FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
8 P[:i ' i . 
Second Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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. 
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 and miss out on the more nutrient rich 
food groups. Consumers are unaware of the calorie and nutritional content of their 
choices and this leads to an unhealthy eating pattern. 
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Consumers lack easily accessible information to make informed choices when 
eating in restaurants. Nutrient content 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. Provision of calorie and nutrient information on menu 
and menu boards is an important way to accomplish the mandate of the Constitution. The 
consuming public is unable to make an informed choice as to which menu item is more 
nutritious as opposed to others in a food service establishment. This bill seeks to address 
the problems of obesity, improper nutrition and the diseases they cause. This will give 
consumers an informed choice when placing orders in food service establishments. 
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IRIAMDEF %r- 
SORS 
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, .’ 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
8 [)[;r ::j 
1 
Second Regular Session 
1 
S.B. No. 
Y 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REQUIRING THE POSTING OF NUTRITIONAL CONTENT 
INFORMATION IN MENU BOARDS OF FOOD SERVICE ESTABLISHMENTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Nutritional Content in Menu 
Boards Act of 2008.” 
SECTION 2. DeJinition of terms. -As used in this Act, the tern- 
(A) “Covered food service establishment” is a food service establishment that is one of a 
group of 15 or more food service establishments doing business nationally, offering €or 
sale substantially the same menu items, in servings that are standardized €or portion size 
and content, that operate under common ownership or control, or as franchised outlets of 
a parent business, or do business under the same name; 
(B) “Menu” shall mean a printed list or pictorial display of a food item or items, and their 
price(s), that are available for sale from a covered food service establishment and shall 
include menus distributed or provided outside of the establishment; 
(C) “Menu board” shall mean any list or pictorial display of a food item or items and 
their pnce(s) posted in and visible within a covered food service establishment or outside 
of a covered food service establishment for the purpose of ordering from a drive-through 
window; 
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(D) “Menu item” shall mean any individual food item, or combination of food items, 
listed or displayed on a menu board or menu that is sold by a covered food service 
establishment: 
(E) “Department” refers to the Department of Health; 
(F) “Secretary” refers to the Secretary of the Department 
SECTION 3. Scope and applicability. - This Act shall apply to menu items that are 
served in portions the size and content of which are standardized at a covered food service 
establishment. This section shall not apply to menu items that are listed on a menu or menu 
board for less than 30 days in a calendar year. 
SECTION 4. Compliance Certificate Requirement. - 
(A) A compliance certificate issued by the Department shall be required prior to the 
operation of any food service establishment. The owner of the establishment shall file an 
application for a compliance certificate with the Department on a form prescribed by the 
Department; 
(B) All certificates issued by the Department under this Act shall expire after three (3) 
years from date of issue and may be renewed by submission to the Department at least 30 
days before the expiration date a compliance certificate renewal application; 
(C) The Department may refuse to renew the certificate of any owner or operator who has 
been found to be in violation of this Act; 
(D) Each food service establishment shall be inspected at least once every three years 
after the initial year in which the establishment was granted a certificate; 
(E) Existing food service establishments have two years from the date of effectivity of 
this Act to secure a compliance certificate, subject to reasonable rules to be prescribed by 
the Secretary. 
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SECTION 5. Requirements for food establishments. -Before an operator may be granted 
a compliance certificate, he must observe the following requirements- 
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(A) All menu boards and menus in any covered food service establishment shall contain 
the nutrient content in each serving size or other unit of measurement of the food 
including the total fat, saturated fat, cholesterol, sodium, sugars, dietary fiber, total 
protein, and any vitamin, mineral or other nutrient required to be placed on the menu if it 
is determined that such information will help the consumer in maintaining healthy dietary 
practices; 
(B) All menu boards and menus in any covered food service establishment shall bear the 
total number of calories derived from any source for each menu item they list. Such 
information shall be listed clearly and conspicuously, adjacent or in close proximity such 
as to be clearly associated with the menu item, using a font and format that is at least as 
prominent, in size and appearance, as that used to post either the name or price of the 
menu item; 
(C) Calorie content values (in kilo calories) and nutrient values required by this section 
shall be based upon a verifiable analysis of the menu item, which may include the use of 
nutrient databases, laboratory testing, or other reliable methods of analysis, and shall be 
rounded to the nearest ten (10) calories for calorie content values above 50 calories and to 
the nearest five (5) calories for calorie content values 50 calories and below; 
(D) When a food item is displayed for sale with a food item tag, such food item tag shall 
include the calorie content value and nutrient information for that food item in a font size 
and format at least as prominent as the font size of the name of the food item; 
(E) Calorie content values and nutrient content at drive-through windows shall be 
displayed on either the drive through menu board, or on an adjacent stanchion visible at 
or prior to the point of ordering, so long as the calorie and nutrient content values are as 
clearly and conspicuously posted on the stanchion adjacent to their respective menu item 
names, as the price or menu item is on the drive through menu board; 
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(F) For menu items offered in different flavors and varieties, including, but not limited to, 
beverages, ice cream, pizza, and doughnuts, the range of calorie content values showing 
the minimum to maximum numbers of calories for all flavors and varieties of that item 
shall be listed on menu boards and menus for each size offered for sale, provided 
however that the range need not be displayed if calorie content information is included on 
the food item tag identifying each flavor or variety of the food item displayed for sale; 
(G) For combinations of different food items listed or pictured as a single menu item, the 
range of calorie content values showing the minimum to maximum numbers of calories 
for all combinations of that menu item shall be listed on menu boards and menus. If there 
is only one possible calorie total for the combination, then that total shall be listed on the 
menu boards and menus. 
SECTION 6. Penalties. - The Department is empowered to establish and assess penalties 
or fines against a permit holder for violations of this Act or regulations adopted under this Act. In 
no circumstance will any penalty or fine exceed P10,OOO.OO per day for each day the permit 
holder remains in violation of any provision of this Act. 
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 circulation. 
Approved, 
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