FOURTEENTH CONGRESS OF THE REPUBLIC 
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1 
7 
->’ 
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OF THE PHILIPPINES 
First Regular Session 
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S E N A T E  
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Republic Act No. 7394, otherwise known as “The Consumer Act of the 
Philippines” provides: 
“Article 80. Special Packaging of Consumer Products for the Protection of the 
Children. The concerned department may establish standards for the special packaging 
of any consumer product if it finds that: 
the degree or the nature of the hazard to children in the availability of 
such product, by reason of its packaging is such that special packaging 
is required to protect children from serious personal injury or serious 
illness resulting from handling and use of such product.” 
a) 
x x x  
This Act also recognizes the need to provide the requirements for labeling of 
consumer products, thus; 
”Article 7. Promulgation and Adoption of Consumer Product Standards, 
x x x  
e) requirements that a consumer product be marked with or accompanied 
by clear and adequate safety warnings or instructions, or requirements 
respecting the form of warning or instructions.” 
x x x  
However, it does not provide the requirements for special labeling of consumer 
products to provide additional measures to protect children against potential hazards to 
their health and safety. 
It is the objective of this bill to fill the void between the existing law and the need 
to set standardized labeling requirements for certain toys and games for children. 
The immediate passage of this bill is earnestly solicited. 
B
U
 
GGO EJERCITO ESTRADA 
Q 
Senator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 <![:I- -7 
-"> ' ' , 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
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Wf. 
S E N A T E  
Senate Bill No. 4 8 6 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO PROVIDE FOR TOY SAFETY LABELING 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be knbwn as the "The Toy Safety 
AcP'. 
SEC. 2. Declaration of Policy. - It shall be the policy of the State to protect the 
interest of children and to promote their general welfare. Toward this end, the State 
shall implement measures to achieve the following: 
provision of safety and quality standards for consumer products by 
requiring that a consumer product for children be marked with or 
accompanied by clear safety warnings or instructions. 
Protection against hazards and safety; and 
Provision of adequate rights and means of redress. 
a) 
b) 
C) 
SEC 3. Definition of Terms. - For purpose of this Act, the term: 
a) 
"Hazardous substance" means any substance or mixture of substances 
which is toxic, corrosive, irritant, a strong sensitiser, flammable or 
combustible, or generates pressure through decomposition, heat or 
other means, if such substance or mixture or substances cause any 
substantial injury or substantial illness during or as a proximate result of 
any customary or reasonably foreseeable ingestion by children. 
"Commerce" means the sale, lease, exchange, traffic or distribution of 
goods; 
"Label, labeling" means the display of written, printed or graphic matter 
on any consumer product its immediate container, tag, literature or 
other suitable material affixed thereto for the purpose of giving 
information as to identity, components, ingredients, attributes, 
directions for use, specifications and such other information as may be 
required by law or regulations. 
b) 
c) 


"Package" or "packaging" means any container or wrapping in which 
any consumer product is enclosed for use in the delivery or display of 
that consumer product to retail purchasers. 
"Principal display panel" means that part of the label that is most likely 
to be displayed, presented, shown or examined under normal and 
customary conditions of display for retail or sale. 
d) 
e) 
SEC 4. Toy Labeling Requirements. - The packaging of any toy or game 
intended for use by children who are less than ten (IO) years old, any descriptive 
material which accompanies such toy or game, and, in the case of bulk sales of such 
toys or game when unpackaged, any bin, container for retail display, or vending 
machine from which the unpackaged toy or game is dispensed shall bear or contain the 
cautionary statements described in the succeeding paragraph if the toy or game 
includes a small part and is manufactured for sale, offered for sale, or distributed in 
commerce in the Philippines. 
The cautionary statement required for a toy or game shall be as follows: 
WARNING: 
CHOIUNG HAZARD - Small Parts 
Not recommended for children under 3 years 
n 
andlor 
I 
I 
Bawd sa batang wala pang edad na 3 
In the case of any latex balloon, any ball with a diameter of 'l.75 inc..es or less 
intended for children who are less than I O  years of age, or any marble intended for 
children who are less than 10 years of age, or any toy or game which contains such a 
balloon, or marble, which is manufactured for sale, offered for sale, or distributed in 
commerce in the Philippines, the packaging of such balloon, toy, or game; any 
descriptive material which accompanies such balloon, ball, marble, toy or game; and in 
the case of bulk sales of any such product when unpackaged, any bin, container for 


retail display, or vending machine from such unpackaged balloon, ball, marble, toy or 
game is dispensed, shall bear or contain the cautionary statements as follows: 
In the case of balloons, or toys or games that contain latex balloons, the following 
cautionary statement applies: 
I 
can choke or suffocate on uninflated broken 
balloons 
Adult Supervision required. 
Keep uninflated balloons from children. 
Discard broken balloons at once. 
andlor 
10 pababa ang lobong walang hangin o ang 
sirang lobo. 
Kinakailangan ang patnubay ng nakatatanda. 
llayo ang mga lobong walang hangin sa mga bata. 
ltaponkaagad ang mga sirang lobo. 
In the case of balls, the following cautionary statement applies: 
I 
1 
I 
Not recommended for children under 3 yrs. 
I 
and/or 


A 
BABALA: 
MAARING MALULON- Maliit na bola 
Bawal sa bptang wala pang edad na 3. 
In the case of marbles, the following cautionary statement applies: 
I 
.A 
WARNING: 
CHOKING HAZARD - This is a marble 
I 
Not recommended for children under 3 yrs. 
I 
andlor 
I 
,A BABALA 
MAARING MALULON- Ang laruang ito ay 
holen 
Bawal ang batanga wala pang edad na 3. 
In the case of balls, me roilowing caurionary sraremenr applies: 
ball 
Not recommended for children under 3 yrs. 
and/or 
BABALA 
MAARING MALULON- May maliliit na bola 
Bawal sa batang wala pang edad a 3. 
I 


In the case of marbles, the following Cautionary statement applies: 
Not recommended for children under 3 41s. 
and/or 
1 
Bawal sa batang wala pa& edad na 3. 
SEC 5. General Labeling Requirements. - Except as provided in Section 6 and 
7 hereof any cautionary statement shall be displayed in its entirely on the principal 
display panel of the product's package and on any descriptive material which 
accompanies the product, and in the case of bulk sales of such product when 
unpacked, on the bin, container for retail display of the product, and any vending 
machine from which the unpacked product is dispensed and displayed in English or 
Filipino or both, in conspicuous and legible type in contrast by typography, lay-out, or 
color with other printed matter on such package, descriptive materials, bin, container 
and vending machine, and in the manner consistent with the provisions of the RA 7394 
on labeling. 
SEC 6. Exception. - In the case of products manufactured outside the country 
and directly shipped from the manufacturer to the consumer by mail or other delivery 
service, the accompanying materials inside the package of the product may fail to bear 
the required statement if other accompanying material shipped with the product bears 
such statement. 
SEC 7. Special Rules for Certain Packages. - A cautionary statement required 
by Section 4 or in lieu of display on the principal display panel of the product's package, 
shall be displayed on another panel of the package if the package has a principal 
display panel of 15 square inches or less and the required statement is displayed in 
English or Filipino or both and the statement is displayed on the principal display panel 
and is accompanied by an arrow or other indicator pointing toward the place on the 
package where the statement required by Section 5 appears. 
In case of a product to which Section 4, paragraph I applies, the statement is as 
follows: 
SAFETY WARNING. -xi 
And/or 


BABALA NG PAGIINGAT 
A 
In the case of a product to which Section 4, paragraph 2 applies, the statement is 
as follows: 
WARNING: 
/r\ CHOKINGHAZARD 
I 
I 
andlor 
SEC 8. Treatment as Misbranded or Banned Hazardous Substance. - A 
balloon, ball, marble or toy or game that is not in compliance with the requirements of 
this Act shall be considered a misbranded or banned hazardous substance and shall be 
withdrawn .From the market at the expense of the manufacturer or shall not be allowed 
to be distributed, sold or offered for sale unless and until the requirements of this Act is 
complied without prejudice to whatever liability and penalty to be incurred under Section 
I O .  
SEC 9. Report to Department of Trade and Industry. - Each manufacturer, 
distributor, retailer and importer of a marble, small ball or latex balloon, or a toy or game 
that contains a marble, small ball or latex balloon, or other small parts, shall report to 
the Department of Trade and Industry any information obtained by such manufacturer, 
distributor, retailer, or importer which reasonably supports the conclusion that an 
incident occurred in which a child regardless of age choked such a marble, small ball, or 
latex balloon, or on a marble, small ball, latex balloon, or other small part contained in 
such toy or game, and that as a result of that incident the child died, suffered serious 
injury, ceased breathing for any length of time, or was treated by a medical professional. 
SEC I O .  Penalties. - Any person who shall violate any provision of this Act, shall 
be subject to a fine of not less that ten thousand pesos (P10,OOO.OO) but not more than 
fifty thousand pesos (50,000.00) or imprisonment of not less than less three (3) months 
but not more than two (2) years or both at the discretion of the court. If the offense is 
committed by a corporation, trust, firm, partnership or association or other entity, the 
penalty shall be imposed upon the guilty officer or officers of such corporation, trust, 
firm, partnership or association or entity. 
SEC. 11. Regulations. - The Department Of Trade and Industry shall 
promulgate regulations for the implementation of this Act in accordance with the 
provisions of RA 7394 on labeling. In addition, the Department of Trade and Industry 


shall regularly publish the list of all manufacturers, importers, distributors and retailers 
who failed to comply with the requirements of this Act. 
SEC 12. Grace Period. - Manufacturers, retailers, distributors, and importers are 
given one (1) year grace period to comply with theses requirements reckoned from the 
effectivity of this Act. 
SEC 13. 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. 
SEC 14. Repealing Clause. - Any law, presidential decree, or issuance, 
executive inconsistent with the provisions of this Act is hereby repealed, modified or 
amended accordingly. 
SEC 15. Effectivity Clause. - This Act shall take effect fifteen (1 5) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,