ORDINANCE NO. _____
Series of 2010
AN ORDINANCE REQUIRING RESTAURANTS, FASTFOOD CHAINS, EATERIES, FOOD STALLS IN MOVIEHOUSES, SCHOOL OR UNIVERSITY CANTEENS AND OTHER FOOD ESTALISHMENTS WHICH SERVE HALAL FOODS TO ACQUIRE HALAL ACCREDITATION FROM THE DAVAO CITY MUSLIM ULAMA HALAL CERTIFYING AND MONITORING AGENCY PRIOR TO POSTING THE TITLE WORD “HALAL” WITHIN THEIR PREMISES OR TO USE THE “HALAL” LOGO IN THEIR BUSINESS NAME
BE IT ORDAINED by the Sangguniang Panlungsod of the City of Davao in Session Assembled:
SECTION 1. TITLE. - Be it ordained that this Ordinance shall be also known as the “HALAL ORDINANCE”.
SECTION 2. PURPOSE OF THIS ORDINANCE. – It is the purpose of this Ordinance to require restaurants, fastfood chains, eateries, school or university canteens, and other food establishments which serve Halal foods to acquire Halal accreditation from the Davao City Muslim Ulama Halal Certifying and Monitoring Agency prior to posting the title word “Halal” within their premises or to use the “Halal” logo in their business name, in order to advance and protect the rights, culture and lifestyle of Muslims to consume religious-sanctioned products and to improve and maintain the harmony, understanding and social peace and order of Davao City for the promotion of sustainable progress and development.
SECTION 3. DEFINITION OF TERMS
A. ) Food Establishments – refer to all restaurants, fastfood chains, food stalls, eateries, canteens in schools and function halls serving foods and beverages;
B. ) Davao City Muslim Ulama Halal Certifying and Monitoring Agency – refers to a government office authorized by the National Halal Accreditation Board to issue Halal certificates and accreditations to food establishments in Davao City;
C. ) Halal-Processed Food and Beverages – refer to permissible and non-pork-based food and beverages which are processed and prepared using utensils that have not been used in preparing non-Halal food and beverages;
D. ) Halal-Processed Meat – refers to meat from animals, like cow, chicken and goat, which Muslims are allowed to consume, and which animal was slaughtered in accordance to Islamic rituals;
E. ) Haram Meat or Forbidden Animals – refers to pigs and animals that have been killed by strangling or by a violent blow or by a headlong fall;
F. ) Muslims – refer to those natural persons who follow the Islamic rites, tradition and culture.
SECTION 4. COVERAGE. – This Ordinance shall cover the following:
A. ) All restaurants, fastfood chains, eateries, food stalls in moviehouses, school or university canteens and other food establishments serving Halal foods and beverages within the territorial jurisdiction of Davao City;
B. ) Halal Foods and beverages served in any occasion in any function hall in Davao City, including but not limited to seminars, workshops, meetings, forums, weddings and birthdays.
SECTION 5. DUTIES AND RESPONSIBILITIES OF OWNERS, PROPRIETORS, MANAGER AND STAFF OF ALL RESTAURANTS, FASTFOOD CHAINS, EATERIES, FOOD STALLS IN MOVIEHOUSES, SCHOOL OR UNIVERSITY CANTEENS AND OTHER FOOD ESTABLISHMENTS OR ANY FUNCTION HALLS IN DAVAO CITY. – Owners, proprietors and managers of all restaurants, fastfood chains, eateries, school or university canteens and other food establishments or function halls in Davao City are required to perform and undertake the following measures in their operation:
I. To acquire Halal accreditation from the Davao City Muslim Ulama Halal Certifying and Monitoring Agency, in case the establishment offers halal-processed food and beverages;
II. To display Halal logo in front of food establishments offering Halal-processed foods and beverages;
III. To display the necessary documents within their premises, pertaining to the Halal accreditation acquired from the Davao City Muslim Ulama Halal Certifying and Monitoring Agency;
IV. To observe proper sanitary procedures in preparing Halal-processed food and beverages;
V. To avoid using kitchen wares and utensils that have been used in preparing haram-based food, in the preparation and processing of Halal food and beverages; and
VI. To refrain from mixing meat from Haram or forbidden animals as defined in Section 3 of this Ordinance, with animal meat used or mixed in a Halal-processed food;
SECTION 6. PENALTIES. – The following are the penalties for any violation of this Ordinance:
Owners, proprietors or managers of food establishments or any person, whether ambulant vendor or not, who violated any provisions of Section 5 of this Ordinance shall be penalized by:
| First Offense | Fine of not less than P500.00 but not more than P1,000.00, at the discretion of the Court; |
| Second Offense | Fine of not less than P1,000.00 but not more than P2,000.00, at the discretion of the Court; |
| Third Offense | Fine of not less than P2,000.00 but not more than P5,000.00, and revocation of business permit and license to operate and closure of the establishment, at the discretion of the Court. |
SECTION 7. SEPARABILITY CLAUSE. – Should any of the provision of this Ordinance be declared inoperative by the Courts for being inconsistent with the Constitution or the law, the other unaffected provision of this Ordinance shall remain in full force and effect.
SECTION 8. REPEALING CLAUSE. – Any ordinance, local issuances or rules inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly.
SECTION 9. EFFECTIVITY CLAUSE. – This Ordinance shall take effect 15 days following its publication in a newspaper of local circulation and its posting for three consecutive weeks at conspicuous places in the City Hall.
MARIA BELEN SUNGA ACOSTA
Proponent
