Licensing Requirements for Food Establishments The Dept. of Health through the FDA is mandated to ensure the safety of all food processing and product packaging activities, to develop and issue appropriate authorizations in the form of a license and certificate or registration that covers establishments, facilities engaged in production and distribution of products. FDA Authorizations 1. License to Operate (LTO) 2. Certificate of Product Registration (CPR) Section 13. Principal Responsibility of Food Business Operators. Food business operators shall ensure that: food satisfies the requirements of food law relevant to their activities in the food supply chain; and control systems are in place to prevent, eliminate or reduce risks to consumers. A sole proprietorship, a partnership, a corporation, an institution, an association, or an organization engaged in any of the activities of the following establishments are being licensed by FDA: Manufacturer Trader Distributor Engaged in any and all operations involved in the production of health (food) products including preparation, processing, compounding, formulating, filling, packing, repacking, altering, ornamenting, finishing and labeling with the end view of its storage, sale or distribution. • Involves in the process of packaging or changing of container, wrapper (that may include or not a changing of label) in furtherance of distribution of food. • A manufacturer that conducts contract manufacturing where conditions of the contract are defined, agreed and controlled; and all aspects of contracted work are specified to obtain quality product/s conforming to agreed standards. • A registered owner of food and food products and/or procure raw materials and packaging component, quality control standards and procedures, but subcontracts the manufacture of such products to a licensed manufacturer. • Distributes raw materials, ingredients, and or finished products into local destination by crossing international borders for further distribution to the other establishment or outlets. • Distributes raw materials, ingredients, and or finished products outside of origin by crossing international borders for further distribution to the other establishment or outlets. • Procures pre-packaged food products and/or raw materials from local establishment and locally distributes in commercial quantity or wholesale basis. Primary Activities: Other Activities: Manufacturer Distributor Trader Repacker Importer Toll Manufacturer Wholesaler Importer of Raw Materials for Own Use Importer of Raw Materials for Own Use Exporter of Own Products Exporter Exporter of Own Products Administrative Order 2020-017 Revised Guidelines on the Unified Licensing Requirements and Procedures of the FDA INITIAL LTO 1. Accomplished ePortal form with Declaration of Undertaking 2. Proof of Business Name Registration 3. Business permit (as applicable) 4. Proof of Income (Latest audited Financial Statement with Balance Sheet) 5. Payment of Fees Renewal of LTO 1. Accomplished ePortal form with Declaration of Undertaking 2. Payment of Fees Variation 1. Accomplished ePortal form with Declaration of Undertaking 2. Documentary requirements depending on the variation (refer to Annex C of AO 2020-017) 3. Payment of Fees For medium and large manufacturers, the following documents shall be presented to the FDA inspector: 1) Risk Management Plan (RMP) 2) Site Master File (SMF) Criteria for Automatic Renewal of LTO: I. The application is filed before the expiration date of the license; II. The prescribed renewal fee is paid upon filing of the application; and III. A sworn statement indicating no change or variation whatsoever in the establishment is attached to the application VARIATION 1. Major: changes that may affect significantly and/or directly the aspects of safety and quality of products, which shall be approved only upon compliance to requirements and inspection. 2. Minor: changes in administrative matters and/or changes with minimal impact on or not critical to safety and quality of products. MAJOR VARIATION Major Variation Transfer of Location of Manufacturing Plant Expansion of Manufacturer and/or Additional Product Line or Change of Manufacturing Activity Application Form Business Permit Reflecting the new address Updated Site Mater File To be presented during inspection Payment - To be presented during inspection MINOR VARIATION Minor Variation Application Form Business Registration/ Business Permit Transfer of Location of Offices Change of Distributor Activity Transfer/Addition of Warehouse Change of Ownership Other document/s Payment Reflecting the new address - - Contract Agreement to prove activity Reflecting the new address - Reflecting the new ownership • Any proof on the transfer of ownership MINOR VARIATION Minor Variation Application Form Business Registration/ Business Permit reflecting the new name Change of Business Name Zonal Change in Address - Change of Qualified Personnel - Change of Authorized Person Other document/s Payment - Certificate of Zonal change Certificate of Attendance on Seminar on Food Safety, GMP or HACCP Updated contact Details Establishment Type Capitalization MANUFACTURER/Repacker/ Trader/Toll Manufacturer 250K and below over 250K but below 500K 500K but below 1M 1M but below 5M 5M but below 10M 10M but below 20M 20M but below 50M 50M and above DISTRIBUTOR (Wholesaler, Importer, Exporter) VARIATION Fee (LRF excluded) INITIAL RENEWAL (2 years validity) (5 years validity) 1,000 1,500 2,000 4,000 6,000 10,000 20,000 30,000 2,500 3,750 5,000 10,000 15,000 25,000 50,000 75,000 8,000 20,000 500 LRF (Legal Research Fee): an amount equivalent to one percent (1%) of the fee imposed but in no case lower than ten (10) pesos Surcharge and Penalty • An application for renewal of an LTO received after its date of expiration shall be subject to a surcharge or penalty equivalent to twice the renewal licensing fee and an additional 10% per month or a fraction thereof of continuing non-submission of such application up to a maximum of 120 days. Turned Initial • An application for renewal of license filed after 120 days shall be considered expired and the application shall be subject to a fee equivalent to the total surcharge or penalty plus the initial filing fee and the application shall undergo the initial filing. For technical inquiries: Send your e-mail to: cfrr@fda.gov.ph For issuance of user account or reporting of eportal issues: Send your e-mail to fdac@fda.gov.ph Contact FDA Action Center at: Landline: 02 8821 1176, 02 8821 1177, 02 8821 1220 02 8821 1162, 02 8821 1159 Mobile: 0961-6804447, 0961-7709691, 0961-6845994