IRR of Chapter XVI of P.D. No. 856 (September 22, 1997)

(NAR) VOL. 9 NO. 2 / APRIL - JUNE 1998 [ DOH, September 22, 1997 ] IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XVI — "VERMIN CONTROL" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856) To carry out the provisions of Chapter XVI — "Vermin Control” of the Code on Sanitation of the Philippines (P.D. 856), these rules and regulations are hereby formulated for implementation and strict compliance of all concerned. SECTION 1. SCOPE — These implementing rules and regulations shall apply to all urban pest control operators, urban pest control applicators, and owners, operators or administrators of land, places, buildings, residences, public places, public places establishments, food establishments, ports, airports, vessels, aircraft, or any other means of conveyances, and other similar establishments. SECTION 2. DEFINITION OF TERMS — As used in these rules and regulations, the following terms shall mean: 2.1 BIODEGRADATION — a process in which a material is decomposed by microbiological organisms or enzymes. 2.2 BIOLOGICAL CONTROL — a pest control method which utilizes predators, parasites and natural enemies of pest species to reduce or eliminate pest population. 2.3 CHEMICAL CONTROL — a pest control method which utilizes rodenticides, insecticides, larvicides and pesticides. 2.4 DISINFESTATION — any measure taken to kill the vermin present in land, places, buildings, residences, conveyances and establishments. 2.5 ENVIRONMENTAL SANITATION CONTROL — the maintenance of cleanliness of the immediate premises and proper building construction and maintenance so as to prevent access of pests into human dwellings. 2.6 FUMIGATION — the act of applying, releasing or dispensing a toxic chemical so that it reaches the target organism primarily or wholly in gaseous state. 2.7 HEALTH CERTIFICATE — a certification in writing using the prescribed form issued by the city/municipal health officer to a person after passing the required physical and medical examinations and immunizations. 2.8 INFESTATION — the presence within or around a building, place or conveyance of any insect, rodent or other pests.2.9 INSECTS — flies, mosquitoes, cockroaches, bedbugs, fleas, lice, ticks, ants and other insects that are of public health significance. 2.10 INTEGRATED CONTROL — controlling pests through the use of several different methods and procedures which are used to complement each other. These procedures may include the use of pesticides, environmental sanitation measures, natural as well as mechanical and biological control methods. 2.11 LOCAL HEALTH AUTHORITY — an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For a province, the local health authority is the governor and for a city or municipality, the local health authority is the mayor. 2.12 LOCAL HEALTH OFFICER — the provincial, city or municipal health officer. 2.13 MECHANICAL CONTROL — a pest control method which utilizes mechanical devices like rodent traps, fly traps, mosquito traps, air curtain and ultra- violet light. 2.14 NATURALISTIC CONTROL — a pest control method which utilizes nature and nature's systems without disturbing the balance of nature. 2.15 PEST — any destructive or unwanted insect or other small animals (rats, mice, etc.) that causes annoyance, discomfort, nuisance or transmission of disease to humans and damage to structures. 2.16 PESTICIDES — any substance or product, or mixture intended to control, prevent, destroy, repel or mitigate, directly or indirectly any pest. 2.17 PLACE — land, building, residence, pier, watercraft, aircraft or any means of conveyance. 2.18 PUBLIC PLACES — parks, plazas, picnic grounds, camps, roads, cemeteries and memorial parks, terminals, rest areas, and other open fields and enclosed areas of public assembly. 2.19 PUBLIC PLACES ESTABLISHMENTS — hotels, motels, dormitories, lodging and boarding houses, tenement houses, apartels, condominiums, hospitals, libraries, museums, offices, malls, markets, supermarkets, movie houses, and other similar institutions. 2.20 REGIONAL DIRECTOR — an official who heads a Department of Health regional health office. 2.21 RODENTS — small mammals such as rats, mice, characterized by constantly growing incisor teeth used for gnawing or nibbling. 2.22 RODENTICIDE — chemicals or other preparations used to destroy rats. 2.23 SAFETY — the condition of being free from danger and hazard which maycause accident or disease. 2.24 SANITARY ENGINEER — a person duly registered with the Board of Examiners for Sanitary Engineers (Republic Act 1364) and who heads the sanitation division/section/unit of the provincial/city/municipal health office or employed with the Department of Health or its regional health offices. 2.25 SANITATION INSPECTOR — a government officer, employed by the national, provincial, city or municipal government, who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of the provincial/city/municipal health officer/sanitary engineer. 2.26 SANITARY PERMIT — the certification in writing of the city or municipal health officer or in his absence the chief or head of the sanitation division/section/unit that the establishment complies with the existing sanitation requirements upon evaluation or inspection conducted in accordance with Presidential Decree Nos. 522 and 856 and local ordinances. 2.27 SECRETARY — the Secretary of Health. 2.28 TRADITIONAL PESTICIDES — plant extracts or plant substances that are used to control pests. 2.29 URBAN PEST CONTROL — pest control activities in all habitable areas but not to include agricultural pest control activities. 2.30 URBAN PEST CONTROL APPLICATOR — any individual who uses or supervises the use of pesticides or any other methods or services for urban pest control or implementation of a vermin abatement program. 2.31 URBAN PEST CONTROL OPERATOR — refers to establishments or entities engaged in the application of pesticides or any other methods or services for urban pest control or implementation of a vermin abatement program. 2.32 VECTOR — any organism which transmits infection by inoculation into the skin or mucous membrane by biting; or by deposit of infective materials on the skin or food or other objects; or by biological reproduction within the organism. 2.33 VERMIN — a group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice, rats and others which are vectors of diseases. 2.34 VERMIN ABATEMENT PROGRAM — a series of preventive and control activities or procedures to eliminate or reduce the presence of vermin in land, public places, public places establishments, buildings and residences, food establishments, markets, ports, airports, vessels, aircraft or any means of conveyances, and other similar establishments. SECTION 3. SANITARY PERMIT REQUIREMENTS 3.1 No urban pest control operator shall be engaged in urban pest control activitieswithout a sanitary permit issued by the local health officer. The establishment shall employ an accredited urban pest control applicator as a requirement for the issuance of sanitary permit. 3.2 Any extension or additional construction in an establishment shall require a sanitary permit before it could be operated. 3.3 Application or renewal of sanitary permit 3.3.1 The application or renewal of sanitary permit shall be filed with the city/municipal health office having jurisdiction over the establishment. 3.3.2 Sanitary permit shall be issued only upon compliance to at least a satisfactory rating utilizing the sanitary inspection form (EHS Form No. 103-A). 3.3.3 Fees shall be paid upon application, renewal and noting of sanitary permit. The amount of fees shall be set through city or municipal ordinance. 3.4 Noting of Permit. — If there is a change of ownership of the establishment, the new owner shall apply to the city/municipal health office within fourteen (14) days to have such change noted in the records and permit certificate and shall pay the corresponding fee in respect of such noting. 3.5 Validity. — The sanitary permit shall be valid for one (1) year, ending on the last day of December of each year, and shall be renewed every beginning of the year, thereafter. Upon the recommendation of the local health officer to the local health authority, the sanitary permit shall be suspended or revoked upon violation of these rules and regulations. 3.6 Posting of Permit. — The sanitary permit shall be posted in a conspicuous place of the establishment for public information and shall be available for inspection by health and other regulatory personnel. 3.7 Record of sanitary permit. 3.7.1 Every city/municipality shall keep a record of all establishments which have been issued sanitary permit and renewal thereof. 3.7.2 The record shall in every case show the following: a) The name and address of the holder of the sanitary permit; b) The location of the establishment; c) The nature or kind of business for which the permit has been issued; d) The date the first permit was issued and the dates of any renewal thereof;e) Every change of ownership of the establishment since the first permit was issued; f) Sanitary conditions under which the permit was issued or any renewal thereof granted; and g) The revocation of the sanitary permit. 3.7.3 The record shall be available at all reasonable times for inspections by any authorized officer of the Department of Health or local government unit. SECTION 4. HEALTH CERTIFICATES 4.1 No person shall be employed by the urban pest control operator without first securing a health certificate (EHS Form 102-B) from the city/municipal health officer of the locality where the establishment is located. 4.2 The health certificate shall be clipped visibly in the upper left front portion of the uniform and bear the picture of the employee while working. 4.3 The health certificate shall be renewed at least every year. 4.4 Health certificates are non-transferable. SECTION 5. ACCREDITATION AND LICENSING OF URBAN PEST CONTROL SERVICES 5.1 Licensing of urban pest control operator 5.1.1 Establishments which are engaged in commercial application of pesticides for purposes of urban pest control shall be licensed, as currently practiced, in accordance with the requirements of Presidential Decree No. 1144 (Creating the Fertilizer and Pesticide Authority and Abolishing the Fertilizer Industry Authority), its implementing rules and regulations and specific guidelines and procedures. 5.1.2 Establishments which are engaged in the commercial application of pesticides for purposes of urban pest control shall be required to hire an accredited urban pest control applicator in every main office or branch as a requisite for the issuance of sanitary permit for their main office and branch offices. 5.2 Accreditation of urban pest control applicator 5.2.1 Pesticide applicators in establishments which are engaged in urban pest control service shall be accredited, as currently practiced, in accordance with the requirements of Presidential Decree No. 1144, its implementing rules and regulations and specific guidelines and procedures.5.2.2 An accredited urban pest control applicator must have direct supervision over the service technicians and workers. The actual presence of the accredited applicator shall be required during application of pesticides by the service technicians or workers. 5.2.3 Establishments, institutions or entities with in-house capability for urban pest control services as well as national and local government agencies providing such services as part of they functions, programs or strategies shall have their designated staff accredited as required. SECTION 6. GENERAL HEALTH AND SAFETY PROVISIONS 6.1 The urban pest control operator shall be required to provide the following: 6.1.1 Annual medical check-up for its urban pest control applicator, technician, workers and other personnel. 6.1.2 Personal protective equipment (PPE) for personnel engaged in urban pest control services. 6.1.3 First aid and pesticides safety training at the beginning of employment followed by training programs at regular intervals. 6.1.4 Advanced plans and procedures for handling or referral of accidents and casualties. 6.1.5 An area for first aid procedures, emergency facilities, equipment and supplies. 6.1.6 Separate storage facilities for pesticides in all its branches. 6.1.7 Adequate water supply and washing facilities for cleaning the premises and equipment as well as enough lavatories and bathrooms for the workers. 6.2 No poison baits shall be exposed in food processing, food manufacturing, food establishment, food storage and other places selling and serving or storing food like hospitals, hotels, eateries, etc. 6.3 Spraying with chemicals or pesticides shall be done only on approved and defined sprayable surfaces or areas. 6.4 The urban pest control applicator/s employed by the operator shall provide technical supervision to technician and workers during pest control operation. 6.5 Pesticides and their containers shall be disposed by the process of chemical alteration, by burying, incineration and wastewater treatment systems equipped to treat such wastes. Pesticides shall not be flushed down to sanitary sewers. 6.6 Every vehicle or conveyance transporting pesticide materials shall carry an emergency water supply for washing off corrosive and toxic materials, facilities forwashing eyes, such as fixed or portable eyewash fountains, all purpose gas masks, goggles and protective clothing (gloves, boots, coat, etc.) for protection. Disposal of wastewater shall be in accordance with Chapter XVII — "Sewage Collection and Disposal, Excreta Collection and Drainage" of the Code on Sanitation of the Philippines (P.D. 856). 6.7 Every container of pesticide shall be appropriately, permanently and legibly labeled at all times and any transfer from original containers to another shall be prohibited. In cases where it is not possible, it shall be transferred to small container, provided proper precautions and labeling are observed. SECTION 7. GENERAL REQUIREMENTS FOR VERMIN ABATEMENT PROGRAM 7.1 A vermin abatement program implemented at the local level shall include the following strategies: 7.1.1 it must be community wide and community participated; 7.1.2 it must be technically coordinated; 7.1.3 it must be continuing; 7.1.4 it must be basically a partnership between the private and the government sectors; and 7.1.5 Preferably utilize indigenous technology and resources to attain self-reliance. 7.2 A vermin abatement program shall include any or a combination of the following vermin control methods as maybe necessary: 7.2.1 Environmental sanitation control; 7.2.2 Naturalistic control; 7.2.3 Biological and genetic control; 7.2.4 Mechanical and physical control; 7.2.5 Chemical control; and 7.2.6 Integrated control. 7.3 A vermin abatement program in all establishments and places shall be maintained by the owners, operators or administrators. If they fail, neglect or refuse to maintain a vermin abatement program, the local health authority will undertake the work at the expense of the owners, operators or administrators. 7.4 The integrated control approach or alternative use of traditional pesticides in vermin control shall be developed and applied whenever feasible to reduce relianceon the use of dangerous pesticides and other toxic chemicals. 7.5 It shall be unlawful to have, keep, maintain, cause or permit any collection of standing water or flowing water, wastes and other harborages in which vermin maybe propagated. 7.6 The procedure and frequency of vermin abatement program maintained in the locality, establishments or places shall be determined by the local health officer using vermin density survey or disease surveillance data, among others, as basis. 7.7 The National Quarantine Office has jurisdiction in international airports and ports of entry and shall implement the national quarantine rules and regulations and the International Health Regulation of the World Health Organizations. The local health office shall be responsible for the sanitation of sub-port/s except for inspections and clearance of foreign vessels which remain under the jurisdiction of the National Quarantine Office. 7.8 A vermin abatement program under the supervision of the local health office shall be maintained for public places operated by the local government unit. 7.9 The use of pesticides in vermin abatement program shall be carried out only under the supervision of a licensed urban pest control operator/accredited urban pest control applicator. 7.10 Community fogging or spraying operations shall be done on selective basis under, but not limited to, the following circumstances or conditions: epidemics/calamities, evacuation areas, preparatory to holding massive public assemblies (jamboree, youth camps, etc.), high vermin density areas, etc. SECTION 8. REQUIREMENTS FOR VERMIN ABATEMENT PROGRAM IN PUBLIC PLACES — Control measures and methods shall be one or more of the following: 8.1 For Insects 8.1.1 Larviciding and other biological control methods. 8.1.2 Improvement, removal, recycling, elimination or cleaning of potential harborages and breeding areas for vermin such as unsanitary toilets, animal manure, open garbage containers, garbage dumping places, open sewers, drainage and other decaying organic matters from open fields. 8.1.3 Destruction of adult insects by fogging, misting, residual spraying, dusting, poisoning, trapping and swatting. 8.1.4 Warding off and repelling adult insects by utilizing botanical, electrical and biological methods. 8.1.5 Proper maintenance of wastewater drains, storm water canals and regular declogging of sewers, and waterways (esteros, canals, streams, brooks, etc.).8.1.6 Screening/trapping of solid wastes, skimming of floating debris and removal of underwater debris of all tributary outlets. 8.1.7 Covering, screening (mosquito net gauge no. 16 wire mesh), or decanting (every seven days) of all water stock containers. 8.1.8 Changing of water in flower vases every three (3) days. 8.1.9 Spraying the surface of drainage canal water, stagnant pools or other running water with larvicides once every seven (7) days or as often as necessary to prevent the propagation of mosquitoes therein. 8.1.10 Filling or cleaning of potential egg-laying areas such as cracks and crevices. 8.1.11 Preventing the accumulation of water in containers such as tin cans, tin boxes, broken or empty bottles, old tires and similar articles. 8.1.12 Providing insect egg traps for dark areas. 8.1.13 Covering of exposed foods and food materials. 8.1.14 Maintenance of the general cleanliness of buildings and premises. 8.2 For Rodents 8.2.1 Rat proofing of all buildings. 8.2.2 Eliminating harborages and breeding places including access to food supplies, water, nesting sites/materials. 8.2.3 Providing simple inexpensive traps like egg traps, spring traps or other similar mechanical means. 8.2.4 Providing rat-proofed garbage containers for the disposal of solid wastes. 8.2.5 Trimming all tree branches likely to harbor rats. 8.2.6 Applying rodenticide with provisions for emergency instruction in the packaging. 8.2.7 Using natural predators such as cats, dogs, snakes and birds of prey where applicable. SECTION 9. REQUIREMENTS FOR VERMIN ABATEMENT PROGRAM IN PUBLIC PLACES ESTABLISHMENTS 9.1 All public places establishments shall keep a tight fitting screen for processed foods that attract insects and shall not keep in the premises owned, leased, or occupied by them, any article, substance, or thing of whatever kind, nature or description in which flies, rats and roaches may breed. They shall use odor control methods to prevent attracting vermin.9.2 In public places establishments where food is handled, sold and served, insect and fly-proofing facilities such as air curtain, gauge no. 16 wire mesh screen and other food display cabinet shall be provided. 9.3 Overflow pipe of elevated and ground level water tanks shall be covered with at least gauge no. 16 wire mesh screen. 9.4 Septic tanks shall be water tight and clean outs shall be fitted with screens. Effluent from septic tank shall not be discharged into curbs, open canals or storm drainage system. 9.5 Discharging of sullage in curbs, open canals or street gutters is prohibited. All kitchen waste shall be provided with grease traps. 9.6 Branches of trees growing close to a building shall be trimmed/cut to prevent easy access of rodents. 9.7 Biodegradable wastes shall be stored and collected in rat-proofed containers with tight fitting lids and shall be managed, segregated or disposed separately from non- biodegradable wastes. SECTION 10. REQUIREMENTS FOR VERMIN ABATEMENT PROGRAM IN FOOD ESTABLISHMENTS AND FACILITIES 10.1 Door and window screening or rat proofing shall be constructed and maintained as to exclude vermin in food establishments. 10.2 All openings which connect to the outer air shall be effectively protected with screen of non-corrosive gauge no. 16 wire mesh or finer, or with the use of air curtain. Door screens shall be tightfitting and self-closing. 10.3 During actual deratting, fogging, spraying and disinfecting operations, all foodstuffs, utensils, food preparations and cleaning equipment shall be covered properly to protect them from toxic chemical contamination. 10.4 Provision of separate storage facilities for pesticides, soaps, and chemicals shall be provided and located far from food and food utensils. 10.5 Decaying vegetables and garbage shall be disposed daily. 10.6 Proper garbage disposal shall be maintained. Rat-proofed garbage containers shall be provided for the disposal of solid wastes. 10.7 Residual spraying inside the food establishments shall be made only as the need arises. 10.8 During emergencies, the use of physical control measures such as electrical devices, miniflame throwers and flooding of exclusive breeding grounds shall be allowed, provided it will not cause nuisance and danger to the public.10.9 The release of vermin and dissemination of pathogenic organisms shad be undertaken only in controlled setting as approved by concerned government agencies. SECTION 11. REQUIREMENTS FOR VERMIN ABATEMENT PROGRAM IN BUILDINGS AND RESIDENCES — Building and residential structures shall be made vermin-proofed in the following manner: 11.1 Construction of New Buildings and Residences 11.1.1 The owners of buildings and residences shall have the floor of the lower story constructed of concrete or other impervious material to render the building vermin-proofed. 11.1.2 The owners of buildings and residences shall maintain the premises in vermin-proofed condition. 11.1.3 Plans for vermin-proofing of buildings or residences shall be approved by the local health officer as recommended by the sanitary engineer. 11.1.4 Buildings or residences whose floor of the lower story is not made of concrete or other impervious material shall be elevated so that there will be a clear unobstructed space of at least 50 cm. between the bottom of the joists and the highest point of ground thereunder. 11.2 Repair and Maintenance of Buildings and Residences. 11.2.1 No occupant, owner, contractor, public utility, company, plumber or any other person or entity shall remove or fail to restore in similar and proper condition the vermin-proofing of any building or residence or make any new openings that are closed or sealed against the entry of vermin. 11.2.2 Every owner or occupant of any building or residence that is infested with vermin shall at once proceed and continue in good faith to eradicate such vermin by poisoning, trapping or other appropriate means preferably supervised by the local health officer or his duly authorized representative. 11.2.3 Roofs, attics, basements, cellars, courtyards, alleys and open spaces which are attached to or adjacent to houses or buildings shall be kept free from foodstuffs, garbage, forage and other materials which may serve as food or harborage for vermin. 11.2.4 Firewood, scrap lumber, and other loose materials adjacent to or under buildings shall be properly piled on platforms or stands with a clear space of 50 cm. between the floor of the platform and the ground. 11.2.5 Garbage, rubbish or waste of any kind shall not be placed, left, dumped, or permitted to accumulate or remain in any building orresidence in the vicinity of the same, in such a way as to provide food, harborage or breeding places for vermin. 11.2.6 All buildings and residences shall be vermin-proofed as much as practicable with materials like mortar, metal sheet, concrete, wire mesh or other materials. 11.2.7 Premises including vacant lots shall be kept clean and free of accumulations of junk, debris and stagnant water by the lot owner or caretaker. 11.2.8 Branches of trees growing close to the house or building shall be trimmed/cut to prevent easy access of rodents. SECTION 12. REQUIREMENTS FOR VERMIN ABATEMENT PROGRAM IN PORTS, AIRPORTS, VESSELS, AIRCRAFT AND OTHER CONVEYANCES 12.1 Ports and airports 12.1.1 The quarantine medical officer, or in his absence, the local health officer for each port and airport shall take all practicable measures to help port and airport installation free of vermin. 12.1.2 Every port of entry and the area within the perimeter of an airport shall be kept free from vector of diseases of epidemiological significance. 12.1.3 Disinfection, disinfestation, deratting and other sanitary operations shall be carried out in such manner that will: a. not cause undue discomfort to any person, or injury to his health. b. not produce any deleterious effect on the structure of a ship, an aircraft or a vehicle or its operating equipment. c. not produce any damage to cargo, goods, baggage, containers. 12.1.4 All public and private docks and wharves shall be so constructed and protected as to prevent rodents from gaining access thereto or there under at either high or low tide. All foodstuff stored in the docks and wharves shall be kept and stored as to prevent rodents from gaining access thereto or coming in contact therewith. 12.1.5 For international port and airport, the requirements in the Guide to Hygiene and Sanitation on Aviation of the World Health Organization (WHO) or the International Health Regulations related to vector and rodent control are adapted as part of these implementing rules and regulations. 12.2 Vessels/Watercraft 12.2.1 All ocean-going vessels and domestic passenger and cargo vessels shall be regularly subjected to rat infestation inspections, fumigation and other appropriaterat control measures. The following international forms stipulated under the International Health Regulations of the World Health Organization shall be issued as follows in case of expired certificates: a. Deratting certificate shall be issued upon completion of fumigation of the vessel. b. Deratting exemption certificate shall be issued if upon inspection of the vessel it shall be found that the rat life in the vessel is negligible. c. Deratting extension certificate shall be issued on condition that formal inspection and issuance of a deratting certificate/deratting exemption certificate shall be done in the next port authorized to conduct such inspection and issue such deratting certificate/deratting exemption certificate. 12.2.2 Any vessel or other watercraft arriving from foreign port docking alongside any wharf or dock, the following quarantine requirements shall be fulfilled: a. Immediately upon docking and during the entire time a vessel lies at a wharf, it shall be fended using submerged fender or raft to hold the ship at least 1.80 meters away from the wharf or dock. b. All connecting lines, cables from the ship to dock shall be properly fitted with circular rat guards 0.90 meter in diameter equipped with a sleeve to hold same in proper position about 0.90 meter away from the vessel. c. Gang planks and other means of access to the vessel or watercraft shall be well lighted and removed from the shore at night and not to be replaced until sunrise except during actual loading or unloading. d. All cargo nets and similar devices extending between the vessel and shore structure shall be removed at night unless in actual use. 12.2.3 Any vessel or aircraft arriving from a plague-infested port, or suspected of carrying plague-infected rodents or other dreadful communicable disease/s, shall be subjected to appropriate quarantine measures and interventions as the Director of Quarantine may determine and impose. 12.2.4 Watercraft based on sub-ports plying short distances shall be subject to sanitation and rodent inspection by the local health officer concerned. 12.2.5 Vegetables or farm products which are shipped in containers and from areas in which in the opinion of the quarantine medical officer there is danger of the existence of rodent-borne and vector-borne diseases shall be boxed, crated, and stored in rat-proofed structure prior to the day of shipment. 12.2.6 it shall be the responsibility of the owner, agent, master or other officer in charge of any vessel, steamboat or other watercraft, to comply with the provisions on vessel/watercraft of these implementing rules and regulations.12.3 Public Utility Vehicles — Disinfecting of public utility vehicles prior to its departure shall be maintained by the owner/operator to prevent the migration of vermin with epidemiological significance. SECTION 13. EVALUATION OF ESTABLISHMENTS 13.1 Sanitary Inspection 13.1.1 Responsible Officer a. It shall be the duty of the local health officer to cause the inspection and evaluation of every urban pest control operator or establishment requiring a sanitary permit for its operations, at least every three (3) months and shall cause as many additional inspections and re-inspections and evaluation to be made as are necessary for the enforcement of the provisions of these rules and regulations. Inspection of the establishment shall be conducted within seven (7) working days after payment of the inspection fee to the city/municipal treasurer concerned. b. For the purpose of implementing and monitoring sanitation requirements in all ports and airports of entry, in vessels and aircraft, and in eating and catering establishments in such ports and airport, the National Quarantine Office shall conduct regular sanitation inspections in these areas under its jurisdiction. 13.1.2 Sanitation Inspection Fee The fees payable on every inspection shall be such amount as existing laws prescribed and/or as set through city or municipal ordinances. 13.1.3 Mission Order a. The city/municipal health officer or the chief of the sanitation division/section/unit of the local health office, as the case maybe, shall issue a mission order (EHS Form No. 112) for every sanitation inspection that will be conducted by the sanitary engineer/sanitation inspector. b. The mission order must contain date, mission order number and series, the name of the inspector and the I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled dates of inspections. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspector shall monitor the enforcement of the mission order. c. Sanitary inspection conducted without a mission order is prohibited. d. The operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit the unauthorized inspection that was executed. 13.1.4 Uniform of the Sanitation Inspector and Aids to Inspection a. The sanitation inspector shall wear the prescribed uniform of the office with the-proper identification card while conducting the inspection. b. He shall likewise bring all the equipment and supplies needed in the inspection such as the sanitary inspection of public places establishment form (EHS Form No. 103-B), clipboard, thermometer (hot and cold), flashlight, measuring tape, camera, light meter, water pressure gauge, residual chlorine and pH comparator kits, blacklight, copy of the sanitation laws, regulations, standards and other reference materials. 13.1.5 Frequency of Inspections a. Inspection of urban pest control operators or establishments shall be conducted at least once every three (3) months 13.1.6 Recording of Inspection a. The sanitary engineer/sanitation inspector shall record his findings in an inspection form (EHS Form No. 103-B). b. The sanitary engineer/sanitation inspector shall furnish the original of such report to the operator of the establishment. c. Demerits entered in the appropriate column of the inspection form shall indicate that the item does not conform with the requirements of these rules and regulations. 1. The inspection form has twenty (20) items. Non-complying items are indicated with an (X). Every such item is weighted with a demerit of 5. The rating of the establishment is therefore 100 less (number of demerits x 5). The result is expressed as a percentage (%) rating. d. Sanitation Standard i. The percentage rating has an equivalent sanitation standard as follows: Percentage Rating Sanitatio Standard Color Code 90 -100% Excellent Luminous Green 70 - 89% Very satisfactory Luminous Yellow 50 - 69% Satisfactory Luminous Red ii. Establishments with percentage rating below 50% shall be recommended for suspension of operation until compliance. iii. Sanitation standard rating sticker (SSRS) (EHS Form No. 104-A/C) shall be posted in a conspicuous part of the establishment, preferably at the door, for guidance of the customers. It shall be updated once every three (3) months, unless revoked earlier. e. The average sanitation standard of every urban pest control operator or establishment shall be evaluated by the local health officer/chief of the sanitation division/section/unit every year end to determine its improvement/maintenance rating.13.1.7 Report of Inspection a. The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the operator of the establishment of the corrections to be made and indicate a reasonable period for its compliance. i. The recommended corrective measures shall be specific in nature for the easy understanding of the operator of the establishment. ii.Reasonable period for compliance or grace period shall be inclusive of Saturdays, Sundays and holidays. b. The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval by the city or municipal health officer or chief of the sanitation division/section/unit, as the case maybe. c Within 48 hours after the inspection or evaluation, the original of the inspection report (EHS Form No. 103-B) and the sanitary order shall be furnished and acknowledged by the holder of the sanitary permit, or the operator of the establishment. The inspection report shall be personally delivered, or shall be sent through the postal service, registered with return card. 13.1.8 Re-inspection a. If upon re-inspection of the establishment after the deadline, the sanitary engineer/sanitation inspector finds that correction has not been effected, he shall report to the local health officer who shall recommend to the local health authority the revocation of the sanitary permit. b. A copy of the inspection form and any notice served shall, in all cases be filed and kept by the local health office and be available for inspection by authorized officials. 13.2 Service of Notice 13.2.1 Whenever an inspection or evaluation form indicates non-complying items, the city/municipal health officer shall serve to the operator of the establishment a sanitary order requiring him, within the grace period stated in the order, to take such remedial action as may be specified therein. 13.2.2 in the event of non-compliance with the terms of the first sanitary order by the operator, the local health officer may serve a second notice: a. Second Sanitary Order i. If the owner of the establishment needs additional time to comply with the first sanitary order, he shall request the city/municipal health officer in writing, prior to the expiration of the sanitary order, for an extension of the grace period. The health officer, upon the recommendation of thesanitary engineer/sanitation inspector who conducted the inspection, will act on such request. ii. Notice of Hearing (EHS Form No. 118). The city/municipal health officer shall call the holder of the sanitary permit to show cause, at a time and place stated in the notice, why the permit issued in respect of the establishment shall not be revoked. 13.3 Revocation of Permit 13.3.1 After prior notices and hearing as provided above, the local health officer, if satisfied that the terms of the two notices have not been complied with or that failure to comply therewith is not excusable, shall recommend to the local health authority the revocation of the said permit, or; 13.3.2 After the second sanitary order on an extended grace period, a re- inspection was conducted and still the operator of the establishment fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend to the local health authority the revocation of the sanitary permit without delay and shall inform other related agencies of the city/municipality of such revocation. 13.3.3 Lifting of suspension of permit may be recommended by the local health officer to the local health authority whenever the operator of the establishment complies with the notices. The operator of the establishment may file a motion for reconsideration to the local health authority if he/she is not satisfied with the action of the city/municipal health officer. 13.3.4 The local health authority may file court proceedings against any establishment continuously operating after the revocation of its permit. 13.4 Summary Suspension of Permits — Whenever the city/municipal health officer finds unsanitary or unhealthy conditions in the operation of an establishment which in his judgment constitute a substantial hazard to the public health, the local health officer may recommend to the local health authority the immediate suspension of the sanitary permit. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within 48 hours. 13.5 Appeals — The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final. 13.6 Power of Entry — Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, municipal or city health offices, upon presentation of proper credentials may at all reasonable times enter into any premises of any establishment used for any of the purposes referred to in these rules and regulations for the purpose of inspection or any other action necessary for administration of these rules and regulations.a. Sanitary inspections shall be conducted by officials in accordance with Section 13.1 of these rules and regulations b. Sanitary inspections shall be done preferably during the time while the establishment is in operation. 13.7 Hearings — The local health authority may conduct hearings regarding erring establishments to include appeals from establishments. The decision of the local health authority shall be deemed final and executory. SECTION 14. RESPONSIBILITY OF THE LOCAL HEALTH AUTHORITY 14.1 The local health authority shall enforce the provisions of these rules and regulations. 14.2 The local health authority shall direct the local health officer to conduct periodic sanitary inspection in his area of jurisdiction and to identify insect and rodent problem areas. 14.3 In case of problem areas, the local health authority shall prepare programs for its control and conduct public health campaigns involving the community, government agencies and the private sector. 14.4 The local health authority shall institute education and training program on pest management for local personnel who shall oversee pest control operations of public health importance based on sound ecological principles. 14.5 Vermin Control in public places owned, operated or managed by the local government unit shall be the responsibility of the local health authority which has jurisdiction over the area. 14.6 The local health authority shall approve vermin abatement program as to its procedure and frequency based on existing local conditions. 14.7 In places where the owners, operators or administrators of entities/establishments covered by these rules and regulations fail, neglect or refuse to maintain a vermin abatement program, the local health authority shall undertake the work at the expense of the owners, operators or administrators. SECTION 15. PENAL PROVISIONS 15.1 Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of these rules and regulations, shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine not exceeding P 1,000.00 or both depending upon the discretion of the court. 15.2 Any person who shall interfere with or hinder, or oppose any officer, agent or member, of the Department of Health or of the bureaus and offices under its provincial, city or municipal health officers, sanitary engineers and sanitation inspectors in the performance of his duty as provided for under these rules andregulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of these rules and regulations shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine not exceeding P 1,000.00 or both depending on the discretion of the court. SECTION 16. SEPARABILITY CLAUSE — In the event that any rule, section, paragraph, sentence, clause or word of these rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby. SECTION 17. REPEALING CLAUSE — All pertinent rules and regulations, administrative issuances and guidelines which are inconsistent with the provisions of these rules and regulations are hereby repealed or amended accordingly. SECTION 18. EFFECTIVITY — These rules and regulations shall take effect after fifteen (15) days from date of publication in the official gazette or in a newspaper of general circulation. Adopted: September 22, 1997 (SGD.) CARMENCITA NORIEGA-REODICA, M.D., M.P.H., CESO II Secretary of Health Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)