noise, and breeding places for vermin.
  • SEC. 84(b). Offensive Trades: Soap boiling, guts cleaning, skin curing, scrap processing, and manufacturing involving lead, arsenic, mercury, or phosphorus.
  • SEC. 88. Specific Pollution Controls: Includes pesticides, heavy metals, non-ionizing radiation (lasers, microwaves), and food additives.

Disposal of Dead Persons and Cadaver Handling

  • SEC. 90. Burial Grounds: Must be at least 25 meters25\,meters from any dwelling and 50 meters50\,meters from any water supply.
  • SEC. 91. Burial Requirements:
    • Death certificates must be forwarded to the local civil registrar within 48 hours48\,hours.
    • Graves must be at least 1 and 1/2 meters1\,and~1/2\,meters deep.
    • Unembalmed remains must be buried within 48 hours48\,hours; for dangerous communicable diseases, burial must occur within 12 hours12\,hours.
  • SEC. 92. Disinterment:
    • Non-dangerous communicable disease: After 3 years3\,years.
    • Dangerous communicable disease: After 5 years5\,years.
  • SEC. 93. Embalming Establishments: Rooms must accommodate up to 5 bodies5\,bodies at once. Tables must be of marble or impervious material.
  • SEC. 94. Licensing: Undertakers and embalmers must pass a Department exam and pay an annual registration fee of P25.00P25.00.
  • SEC. 96. Donation of Human Organs: Authorized in writing by the donor in the presence of 2 witnesses2\,witnesses. Spousal consent is not required.
  • SEC. 98. Radioactive Cadavers: Must be labeled with the dose and type of isotope. Normal burial occurs only after radioactivity has decayed to a safe level determined by a Radiation Health Officer.

Final Provisions and Penalties

  • SEC. 102-103. Penal Sanctions:
    • General violations: Misdemeanor status. Penalties include imprisonment not exceeding 6 months6\,months, a fine not exceeding P1000.00P1000.00, or both.
    • Habitual or continued violation: Each day of practice constitutes a separate violation.
  • SEC. 104-106. Administrative Data:
    • Separability and Repealing Clauses included for legislative integrity.
    • Full effectivity enacted immediately upon signing, December 23, 1975December~23,~1975.