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Administrative Sanction

SECTION 46.* Administrative Sanctions. – The following administrative sanctions shall be imposed upon any person, juridical or natural, found to have violated the provisions of the Code and its Implementing Rules and Regulations:

a) 1st violation- Warning;

b) 2nd violation – Administrative fine of a minimum of Ten Thousand (P1 0,000.00) to Fifty Thousand (P50,000.00) Pesos depending on the gravity and extent of the violation, including the recall of the offending product;

c) 3rd violation – Administrative Fine of a mm1mum of Sixty Thousand (P60,000.00) to One Hundred Fifty Thousand (Pl50,000.00) Pesos, depending on the gravity and extent of the violation, and in addition thereto, the recall of the offending product, and suspension of the Certificate of Product Registration (CPR);

d) 4111 violation- Administrative Fine of a minimum of Two Hundred Thousand (P200,000.00) to Five Hundred (P500,000.00) Thousand Pesos, depending on the gravity and extent of the violation; and in addition thereto, the recaJI of the product, revocation of the CPR, suspension of the License to Operate (LTO) for one year;

e) 5 111 and succeeding repeated violations – Administrative fine of One Million (P 1 ,000,000.00) Pesos, the recall of the offending product, cancellation of the CPR, revocation of the License to Operate (LTO) of the company concerned, including the blacklisting of the company to be furnished the Department of Budget and Management (DBM) and the Department of Trade and Industry (DTI);

f) An additional penalty of Two Thousand Five Hundred (P2,500.00) Pesos per day shall be made for every day the violation continues after having received the order from the lAC or other such appropriate body, notifying and penalizing the company for the infraction.

For purposes of determining whether or not there is “repeated” violation, each product violation belonging or owned by a company, including those of their subsidiaries, are deemed to be violations of the concerned milk company and shall not be based on the specific violating product alone.

SECTION 47. Fees, Charges and Fines. All fees collected, charges imposed and administrative fines that have accrued as a consequence of the implementation of these Rules shall be for the account and income of the Bureau of Food and Drugs.

SECTION 48. Against Public Employees. – In accordance with the Administrative Code and pertinent Civil Service rules and regulations, erring government employees found to be liable, and depending on the gravity of said violation, shall be imposed the appropriate penalty by the disciplining authority.

SECTION 49. Liability of Manufacturers/Distributors. – Manufacturers and Distributors of the products covered by the Code shall be directly liable for any violation of the provisions of the Code and its IRR. Should the offense be committed by a juridical person, the Chairman of the Board of Directors, the president, general manager, or the partners and/or the persons directly responsible therefore, shall be made accountable.

Agents/Representatives of the Manufacturers or Distributors of the products within the scope of the Code, who commit any violation of the provisions of the Code and its implementing rules and regulations shall be jointly and solidarity liable with the said manufacturers and distributors.

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