Guidelines on the Implementation of Minimum Health Protocols for Dine-in Services by Restaurants and Fastfood Establishments

June 22, 2020

DTI MEMORANDUM CIRCULAR NO. 37-20

 

WHEREAS, Department of Health (DOH) Administrative Order (AO) No. 153-04 dated 7 May 2004 on the "Revised Guidelines on Current Good Manufacturing Practice in Manufacturing, Packing, Repacking or Holding Food" has been issued imposing minimum health standards to all persons and establishments that manufacture, package, repack or hold food products, to ensure the quality and safety of thereof;

WHEREAS, on 24 March 2020, Republic Act No. 11469, otherwise known as the "Bayanihan to Heal as One Act," declared the existence of the National Emergency arising from the COVID-19 situation and declared as state policy to undertake a program for recovery and rehabilitation, and provision of safety nets to all affected sectors, and authorized the President to carry out emergency measures to ensure the availability of essential goods such as food;

WHEREAS, DOH AO No. 2020-0015 dated 27 April 2020 on the "Guidelines on the Risk-Based Public Health Standards for COVID-19 Mitigation" mandates the adoption and implementation of the standards to ensure mitigate the spread of COVID-19 for compliance of both the public and private sector;

WHEREAS, the Department of Trade and Industry (DTI)-Department of Labor and Employment (DOLE) Interim Guidelines on Workplace Prevention and Control of COVID-19 dated 30 April 2020 have been issued further setting safety and health standards upon all workplaces, employers, and workers in the private sector in view of the COVID-19 outbreak;

WHEREAS, on 30 April 2020, Executive Order No. 112, series of 2020 was issued which provides that any amendment or modification on the Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines, may be approved by the Inter-Agency Task Force (IATF) on the Management of Emerging Infectious Diseases without need of further approval by the President;

WHEREAS, on 03 June 2020, the IATF issued Resolution No. 43, Series of 2020, providing that "dine-in restaurants, fast food and food retail establishments, including those in supermarkets, grocery stress, and food preparation establishments, may operate at a maximum of fifty percent (50%) of seating capacity in areas declared under Modified General Community Quarantine (MGCQ)";

WHEREAS, on 10 June 2020, the IATF issued Resolution No. 45, Series of 2020 allowing the "gradual reopening of the industry [dine-in food establishments] in areas under [General Community Quarantine] GCQ may begin on 15 June 2020 at thirty (30%) operational capacity, provided that venue capacity allows for social distancing protocols. Provided further, that such businesses are compliant with the proper protocols prescribed by the DTI"; CAIHTE

WHEREAS, such IATF Resolution further provides that "the resumption and/or continued operations of dine-in food establishments shall be subject to their proprietors' compliance with the proper health protocols set by the DTI, DOLE and Department of Tourism (DOT). Further, their compliance shall be assessed through a post-audit mechanism which shall be led by the DTI, DOLE, DOT, DOH, Department of the Interior and Local Government (DILG); Local Government Unit (LGU) Health Officer and/or deputized organizations";

NOW THEREFORE, foregoing premises considered, this Memorandum Circular ("MC") is hereby issued for the information, guidance and compliance of those concerned.

SECTION 1. Scope. — Except for DOT-accredited establishments, this MC shall apply to all restaurants and fastfood businesses, regardless of the size of the establishment, including canteens, food courts, food parks and other eateries providing dine-in services operating —

a. For areas under GCQ, the establishments may operate at a maximum of thirty percent (30%) operational capacity of their dine-in services; and

b. For areas under MGCQ, the establishments may operate at a maximum of fifty percent (50%) operational capacity of their dine-in services.

SECTION 2. Mandatory Minimum Requirements for Operation of Dine-In Services. — In addition to the minimum health standards under DOH AO Nos. 153-04 and 2020-0015, and the DTI-DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19, the following are required for the establishments to operate their dine-in services —

a. Implementation of contact tracing measures — the establishment shall ensure that the following information of personnel, suppliers and customers are collected either by (1) registering with SafePass or StaySafe.ph, or (2) any health checklist form containing the information in the provided sample health checklist (ANNEX A);

b. Thermal scanning of all personnel, suppliers, customers prior to entry — persons with a temperature higher than 37.5 degrees centigrade shall not be allowed entry;

c. Customers, workers, and suppliers exhibiting symptoms, such as colds, cough and/or difficulty breathing to be politely declined entry;

d. No personnel with COVID-19 symptoms or with exposure to COVID-19 patients shall be allowed to report for work;

e. Provision for rubbing alcohol, which can be easily sprayed on the hands of personnel, suppliers and customers prior to entry;

f. Strict enforcement of the "No Face Mask No Entry Policy" — all personnel, suppliers and customers shall wear facemask;

g. Strict observance of social distancing measures in all parts of the establishment, including the cashier counter, beverage bar, kitchen and back areas;

h. Proper ventilation and exhaust system in the establishment, if the setting requires and if applicable;

i. Chairs shall be distanced at least one (1) meter on all sides;

j. Queueing area shall comply with the one (1) meter distance on all sides requirement;

k. For face-to-face seating, plastic barriers/dividers shall be provided or chairs shall be positioned diagonally to avoid face-to-face seating;

l. No self-service shall be allowed;

m. Buffet service shall be allowed only when —

i. Food servers are provided; and

ii. All food trays are with food covers.

n. Proper sanitization of restroom and ensuring that it is free from accumulation of trash; and

o. Play areas shall be closed.

SECTION 3. Additional Control Measures. — The establishments are also enjoined to implement the following measures:

a. Posting of the following information at the entrance and/or other prominent or conspicuous areas inside the restaurant or fastfood premise:

i. Health declaration forms or registration to SafePass app or StaySafe.ph;

ii. No mask, no entry policy;

iii. Social distancing protocols;

iv. Maximum number of allowable persons;

v. Sanitation schedule and procedures; DETACa

vi. Alternative methods of payments;

vii. No customer-personnel contact protocols;

viii. Administration of protocols, including the right to refuse service to customers who fail or refuse to comply.

b. Provision of food menus per table, preferably single-use or QR code-based menus;

c. Implementation of Contactless order-taking;

d. Covering furniture of porous materials with plastic for easy sanitation;

e. Ensuring proper health and safety of all personnel at all times, as follows:

i. No wearing of jewelry (e.g., rings, bracelets, watches, earrings, etc.);

ii. Wearing of closed shoes;

iii. Observance of proper personal hygiene (e.g., clipped fingernails, observance of company-imposed personal sanitation, etc.);

iv. Washing of hands at least once every hour or after every encounter with guests;

f. Observance of the proper disposal of disposable equipment, utensils and plates;

g. Observance and enforcement of the customer-personnel contact protocols;

h. Implementation of no physical contact policy during payment. Establishment may provide small trays for payments; and

i. Designation of a Manager-On-Duty or any personnel to oversee compliance with this MC.

SECTION 4. Delivery and Take Away Protocols. — The establishments offering delivery and take away services are likewise enjoined to implement the following measures —

a. Allow taking of through phone calls, emails or any online mode;

a. n Implementation of staggered delivery hours for drivers to prevent crowding at dispatch areas;

b. Designate pick-up areas outside the establishment properly marked;

c. Device innovative procedures in lieu of in-person delivery confirmation; and

d. Ensure proper sanitation of vehicles and compliance by driver and personnel with safety, hygiene and sanitation protocols.

SECTION 5. Commitment to Compliance. — By offering dine-in services to the public during the period of community quarantine, the owners of establishments covered by this MC shall be deemed to have made a commitment to comply with the mandatory provisions thereof and, in case of breach, to implement necessary corrective or preventive actions.

First-time violators of any of the mandatory protocols indicated in Section 2 of this Circular shall be given an outright warning and further endorsed to the LGU health office. Establishments that have failed to completely comply shall be temporarily closed down to correct their deficiencies. Reopening shall be allowed only upon compliance to the prescribed minimum health protocols.

SECTION 6. Monitoring. — The DTI, through the Fair Trade Enforcement Bureau (FTEB) and Regional or Provincial Offices, shall monitor compliance with this MC through a post-audit mechanism.

Inspection by the DOT, DOLE, DOH, and the LGU's Health Office may also be conducted at any time.

SECTION 7. Complaints Handling. — All feedback and complaints from the general public may be coursed through the Consumer Care Hotline 1-384.

SECTION 8. Separability Clause. — The provisions of this Circular are declared to be separable and if any provision or the application thereof is held invalid or unconstitutional, the validity of the other provisions shall not be affected.

SECTION 9. Effectivity. — Given the presence of a public health emergency, this Memorandum Circular shall take effect immediately upon its publication and filing with the University of the Philippines Law Center.

Issued this 22nd day of June 2020, Makati City, Philippines.

Approved:

(SGD.) RAMON M. LOPEZSecretary

ANNEX A

Sample

 

n Note from the Publisher: Copied verbatim from the official copy. Irregular numerical sequence.