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the head be separated from the body?
For the record, Section 4 of R.A. No. 3720, as amended by Section 5 of R.A. No.
9711, also recognizes compliance with the requirements of due process, although
the proceedings are not adversarial. Thus:
Section 5. Section 4 of Republic Act No. 3720, as amended, is hereby
further amended to read as follows:
"SEC. 4. To carry out the provisions of this Act, there is hereby
created an office to be called the Food and Drug Administration
(FDA) in the Department of Health (DOH). Said Administration
shall be under the Office of the Secretary and shall have the
following functions, powers and duties:
"(a) To administer the effective implementation of this Act and
of the rules and regulations issued pursuant to the same;
"(b) To assume primary jurisdiction in the collection of samples
of health products;
"(c) To analyze and inspect health products in connection with
the implementation of this Act;
"(d) To establish analytical data to serve as basis for the
preparation of health products standards, and to recommend
standards of identity, purity, safety, efficacy, quality and fill of
container;
"(e) To issue certificates of compliance with technical
requirements to serve as basis for the issuance of appropriate
authorization and spot-check for compliance with regulations
regarding operation of manufacturers, importers, exporters,
distributors,
wholesalers,
drug
outlets,
and
other
establishments and facilities of health products, as determined
by the FDA;
"x x x
"(h) To conduct appropriate tests on all applicable health
products prior to the issuance of appropriate authorizations to
ensure safety, efficacy, purity, and quality;
"(i) To require all manufacturers, traders, distributors,
importers, exporters, wholesalers, retailers, consumers, and
non-consumer users of health products to report to the FDA
any incident that reasonably indicates that said product has
caused or contributed to the death, serious illness or serious
4/21/2020, 9:19 AM