· . 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~T.f: 
S.No. 
1~04 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
Senat" 
(I}ti.~t, .. f t~.,$J. ..... rI'lf¥ 
'13 
AUG -1 P 4 :59 
, "'!;' (' \ •. ',,' I;' !'l ,",OJ". £ .. ~. 
" .. 
"I.",,,,, ... o-U 
! 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
Cardiovascular disease is the leading cause of mortality in the Philippines. A report 
from the Department of Health stated that in 2003, it accounted for 30.2% of deaths among 
Filipinos. Increase in body mass index, also known as obesity or being overweight, is an 
important cause of chronic disease. The World Health Organization (WHO) expects that the 
percentage of Filipino obese men over thirty will increase from 23% of the population in 2005 to 
24% in 2015, while the rate for women will increase from 34% in 2005 to 44% in 2015. The 
WHO also noted that 80% of premature heart disease, stroke and type two diabetes and 40% of 
cancers can be prevented through a healthy diet. 
Weight gain occurs when more calories are consumed than are expended. Small calorie 
excesses over time have a cumulative effect. Eating out, and eating extra calories while eating 
out, contributes disproportionately to the excess calorie intake that fuels the obesity epidemic. 
The increase in consumption of away-from-home foods has been facilitated by the expansion of 
restaurant chains, which serve food that is easily available, inexpensive, and high in calories. 
There are abundant data to show that people who eat at fast food establishments consume more 
calories. 
Regulation of food service establishments is a core public health function. This includes 
regulation of food that is commercially prepared and sold by food service establishments, a' 
broad category which includes restaurants. However, consumers lack easily accessible 
1 


information to make informed choices when eating in restaurants. Calorie information provided 
at the time of food selection in food service establishments would enable consumers to make 
more informed, healthier choices and can reasonably be expected to reduce obesity and the many 
related health problems which obesity causes. 
The systematic underestimation of calories suggests that consumers have distorted 
perceptions of calorie content and de facto have been misled to view oversized, high-calorie 
portions as "normal" portions, containing acceptable numbers of calories. There is a calorie 
information gap. This gap is contributing to people choosing higher calorie items and to the 
obesity epidemic. Providing information about the calorie content of foods and beverages being 
served in restaurants in a time, place, and manner that can inform decisions will help bridge this 
gap. Provision of calorie information on menu and menu boards is an important way to 
accomplish this goal. This bill seeks to address the problem of obesity and the diseases that are 
caused by it.' 
Ltw,- 4~ . 
.4;v.. J~ 
MIRIAM DEF NSOR s~m!fJ0 
A}IJ(' 
• This bill was originally filed in the Fourteenth Congress, Second Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
Serlntt 
(ltfl;;r.f tlle>w,lurq 
"13 
AliG-l P4:59 
1 
2 
3 
REQUIRING THE POSTING OF CALORIE COUNT INFORMATION 
ITEMS IN MENU BOARDS OF FOOD SERVICE ESTABLISHMENTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Short Title. - This Act shall be known as the "Calorie Count Menu Act." 
5 
SECTION 2. Definition of Terms. - As used in this Act, the term: 
6 
(A) "Covered food service establishment" is a food service establishment that is one of a 
7 
group often (10) or more food service establishments doing business nationally, offering for sale 
8 
substantially the same menu items, in servings that are standardized for portion size and content, 
9 
that operate under common ownership or control, or as franchised outlets of a parent business, or 
10 
doing business under the same name; 
11 
(B) "Menu" shall mean a printed list or pictorial display of a food item or items, and their 
12 
price(s), that are available for sale from a covered food service establishment and shall include 
13 
menus distributed or provided outside of the establishment; 
14 
(C) "Menu board" shall mean any list or pictorial display of a food item or items and 
15 
their price(s) posted in and visible within a covered food service establishment or outside of a 
16 
covered food service establishment for the purpose of ordering from a drive-through window; 
17 
(D) "Menu item" shall mean any individual food item, or combination of food items, 
18 
listed or displayed on a menu board or menu that is sold by a covered food service establishment; 
19 
(E) "Department" refers to the Department of Health; 
20 
(F) "Secretary" refers to the Secretary of Health. 
I 


I 
SECTION 3. Scope and Applicability. - This Act shall apply to menu items that are 
2 
served in portions the size and content of which are standardized at a covered food service 
3 
establishment. This section shall not apply to menu items that are listed on a menu or menu 
4 
board for less than thirty (30) days in a calendar year. 
5 
SECTION 4. Compliance Certificate Requirement. -
6 
(A) A compliance certificate issued by the Department shall be required prior to the 
7 
operation of any food service establishment. The owner of the establishment shall file an 
8 
application for a compliance certificate with the Department on a form prescribed by the 
9 
Department; 
10 
(B) All certificates issued by the Department under this Act shall expire after three (3) 
II 
years from date of issue and may be renewed by submission to the Department at least thirty (30) 
12 
days before the expiration date a compliance certificate renewal application; 
13 
(C) The Department may refuse to renew the certificate of any owner or operator who has' 
14 
been found to be in violation of this Act; 
IS 
(D) Each food service establishment shall be inspected at least once every three (3) years 
16 
after the initial year in which the establishment was granted a certificate; 
17 
(F) Existing food service establishments have one (1) year from the date of effectivity of 
18 
this Act to secure a compliance certificate, subject to reasonable rules to be prescribed by the 
19 
Secretary. 
20 
SECTION 5. Requirements for Food Establishments. - Before an operator may be 
21 
granted a compliance certificate, the operator must observe the following requirements-
22 
(A) All menu boards and menus in any covered food service establishment shall bear the 
23 
total number of calories derived from any som'ce for each menu item they list. Such information 
24 
shall be listed clearly and conspicuously, adjacent or in close proximity such as to be clearly 
25 
associated with the menu item, using a font and format that is at least as prominent, in size and 
26 
appearance, as that used to post either the name or price of the menu item; 
2 


, ' 
I 
(B) Calorie content values (in kilo calories) required by this section shall be based upon a 
2 
verifiable analysis of the menu item, which may include the use of nutrient databases, laboratory 
3 
testing, or other reliable methods of analysis, and shall be rounded to the nearest ten (l0) calories' 
4 
for calorie content values above fifty (50) calories and to the nearest five (5) calories for calorie 
5 
content values fifty (50) calories and below; 
6 
(C) When a food item is displayed for sale with a food item tag, such food item tag shall 
7 
include the calorie content value for that food item in a font size and format at least as prominent 
8 
as the font size of the name of the food item; 
9 
(D) Calorie content values at drive-through windows shall be displayed on either the 
10 
drive through menu board, or on an adj acent stanchion visible at or prior to the point of ordering, 
11 
so long as the calorie content values are as clearly and conspicuously posted on the stanchion 
12 
adjacent to their respective menu item names, as the price or menu item is on the drive through 
13 
menu board; 
14 
(E) For menu items offered in different flavors and varieties, including, but not limited to, 
IS 
beverages, ice cream, pizza, and doughnuts, the range of calorie content values showing the 
16 
minimum to maximum numbers of calories for all flavors and varieties of that item shall be listed 
17 
on menu boards and menus for each size offered for sale, provided however that the range need 
18 
not be displayed if calorie content information is included on the food item tag identifying each 
19 
flavor or variety of the food item displayed for sale; 
20 
(F) For combinations of different food items listed or pictured as a single menu item, the 
21 
range of calorie content values showing the minimum to maximum numbers of calories for all 
22 
combinations of that menu item shall be listed pn ,menu boards and, menus. If there is only one (1) , 
23 
possible calorie total for the combination, then that total shall be listed on the menu boards and 
24 
menus. 
25 
SECTION 6. Penalties. - The Secretary is empowered to establish and assess penalties or 
26 
fines against a permit holder for violations of this Act or regulations adopted under this Act. In 
27 
no circumstance will any penalty or fine exceed Ten thousand pesos (PIO,OOO.OO) per day for 
28 
each day the permit holder remains in violation of any provision of this Act. 
3 


" 
SECTION 7, Implementing Rules and Regulations, - Within sixty (60) days from the 
2 
enactment of this Act, the Secretary shall promulgate the rules and regulations to implement this 
3 
Act 
4 
SECTION 8, Separability Clause, - If any provision or part hereof is held invalid or 
5 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
6 
valid and subsisting, 
7 
8 
SECTION 9. Repealing Clause, - Any law, presidential decree or issuance, executive 
9 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
10 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
11 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
12 
publication in at least two (2) newspapers of general circulation. 
Approved, 
4