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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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Third Regular Session 
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S E N A  
S.B. No. 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Republic Act No. 7394 a.k.a. the “Consumer Act of the Philippines” provides that it is 
the policy of the State to protect the interests of the consumer, promote his general welfare and to 
establish standards of conduct for business and industry. 
It also states that whenever any of the implementing agencies of the law, find, by their 
own initiative or by petition of a consumer, that a consumer product is found to be injurious, 
unsafe or dangerous, it shall, after due notice and hearing, make the appropriate order for its 
recall, prohibition or seizure from public sale or distribution. The Department of Health is the 
implementing agency with respect to food, drugs, cosmetics, devices and substances. 
Hence, this bill seeks to use consumer information maintained by retailers to improve 
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recalls of food. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
Third Regular Session 
OF THE PHILIPPINES 
1 
S E N A T E  
S.B.No. 3326 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
IMPROVING THE COMMUNICATION 
WITH CONSUMERS DURING FOOD RECALL 
SECTION 1. Short Title. - This Act shall be known as the “Improving 
Communication with Consumers During Food Recall Act of 2009”. 
SEC. 2. Using Consumer Information Maintained By Retailers To Improve 
Recalls Of Food. - The Secretary of Health, here called the “Secretary”, shall issue an 
order requiring any retailer of food to: 
(1) inform the Secretary regarding whether the retailer has a system in place 
capable of identifying the persons who purchased the food; and 
(2) issue a recall notice to those persons if the retailer does have such a system in 
place. 
A recall notice issued under paragraph (1) shall be: 
(i) made in such manner, which inay include the use of telephone calls or 
electronic mail, and contain such information as the secretary may require; and 
(ii) issued by the retailer or a third party selected by the retailer. 
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(ii), the Secretary shall: 
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If the Secretary requires a retailer to issue a recall notice for food under paragraph 
(1) identify the manufacturers, importers, distributors, or other persons that most 
likely caused the adulteration or misbranding of the food; and 
(2) by order require such persons to reimburse the retailer for any costs incurred 
to comply with an order issued under paragraph (ii). 


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SEC. 3. Rule of Construction. - This Act shall not be construed to authorize the 
Secretary to require any retailer to: 
(1) establish or maintain a system, or 
(2) provide any information on the retailer’s customers, inventory, or sales 
to the manufacturer, importer, or distributor of the recalled food or to any person 
required to pay reimbursement mentioned in the preceding Section. 
SEC. 4. Applicability. - This Act applies in the case o f  any recall, whether 
voluntary or mandatory, of food that is adulterated or misbranded in a manner that, if 
consumed, may result in illness or injury. 
SEC. 5. Separability Clause. ~ 
If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
remain valid and subsisting. 
SEC. 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instniction, administrative order, rule or regulation contrary to, or 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/fldp 
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