SANGGUNIANG PANLUNGSOD GENERAL SANTOS CITY COMMITTEE REPORT NO

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1 SEVENTEENTH SANGGUNIANG PANLUNGSOD ) 104 TH REGULAR SESSION ) Submitted by the COMMITTEE ON AGRICULTURE Date of Hearing: July 08, 2015 Re: SPPO NO SANGGUNIANG PANLUNGSOD GENERAL SANTOS CITY COMMITTEE REPORT NO RECOMMENDING APPROVAL FOR ITEM NO. 1 Author/Sponsor: Hon. Vice Mayor Shirlyn L. Bañas-Nograles (Author) & Councilor Brix T. Tan (Author) MADAM PRESIDENT: The Committee on Agriculture to which was referred this ordinance: TITLE SPPO NO AN ORDINANCE INSTITUTING POLICIES FOR RESPONSIBLE RICE CONSUMPTION IN THE CITY OF GENERAL SANTOS. (Hon. Vice Mayor Shirlyn L. Bañas- Nograles & Hon. Councilor Brix T. Tan - Authors) RECOMMENDATION APPROVED AS AMENDED ON COMMITTEE LEVEL - FOR SECOND READING has considered the same and has the honor to report it back to the August Body with the foregoing recommendation. Respectfully submitted: HON. BRIX T. TAN Councilor/ Presiding Officer Committee on Agriculture dated July 08,

2 REPUBLIC OF THE PHILIPPINES SANGGUNIANG PANLUNGSOD GENERAL SANTOS CITY MINUTES OF THE CONSULTATIVE MEETING OF THE COMMITTEE ON AGRICULTURE OF THE 17 TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS. July 08, 2015, Wednesday 2:20 P.M. 3:53 P.M. SP Session Hall, 2nd Floor, Legislative Building Corner Roxas Avenue and City Hall Drive, General Santos City MEMBERS/COUNCILORS PRESENT: Hon. Brix T. Tan (Chairperson) Vice Mayor Shirlyn L. Bañas-Nograles GUESTS/RESOURCE PERSONS: (Please see attached attendance sheet.) The committee chairperson, Honorable City Councilor Brix Tan to discuss SPPO NO AN ORDINANCE INSTITUTING POLICIES FOR RESPONSIBLE RICE CONSUMPTION IN THE CITY OF GENERAL SANTOS. At the outset, Mr. Ronan Villagonzalo (Local Legislative Staff Asst. III) acknowledged the presence of the attendees and thereafter rendered a short prayer. Ms. Hazel Antonio, Senior Science Research Specialist of the Department of Agriculture (DA), Central Office, Manila when given the floor presented their program on Rice Conservation and Be Riceponsible Campaign of the Department of Agriculture which was an advocacy campaign since 2013 thru Presidential Proclamation 494, Series of 2012, encouraging all Filipinos to be part of the program. With this, they established partnership with other government offices, private organizations and different associations of the Philippines. The Be Riceponsible Campaign is to help achieve rice self-sufficiency and to help farmers improve their income and to promote better health among rice consumers which are accordingly factored both on production and consumption functions. She presented the three major stakeholders of the Riceponsible Campaign which are for the farmers/producers, policymakers and the general public. The producers/farmers were supported by DA for the past years by using efficient technology in order to increase productivity to maintain rice sufficiency in the country. She also explained the average rice wastage which is equivalent to 12% of the imported rice and valued at Php7.27 Billion and such volume of wastage can actually feed 2.5 million Filipinos for the whole year already. It is for this reason they are encouraging consumers to order only what they can consume. Further, they are advocating the preference of brown rice/unpolished rice to give additional value produced to the farmers and promote better health because of its apparent nutritional value over white/polished rice as well as other possible rice mix with some other staple foods available in the restaurants. Hence, it is postulated that one of more effective ways of expressing gratitude and appreciating the efforts of farmers is by valuing every grain. Minutes-Committee on Agriculture Dated July 08, 2015 Page 1

3 In this three-tier campaign, the policymakers among LGUs are encouraged to create an ordinance for the half-cup of rice as a default serving for the food chains, restaurants and similar establishments. The goal of the ordinance is not to minimize consumption but to minimize the perceived rice wastage. In order for the ordinance to be more effective, the half cup of rice will become an option for consumers and the aforesaid establishments must indicate in their menu as well as inform customers its availability upon placing order. Likewise, it will also be beneficial to those customers in diet or in small appetite and to those who want to cut on cost. While there is a need to implement more stringent rules with those offering unlimited rice or eat all you can, but similar establishments as well as those who are into catering services are exempted on the proposed measure. For the advocacy campaign of the Riceponsible Program, tarpaulin banners and other info materials should be made available in the city, some of which may be provided by the DA National Office in particular. It was also suggested that brown rice and rice mix with staples may be implemented in the feeding program activities of the city. The advocacy can also be promoted in different events but it is strongly recommended that the city should observe the National Rice Awareness Month celebration every November each year. The aforesaid annual celebration of National Rice Awareness Month will include the mandatory serving of half cup of rice every first Friday of November to accustom consumers to order half cup of rice and to inform them for its subsequent availability with the brown rice day every second Friday of November and semi rice mix every 3 rd Friday of November every year. The National Rice Awareness Month was already implemented for the past two years already in National Capital Region. There are some suggested approaches on Riceponsible advocacy campaign. One of which is the Run for Rice strategy the same was already conducted in Davao City. Further, the hotel and restaurants or food chains may help promote the Riceponsibility Program by letting their servers or waiters/waitresses wear Riceponsible button pins. They can also display Panatang Makapalay which is a pledge not to waste rice and eat healthy rice. They can also display posters promoting healthy rice. She presented samples of signage to be displayed promoting for the availability of half cup of rice and signage that says We serve half cup of rice. As the Rice Research Institute develops a data bank on rice wastage, the food establishments are also being invited to be a part of the Rice Wastage Research in to arrive at a reasonable estimate of rice wastage among the food establishments and to find out the impact of the half cup of rice ordinance. This research undertaking which is already embedded in the proposed measure will be conducted seven days before and seven days after the effectivity of the ordinance. It is being postulated that if the producers, policymakers and the public would be Riceponsible, it would be much easier for the country to achieve rice self-sufficiency. Vice Mayor Shirlyn Bañas-Nograles clarified that while the Riceponsible advocacy presented consisted of three parts, only the first campaign will be covered in the proposed measure which is mandating the food establishments on the observance of one-half cup of rice or about 80 grams of cooked rice as a default serving which shall be reflected in the menu.. She manifested that there are two drafts where the first draft has additional changes and inputs by the Dept. of Agriculture and some organizations. She then presented the recent version of proposed ordinance wherein the title was retained as Minutes-Committee on Agriculture Dated July 08, 2015 Page 2

4 reflected in the copies distributed to the body. Thereafter, the chair requested Mr. Ronan Villagonzalo to read the text of the ordinance. After which the chair suggested to discuss the proposed ordinance by section. Ms. Annabelle Noel from Jo-Ann s Bakeshop when given the floor wanted to know who shall be the responsible person in the printing of posters and leaflets under Section 4.4. of the proposed measure. She suggested that it would be more appropriate if the government will be the one to provide those materials. Ms. Hazel Antonio of the Department of Agriculture answered that the DA National Office can provide posters, leaflets and other materials if the establishment is willing to display the same. As regards buffet, Ms. Noel believed that it would be easier for them to copy and monitor if there are guidelines on the number of kilos of rice because as observed there are more wastage of rice in the buffet in which Vice Mayor Nograles cited Section 4.3 to answer the said concern that buffet is exempted from this ordinance. As to posters, Honorable Nograles said probably the Local Government can be a partner of DA and Rice Research Institute in providing posters. The chair added that as to buffet, the caterer or service providers should be responsible in controlling the serving of rice and she believed they already knew on how much rice they need for that purpose. He cited Section 5 which is data gathering which is the basis of the buffet caterer. Mr. Teofilo Jo of Gaisano Mall suggested if possible they should put in each menu the Be Riceponsible consumer as a reminder not to waste rice. Ms. Hazel Antonio observed that there were much rice leftover during their MANCOM at Green Leaf Hotel where she inquired if it can be reused on the next day as fried rice in which the representative of the Green Leaf Hotel clarified that leftover rice was brought to employees cafeteria. As to buffet, they have allocations for certain number of persons/reservation which is two (2) cups of rice. Ms. Antonio suggested not to serve excessively per person since there is a reserve buffer already. Vice Mayor Nograles said those excessed rice on the plates should be given more attention since as observed there is really rice wastage especially among kids. She then proposed to put slogans in the menu like Be Riceponsible which can be incorporated in the provision of the ordinance, subject to style. Ms. Sunga of Jollibee Gensan Highway Branch wanted to be clarified on Section 4.1 which pertains on the one half cup rice as default serving which shall be included in the menu. She said they only have menu board and not serving menu and besides they have a standardized system being observed nationwide.. While they are also serving half cup of rice for the subsequent orders but it is optional. If the default serving will be one half cup, the same has to be referred with their higher ups. Ms. Antonio informed that the ones who crafted this ordinance has already made an exemption among the national fast food chains until such time that the concerned top management will have its final decision on the matter. Accordingly, the concerned personnel in the Department of Agriculture is also working with Jollibee and McDonalds on the national policy. Minutes-Committee on Agriculture Dated July 08, 2015 Page 3

5 Mr. Rodilon Lacap inquired if there is national law upon which to base their local regulation, the same of which is worth mentioning in the proposed measure for it to have a legal basis on the imposition of the said ordinance. His second concern was on the penalty clause under Section 8 where 8.3 and 8.4 mention two different terms which are the permit to operate and business permit which for him both privileges are granted to a business establishment to operate. He then suggested for a consistency in using these terms. At this point, Vice Mayor Nograles enumerated the corresponding penalties in the ordinance that were passed and approved by 8 cities namely: Mandaue City, Manila City, Quezon City, Laoag City in Ilocos, Tagbilaran City in Bohol, Kalibo City in Aklan, Cagayan de Oro City and Bauang City in La Union. In answer to the query of Mr. Jo, Vice Mayor Nograles clarified that it is the specific establishment that will be closed because it s unfair to include the whole establishment or mall. Mr. Lacap stated that LGUs are empowered to impose penalties and the maximum penalty that can be imposed under RA 7160 is P5, Regarding his comment on Section 5 - Data Gathering on Rice Wasting that needs monitoring, Councilor Tan directed him on Section 10 -Monitoring and Reporting wherein it is the responsibility of the GSC Field Health Services. In connection to the last paragraph of Section 9 - Whistle-Blower Award, Mr. Lacap asked if the penalty is connected to the prescribed citation ticket ordinance which are already being used by the city government in apprehending or citing any violator of a city ordinance with embedded penal provisions. The citation tickets are readily available provided the enforcer will undergo training as to its usage and in the manner of its implementation. Further, Mr. Lacap elucidated that in case of violation, the City Legal Office will be furnished as a basis in the filing of charges to an erring individual or establishment in some cases. Likewise, he suggested that the same procedure will be incorporated or adopted in the proposed ordinance in the manner of issuance of citation ticket Vice Mayor Nograles viewed that for purposes of uniformity in the implementation, it entails the need of data banking to keep track with the number of violations committed or apprehensions made against violators. As regards the penalty, they can just make reference with the penal provisions of the Codified Ordinances or in particular, Ordinance No. 11, Series of She manifested to amend the ordinance to include the legal basis that should be complied with by the food chain or similar establishments. Going back to Section 8. PENALTY CLAUSE, Mr. Lacap is of the idea to differentiate the suspension of the business permit temporarily in contrast with the fine of P5, plus revocation and cancellation of business permit or even padlocking of the business establishment. As to legal basis, Vice Mayor Nograles suggested that Presidential Proclamation 494 Series of 2012 will be incorporated in the whereasses, subject to style. Concerning Section 8.4, Mr. Lacap shared that current practices in the imposition of penalty among LGUs is usually associated with a fine of five thousand plus an imprisonment at the discretion of the court. However, under Ordinance No. 12 Series of Minutes-Committee on Agriculture Dated July 08, 2015 Page 4

6 2003 or the so called Citation Ordinance, in order not to go further into court proceedings the violator is given an option to pay immediately the fine of five thousand pesos. So as to make all offenses in uniform plus the option of imprisonment, Vice Mayor Nograles said that the proposed measure will be harmonized or anchored with the existing provisions of the citation ticket under the codified ordinance of the city. About data bank previously queried by the chair for purposes of monitoring the corresponding offenses, Mr. Lacap stated that it is not available at present but there is an existing data base of the names who paid for fine and penalties. Hence, the chair ruled for an Amendment in Section rd offense a Fine of Three Thousand Pesos for the third offense and temporary suspension for 3 days of permit to operate (until compliance). Section 8.4 Fine of Five Thousand Pesos and revocation or cancellation of business permit or imprisonment subject to the general provision under the citation ticket. Section 9 - Whistle-Blower Award This section was deleted since there is already an agency tasked to monitor its compliance. Further, according to the Honorable Vice Mayor Nograles it would be very hard to determine the legitimacy of reports. Aside from this, it might also be used among the competing establishments. She stressed out the more important aspect of the proposed measure is the option of one-half 1/2 cup of rice which must be placed in the menu, anyway the one (1) cup of rice will is still be there. Mr. Jo commented that the order of ½ cup of rice will create more servings, which thereby entailed additional task among food establishments and with a greater risk of being subjected to investigation through a report of whistle blower if succeeding orders of one half cup of rice are not properly served. Regarding the citation ticket, Councilor Tan explained that there are individuals assigned in each barangay being authorized to issue citation ticket and the proceeds will be shared (50/50) by the respective barangay and the city government. Vice Mayor Nograles emphasized that if there is no ½ cup of rice in the menu is already a violation. As to the comment of CEMCDO representative regarding the monitoring and reporting (Section 4.5), Vice Mayor Nograles clarified that it was already corrected and stated on Section 9 wherein the agency tasked is the GSC Field Health Services which is also responsible in sanitary inspection to the restaurants. With the deletion of Section 9, the succeeding sections will be adjusted accordingly and are considered approved in the committee level. Thus, the following will be observed in the renumbering of sections: Section 10 to 9 Section 11 to 10 Section 12 to 11 Section 13 to 12 Section 14 to 13 APPROVED AS AMENDED, SUBJECT TO STYLE Minutes-Committee on Agriculture Dated July 08, 2015 Page 5

7 Vice Mayor Nograles manifested that the new draft of the proposed ordinance is the one being discussed and this hearing will be treated as consultative instead. Further, the chair also conveyed the message of the National Food Authority (NFA) Regional Director XI and Provincial Director last session that after the test on the report of alleged synthetic rice, the same has been duly inspected and confirmed in an official report that the result is negative. She also provided a hotline will be posted in the spgensan website including the corresponding guideline pertaining the aforesaid synthetic rice issue. There being no more matter to be discussed the hearing was adjourned at 3:53 in the afternoon. ADJOURNED Prepared by: JOYCE CORUÑA Stenographic Reporter IV DALISAY F. IGNACIO Stenographic Reporter III Edited by: Noted by: SERAPION L. BUENO, JR., MPA Board Secretary II LOLITA P. PEDRO Division Chief, Journal & Minutes ATTESTED: SHIRLYN L. BAÑAS-NOGRALES City Vice Mayor BRIX T. TAN City Councilor & Chairperson Minutes-Committee on Agriculture Dated July 08, 2015 Page 6