. Sennte

SIXTEENTH CONGRESS OF THE REPUBLIC) Wie of the Seceetary
OF THE PHILIPPINES )
First Regular Session ) 13° ULB At -44
SENATE,
S.No. 1 .
RECEIVED BY; ‘
Introduced by Senator Miriam Defensor Santiago I

EXPLANATORY NOTE

‘The Constitution, Article 11, Section 15, provides:

The State shall protect and promote the right to health of the people and

instill health consciousness among them,

The public should be informed about the health hazards that may result from the
consumption or abuse of alcoholic beverages. Health warning on all containers of alcoholic
beverages is appropriate and necessary in view of the substantial role of the government in
promoting public health and safety.

This bill seeks to increase consciousness on the health hazards that may be associated

with the consumption or abuse of alcoholic beverages by requiring that containers of alcoholic

beverages should carry health warnings.'

Pan shes dala

* This bill was originally filed during the Thirteenth Congress, First Regular Session.

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Senate

SIXTEENTH CONGRESS OF THE REPUBLIC } . (Otte of tye Srvcetary
OF THE PHILIPPINES
First Regular Session }

13, WL 8 ANT 244
SENAT]
yo B72

Introduced by Senator Miriam Defensor Santiago

ROCEIVED BY:

AN ACT
REQUIRING THAT ALCOHOLIC BEVERAGES CARRY HEALTH WARNINGS
ON THEIR CONTAINERS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “Alcoholic Beverage Labeling

Act.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
protect and promote the right to health of the people and instill health consciousness among

them.

SECTION 3. Definition of Terms. - As used in this Act, the term:

(A) “Alcoholic beverage” includes any beverage in liquid form which contains not less
than one-half of one percent of aleohol by volume and is intended for human consumption;

(B) “Bottle” means to fill a container with an alcoholic beverage and to seal such
container;

(C) “Bottler” means a person who bottles an alcoholic beverage;

(D) “Container” means the innermost sealed container irrespective of the material from
which it is made, in which an alcoholic beverage is placed by the bottler and in which such
beverage is offered for sale to members of the general public;

(E) “Health” includes, but is not limited to, the prevention of accidents;

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(F) “Person” means an individual, partnership, joint stock company, business trust,
association, corporation, or any other business or legal entity, including a receiver, trustee, or
liquidating agent;

(G) “Sale” and “distribution” include sampling or any other distribution not for sale; and

(FH) “Secretary” means the Secretary of Health.

SECTION 4. Labeling Requirement. -

(A) Statement Required to be Labeled on Container. - On and after the expiration of the
12-month period following the enactment of this Act, it shall be unlawful for any person to
manufacture, import, or bottle for sale or distribution in the Philippines any alcoholic beverage
unless the container of such beverage bears the following statement:

“GOVERNMENT WARNING (1) Women should not drink alcoholic beverages during
pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs
your ability to drive a car or operate machinery, and may cause health problems.”

(B) Conspicuous and Prominent Location of Statement on Container, - The statement
required by subsection (A) shall be located in a conspicuous and prominent place on the
container of such beverage, shall be in type of a size, as determined by the Secretary of Health,
and shall appear on a contrasting background. The Secretary shall make ‘such determinations
within ninety (90) days after the enactment of this Act.

(©) Exceptions. - Subsection (A) shall not apply with respect to aleoholic beverages that
are manufactured, imported, bottled, or labeled for export from the Philippines, or for delivery to
a vessel or aircraft as supplies, for consumption beyond the jurisdiction of the internal revenue
laws of the Philippines,

(D) Powers of the Secretary; Rules and Regulations. - The Secretary shall have the power

(1) Ensure the enforcement of the provisions of this Act; and

(2) Issue regulations to carry out this Act.



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SECTION 5. Penalties. - Any person who shall violate the provisions of this Act, or its
implementing rules and regulations, shall be subject to a fine of not less than Fifty Thousand
Pesos (P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00) or
imprisonment of not less than three (3) months but not more than two (2) years, or both, at the

discretion of the court.

SECTION 6. Report to Congress. - If, after the expiration of the twenty four (24) months
following the enactment of this Act, the Secretary finds that available scientific information
would justify a change in, addition to, or deletion of the statement, or any part thereof, set forth
in Section 4 (A) of thi8 Act, the Secretary shall promptly report such information to Congress
together with specific recommendations for such amendments to this Act as the Secretary

determines to be appropriate and in the public interest.

SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting,
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent

with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 9. Effectivity Clause, - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general cireulation.

Approved,