Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8128

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

One of the leading causes of deaths in the Philippines is coronary heart disease (CHD). According
to World Health Organization's data published in 2018, deaths due to coronary heart disease has
reached 120,800 or 19.83% of total deaths in the Philippines. In a 2016 data by WHO,
cardiovascular diseases (CVDs) amount to 35% of the total deaths due to non-communicable
diseases. Considering the upward trend of CVD deaths, and pursuant to the constitutional
provision to promote and protect the people's right to health, it is imperative that the State
address the problem of CHD and CVD mortalities.

With CVDs, prevention is better than cure. Preventive health care and the promotion of healthy
lifestyle is a significant pillar of public health. As such it is important that we look into the causes
of CVDs and how we can curb them. Consumption of industrially produced trans-fatty acids (TFA)
is strongly associated with increased risk of coronary heart disease, which is the most common
among CVDs. According to WHO, more than 500,000 deaths in the world in 2010 were attributed
to increased intake of TFA. As industrially produced TFA have no known health benefits, its
elimination from the food supply is an effective intervention to reduce the risk of CVDs and
improve nutritional quality of diets.

In this regard, this proposed measure seeks to regulate TFA in the nation’s food supply, in
recognition of the people's right to safe and nutritious food free from substances that could
increase their risk of contracting deadly diseases. This measure shall prohibit the manufacture,
importation, distribution, and sale of partially hydrogenated oils (PHOs), oils and fats with high
TFA content and prepackaged and processed food with PHOs and high TFA content.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

REP. JOY MYRA S. TAMBUNTIN
‘2nd District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 8128

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
TO PROTECT FILIPINOS FROM THE HARMFUL EFFECTS OF TRANS-FATTY ACIDS,
AND FOR OTHER PURPOSES

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

Article I
General Provisions

SECTION 1. Short Title. — This Act shall be known as the "Trans-Fat Free Philippines Act."

SECTION 2. Declaration of Policy. — It is the policy of the State to protect and promote the
right to health of the people and instill health consciousness among them. The State recognizes
the right of people to safe and nutritious food, free from substances like trans-fatty acids (TFA)
that increase their risk of contracting deadly diseases.

The State shall prioritize health promotion and preventive care as it progresses towards universal
health care. In this regard, the State shall protect Filipinos from the threat of death and diseases
linked to TFA consumption by progressively removing industrially produced TFA from the food
supply.

SECTION 3. Definitions of Terms. — For the purposes of this Act, the following terms shall be
defined as follows:

(@) Certificate of Product Registration (CPR) - an authorization issued by the Food and Drug
Authority (FDA) for specific health products including food, after evaluation and approval
of submitted registration requirements.

(b) Distributor - means any person to whom a consumer product is delivered or sold for
purposes of distribution in commerce but excluding the manufacturer or retailer of such
product. Distributors may be Importers, exporters, traders, and wholesalers.

(c) Food — any substance or product, whether processed, partially processed, or unprocessed
that is intended for human consumption. It includes drinks, chewing gum, water and other
substances that were used as an ingredient or a component in the manufacture,


preparation or treatment of food, such as oils and fats, whether sold alone or incorporated
in processed food and/or prepackaged food.

(d) Food Service Establishment ~ means any establishment that prepares, serves, markets,
sells, or offers for sale, food or drink to be consumed within the establishment or taken-
‘out.

(e) Healthy Alternative Oils, Fats, and Oilseeds — oils, fats, and oilseeds rich in
polyunsaturated fatty-acids or monounsaturated fatty-acids and with low levels of
saturated fatty-acids.

(f) Importer — the consignee or the Philippine agent or representative of a foreign owner or
consignee of raw materials, ingredients and/or finished products at the time of entry of
such article into the Philippines.

(g) Industrially-Produced TFA — trans-fatty acids created as a by-product when fats and oils
are modified by the use of industrial processing techniques.

(h) License to Operate (LTO) ~ a license granted by the FDA to establishments involved In
the manufacturing, packaging, re-packaging, importation, exportation, distribution, and
retailing of processed foods, drugs, medical devices, in vitro diagnostic reagents,
cosmetics, and household hazardous substance products.

() Manufacturer - means any person who manufactures, assembles or processes food
products, including any person who attaches one's own brand name to a consumer
product manufactured, assembled, or processed for them. In the case of imported
products, the manufacturer's representatives or, in their absence, the importer shall be
deemed the manufacturer.

G

Micro, small and medium enterprise (MSME) — any business activity or enterprise engaged
in industry, agribusiness and/or services, whether single proprietorship, cooperative,
partnership or corporation whose total assets, inclusive of those arising from loans but
exclusive of the land on which the particular business entity's office, plant and equipment
are situated, and must have value falling under the following categories:

(0) Micro: not: more than P3,000,000;
(ii) ‘Small: P3,000,001 - 15,000,000; and
(iii) Medium: P15,000,001 -P100,000,000.

The above definitions shall be subject to review and adjustments by the Micro, Small and
Medium Enterprises Development (MSMED) Council under Section 6 of RA 9501 or the
Magna Carta for Micro, Small and Medium Enterprises, or upon recommendation of
sectoral organizations concerned, taking into account inflation and other economic
indicators.

(k) Partially Hydrogenated Oil (PHO) — fat or oil that has been hydrogenated, but not to
complete or near complete saturation, and with an iodine value greater than 4, as
determined by a method that is suitable for this analysis.


(1) Prepackaged Food — processed food prepared in advance and placed in a container,
labelled and ready for sale or distribution, or for catering purposes.

(m) Processed Food ~ any food that has been subjected to any action that substantially alters
the initial raw materials or product or ingredients.

(n) Retailer — any establishment that sells or offers to sell any food product directly to the
general public.

(0) TFA — all fatty acids with a double bond in the trans configuration, regardless of whether
they are produced industrially or come from ruminant sources.

SECTION 4. Scope and Application. — This Act shall apply to all food busir operators as

defined under Republic Act No. 10611 or the "Food Safety Act."

Article IT
Roles and Responsibilities

SECTION 5. Lead Agency. — The Department of Health (DOH) shall be responsible for ensuring
that the provisions of this Act are implemented. As lead agency, the DOH shall perform the
following functions:

(a) Convene and lead the inter-agency TFA Task Force composed of the following agencies
for the implementation of this Act:

i. National Nutrition Council (NNC);
ii, FDA;
iii, Department of the Interior and Local Government (DILG);
iv. Department of Trade and Industry (DTI);
v. Department of Science and Technology (DOST);
vi. Department of Agriculture (DA);
vii. Department of Finance; and
viii, Other agencies identified by the DOH;
(b) Issue policies, rules, regulations, and standards for the Implementation of this Act; and
(c) Oversee and monitor the implementation of this Act.
SECTION 6. Assistance and Capacity Building for Local Implementation and

Enforcement. - The FDA, in coordination with DILG and other relevant agencies, shall
strengthen the capacity of local government units (LGUs) in implementing and enforcing the


provisions of this Act with regard to prepackaged and processed food produced and marketed in
traditional markets and food service establishments.

The FDA shall assist LGUs in regulating food service establishments, upon request of the LGU.
‘Such assistance shall include the use of laboratories for testing and sharing of information relevant
to products registered with the FDA.

SECTION 7. Research and Development. — The DOST shall:

(a) Conduct continuing research to identify and develop Healthy Alternative Oils and food
products such as:

i. Healthy Alternative Oilseeds through crop diversification programs and
agricultural research, in coordination with the DA;

ii, Healthy oils and fats through the application of oil modification techniques and
other methods; and

iii, Healthy food products through product reformulation, research, and
development; and

(b) In coordination with the FDA, develop or adopt technology to reduce the cost of TFA
testing.

SECTION 8. Oilseeds Crop Diversification. — The DA shall implement an oilseeds crop
diversification program and conduct continuing research and development to support the
production of Healthy Alternative Oilseeds in coordination with DOST.

SECTION 9. Trainings and Seminars on Reformulation. - The DOH, in coordination with
FDA, DTI, DOST-Philippine Council for Health Research and Development, DOST-Food and
Nutrition Research Institute (DOST-FNRI), DILG, and the Technical Education and Skills
Development Authority, shall conduct trainings and seminars for food business operators and
food service establishments on the reformulation of food products to comply with the provisions
of this Act, and the use of health alternatives of oils.

Article IIT
Prohibited Acts

SECTION 10. Prohibition on the manufacture, importation, distribution and sale of
PHOs and oils and fats with high TFA content. — The manufacture, importation, distribution
and sale of the following are prohibited:

(a) _PHOs to be consumed alone or used in preparation of food products;

(b) Oils and fats made or blended with PHOs; and

(©) _ Oils and fats with TFA content of more than 2g per 100g.


No registration, license or permit shall be issued to any food manufacturer, importer or distributor
that manufactures, imports, distributes, or sells food in violation of this provision.

SECTION 11. Prohibition on the manufacture, importation, distribution and sale of
processed and prepackaged food with PHOs and high TFA content. — The manufacture,
Importation, distribution and sale of the following are prohibited:

(a) Processed and prepackaged food prepared with PHOs, including food prepared by food
service establishments;

(b) Processed and prepackaged food prepared with oils and fats made or blended with
PHOs, including food prepared by food service establishments; and

(©) Processed and prepackaged food with TFA content of more than 2g per 100g of total
fat.

No registration, license or permit shall be issued to any food manufacturer, importer or distributor
for any processed or prepackaged food manufactured, imported, distributed or sold in violation
of this provision.

SECTION 12. Prohibition on trans-fat free claims. — Claims on the packaging, labelling,
marketing, or advertising, that a food product is TFA free is prohibited, A TFA free claim is any
claim that states or suggests that the food product does not contain TFA, such as "Trans Fat
Free," with "Og Trans Fat," or any other similar claim.

SECTION 13. Material misrepresentation. — Any material misrepresentation with regard to
the requirements mandated by the FDA in the application for a CPR shall be a ground for the
imposition of appropriate penalties prescribed under this Act. For purposes of this Act, there is
material misrepresentation when the applicant makes a false representation of a material fact in
the application for a CPR, tending directly to induce the FDA to grant the application when
otherwise it will be denied.

Article IV
Enforcement

SECTION 14. Enforcement agencies. - The FDA and LGUs shall be responsible for the
enforcement of this Act with regard to the following food products:

(a) Processed and prepackaged food - The FDA shall enforce the provisions of this Act in
relation to prepackaged and processed food including oils and fats, whether domestic
or imported.

(b) Food produced and marketed in traditional markets and food service establishments
~ The LGUs shall enforce the provisions of this Act with regard to prepackaged and
processed food produced and marketed in traditional markets and food service
establishments within their jurisdiction.

SECTION 15. Inspection powers and record-keeping. - The FDA, through its authorized
agents, shall have the power to inspect the premises and records of food manufacturers to


determine compliance with this Act. The FDA shall issue guidelines on record-keeping and
inspection procedures.

SECTION 16. Enforcement procedure for processed and prepackaged food. - The
existing rules of procedure in administrative proceedings of the FDA shall apply in the handling
of cases and violations committed under this Act with regard to processed and prepackaged food.

SECTION 17. Enforcement for traditional markets and food service establishments. —
LGUs, through an appropriate issuance, shall establish a mechanism to enforce the provisions of
this Act with regard to prepackaged and processed food produced and marketed in traditional
markets and food service establishments within their jurisdiction and shall impose penalties for
violations thereof.

SECTION 18. Civil society participation for monitoring and surveillance. — The FDA shall
implement programs encouraging citizen participation in the conduct of post-market monitoring
and surveillance of TFA content in food and reporting violations of this Act. For this purpose, the
FDA shall develop and publicize a web-based user-friendly consumer complaints portal to
encourage citizen participation.

Article V
Fines and Penalties

SECTION 19. Administrative Penalties. — The following administrative penalties shall be
imposed on food business operators found to be in violation of Sections 10, 11, and 12 of this
Act:

(2) For the first violation, a fine of not less than Fifty Thousand Pesos (P50,000.00) but not
more than One Hundred Thousand Pesos (P100,000.00) and suspension of the CPR and/or
LTO for one (1) month;

(b) For the second violation, a fine of not less than One Hundred Thousand Pesos
(P100,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) and
suspension of CPR and/or LTO for three (3) months; and

(c) For the third violation, a fine of not less than Two Hundred Thousand Pesos (P200,000.00)
but not more than Three Hundred Thousand Pesos (P300,000.00). Suspension of CPR
and/or LTO for one (1) year or revocation of the CPR, LTO, and other relevant licenses
and permits.

The following administrative penalties shall: be imposed on food businesses operators found to
be in violation of Section 13 of this Act:

(a) For the first violation, a fine of not less than One Hundred Thousand Pesos (P100,000.00)
but not more than Two Hundred Thousand Pesos (P200,000.00) and suspension of the
CPR and/or LTO one (1) year; and

(b) For the second violation, a fine of not less than Two Hundred Thousand pesos
(P200,000.00) but not more than Three Hundred Thousand Pesos (P300,000.00) and
revocation of CPR and/or LTO.


The imposition of fines shall take into consideration the annual gross sales, capital investment
and employee size of the food business operator.

SECTION 20. Imprisonment. - In addition to administrative penalties, the following penalties
of imprisonment may be imposed on food business operators:

(2) For violations under Sections 10, 11, and 12, Imprisonment of not less than one (1) month
but not more than six (6) months; and’

(b) For violations under Section 13, imprisonment of not less than six (6) months but not
more than one (1) year.

Criminal and administrative actions for violations of this Act may be instituted separately and
independently from one another. Should the offense be committed by a juridical person, the Chair
of the Board of Directors, the President, General Manager, or the partners and/or the persons
directly responsible therefor shall be penalized.

If the offender is an alien, he shall be deported after service of sentence and payment of fine
without further deportation proceedings.

In case the violation is committed by, or in the interest of, a foreign juridical person duly licensed
to engage in business in the Philippines, such license to engage in business in the Philippines shall
immediately be revoked.

The above penalties shall not preclude the imposition of applicable penalties by LGUs, and any
other sanctions under applicable laws, rules; and regulations.

SECTION 21. Other Penalties. — In addition to the foregoing fines and penalties, the following
sanctions may also be imposed:

(a) Seizure and condemnation, destruction and/or appropriate disposition of noncompliant
food products by the FDA; and/or

(b) Closure of establishment by the LGUs having jurisdiction.

Article VI
TFA Testing and Enforcement Capacity

SECTION 22. Accredited laboratories and testing centers. - The FDA and DTI-Philippine
Accreditation Board (PAB) shalll jointly accredit public and private laboratories capable of testing
TFA content in food. The FDA and DTI-PAB shall develop, issue, and publish accreditation
procedures and qualification requirements for testing facilities within’ six (6) months from the
effectivity of this Act. The FDA shall adopt mechanisms to reduce the cost of TFA testing in all
accredited laboratories and testing centers.

SECTION 23. Regional laboratories and testing centers. - Regional laboratories and
testing centers shall assist LGUs in monitoring and enforcing the provisions of this Act within their
respective jurisdictions as provided in Section 14.


SECTION 24. Resources and manpower. — The FDA shall determine and ensure enough
resources and manpower needed for the Implementation of this Act.

In coordination with DOST, the FDA shall ensure that all FDA and DOST regional laboratories
have the equipment and resources to conduct testing of TFA content in food.

In coordination with relevant agencies, the FDA shall determine and ensure the adequacy of
personnel trained on TFA regulation, testing, monitoring and surveillance.

SECTION 25. Duty-free importation of TFA testing equipment. - The importation of
laboratory equipment for testing TFA shall be exempt from payment of customs duties and taxes.

Article VII
Incentives for Replacing TFA

SECTION 26. Early compliance incentives for MSMEs. - The DTI and LGUs, through its
business process and licensing offices, shall develop and implement policies and programs
providing incentives for MSMEs to encourage early voluntary compliance with this Act.

SECTION 27. Expedited processing for CPR applications on reformulated products. —
The FDA shall expedite the assessment of new CPR applications for food products reformulated
in compliance with this Act.

Article VIII
Miscellaneous Provisions

SECTION 28. Consumer information, education, and communication program. - The
DOH, in coordination with the Philippine Information Agency, Department of Education,
Commission on Higher Education, and Department of Information and Communication
Technology shall develop and implement a comprehensive Information, education and
communications program to raise public awareness on the provisions of this Act, the health harms
resulting from TFA, sources of TFA in the diet, and ways to replace PHOs with Healthy Alternative
Oils, Fats, and Oilseeds.

SECTION 29. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the DOH shall develop and Issue implementing rules and regulations (IRR)
of this Act in consultation with NNC, FDA, DILG, DTI, DOST, DA, and other relevant government
agencies and stakeholders.

SECTION 30. Transitory Provisions. — Within two (2) years from the effectivity of this Act:

(a) Food manufacturers and importers shall comply with the additional requirements for CPR
application as determined by the FDA; and

(b) Food business operators shall be allowed to sell their existing food products that do not
comply with Sections 10 and 11 of this Act.

All manufacturers, importers, distributors, and retailers of oils and fats, and food service
establishments shall be required to submit their existing Inventory of food products as of the date
of effectivity of this Act to the FDA and DTI. Food business operators shall submit their inventory


within sixty (60) days from the effectivity of the IRR of this Act to monitor the phase out of
noncompliant food products.

SECTION 31. Monitoring and Evaluation. — The DOH shall periodically report to the President
and the Congressional Committees on Health, Agriculture and Food, and Trade and Industry on
the implementation of this Act. The DOH shall, in coordination with DOST-FNRI, further monitor
and evaluate the following:

(a) TFA exposure screening and surveillance - The DOST-FNRI shall include the regular
screening and monitoring of TFA population consumption in the expanded national
nutrition survey; and

(b) TFA nutrient profiling - The DOST-FNRI shall include the testing and monitoring of TFA
content in food in the food composition table and food composition databases.

SECTION 32. Appropriations and Use of Fees, Charges and Penalties. — The initial
amount necessary for the implementation of this Act shall be charged against the current
appropriation of all concerned agencies. Such funds necessary for the continued implementation
of this Act shall be included in the annual General Appropriations Act.

All fines and fees that may be collected from the enforcement of this Act shall be used exclusively
for its implementation.

SECTION 33. Conflict of Interest. — Pursuant to the fundamental objective of this Act to
advance public health, the Implementation and enforcement of this Act and the development of
related policies shall promote multisectoral coordination while safeguarding against potential
conflict of interest.

SECTION 34. 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 35. 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 36. Effectivity Clause. — Notwithstanding the non-issuance of the IRR, this Act shall
take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper
of general circulation.

Approved,