Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. __5319

Introduced by Representatives
ESTRELLITA B. SUANSING AND HORACIO P. SUANSING, JR.

EXPLANATORY NOTE

Non-communicable diseases are estimated to account for 67% of deaths
in the Philippines. Cardiovascular diseases and diabetes mellitus are among
the top ten leading causes of deaths of Filipinos, with the former ranking
first.2 Unhealthy diet is one of the many factors responsible for the high
prevalence of such diseases. The program of the Department of Health
promoting healthy lifestyle includes proper diet, among others, to prevent and
control non-communicable diseases. Programs of the government such as
these have led Filipino consumers becoming aware enough to read nutrition
labels on the food and beverages they purchase. While it is encouraged to
prepare healthy meals at home, the busy Filipino does not have time to do
this, thus, most resort to either dining out, ordering out or just have food
delivered to their homes, without knowing the nutritional content of the food
they are buying.

Requiring the covered establishments to display nutritional
information on their menus and menu boards will help Filipinos make an
informed and healthier decision on their food choices. Moreover, customers
with dietary restrictions (e.g., low carbohydrate diet or low sodium diet) will
be able to dine in or take-out meals from covered establishments without fear
of going over their nutrient limits.

In view of the foregoing, the immediate passage of this bill is
earnestly sought.

JANSING REP. HORACIO/P. SUANSING, JR.
cija 2e4 District, Sultan Kudarat

+ World Health Organization - Non Communicable Diseases Country Profiles (Philippines) 2014
2 Mortality: Top Ten (10) Leading Causes, Philippines, 2013, Department of Health website (www.doh.gov.ph]
accessed June 4, 2018.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__°319

Introduced by Representatives
ESTRELLITA B. SUANSING AND HORACIO P. SUANSING, JR.

AN ACT
MANDATING RESTAURANTS AND OTHER SIMILAR FOOD
ESTABLISHMENTS TO DISCLOSE AND DISPLAY NUTRITIONAL
INFORMATION OF FOOD AND BEVERAGES ON THEIR MENUS AND MENU
BOARDS

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 “Menu Labeling
Act.”

SEC. 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. Towards this end, the State hereby mandates
restaurants and other similar food establishments to disclose and display
nutritional information of food and beverages on their menus and menu
boards to help Filipinos make an informed and healthier decision on their
food choices.

SEC. 3. Definition of Terms. - As used in this Act, the following terms shall
mean:

(a) Restaurant or other similar food establishments - a business
establishment that prepares and sells food and beverages directly to
consumers for immediate consumption;

(b) Menu and menu boards - the primary writing of the covered
establishment from which a customer makes an order selection. These
include, but are not limited to, breakfast, lunch, and dinner menus;
dessert menus; beverage menus; children’s menus; other specialty
menus; electronic menus; and online menus;

(©) Standard menu item ~ food that is routinely included on a menu or
menu board or routinely offered as a self-service food or food on display;


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(d) Self-service foods ~ food that is available at a salad bar, buffet line,
cafeteria line, or similar self-service facility, including self-serve
beverages, that are served by customers themselves;

(e) Food on display - food that is visible to the customer before the
customer makes a selection, so long as there is not an ordinary
expectation of further preparation;

(), Custom order—a food order that is prepared in a specific manner based
on an individual customer's request, which requires the restaurant or
other similar food establishment to deviate from its usual preparation
of a standard menu item;

(g) Daily special - a menu item that is prepared and offered for sale on a
particular day, that is not routinely listed on a menu or menu board or
offered by the restaurant or other similar food establishment, and that
is promoted by said restaurant or other similar food establishment as a
special item for that particular day;

(h) “Offering for sale substantially the same menu items” — means offering
for sale a significant proportion of menu items that use the same
general recipe and are prepared in substantially the same way with
substantially the same food components, even if the name of the menu
item varies.

SEC. 4. Covered Establishments. - Every restaurant or other similar food
establishment that is part of a chain with five (5) or more locations doing
business under the same name, regardless of the type of ownership, and
offering for sale substantially the same menu items shall comply with the
requirements set forth in this Act.

SEC. 5. Disclosure of Nutritional Information. - For each standard menu
items offered for sale, covered establishments shall disclose the corresponding
nutrient content, in a clear and conspicuous manner, provided herein:

(a) On the menu listing of the items for sale, adjacent to its name, so as to
be clearly associated therewith, the number of calories contained in
each serving size or other unit of measure of such item.

(b)In a written form available within the premises of the covered
establishment and as well as to the customer upon request, with a
prominent and clear statement of such availability on the menu board
the amount of the following nutrients contained in each serving size or
other unit of measure of such item:

Total calories;
ii. Calories from fat;
iii. Total fat;



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iv. Saturated fat;
v. Trans fat;

i. Cholesterol;
Sodium;

Total carbohydrates;
Dietary fiber;
Sugars; and
Protein.

SEC. 6. Statement Regarding the Significance of Calorie Information on
Menus and Menu Boards. - The following statement, “2,000 calories a day is
used for general nutrition advice, but calorie needs vary.” shall be posted
prominently and in a clear and conspicuous manner to enable consumers to
understand, in the context of a total daily diet, the significance of calorie
information provided in menus and menu boards.

For menus and menu boards targeted to children, the following options
may be used as a substitute for or in addition to the above statement:

(a) “1,200 to 1,400 calories a day is used for general nutrition advice for
children ages 4 to 8 years, but calorie needs vary.”; or

(b) “1,200 to 1,400 calories a day is used for general nutrition advice for
children ages 4 to 8 years and 1,400 to 2,000 calories a day for children
ages 9 to 13 years, but calorie needs vary.”

SEC. 7. Self-service Menu Items. ~ In the case of standard menu items sold
at a salad bar, buffet line, cafeteria line, or other similar self-service facility,
and for self-service items that are on display, covered establishments shall
place adjacent to each item a sign which states the nutritional content of each
displayed item.

SEC. 8. Variable Menu Items. - In the case of variable menu items,
disclosure of the caloric and nutrient content shall be made for each flavor or
variety of said item. For variable standard menu items, however, whose
ingredients are chosen or determined by the customers themselves, such
disclosure shall be made separately for each ingredient, topping, add-on or
variable component at a given quantity, whether in a posted list or adjacent
to the container. There shall likewise be a visible statement of the availability
of the written form described in Section 5 (b) of this Act.

SEC. 9. Online Menu Items. - Covered restaurants accepting online orders
shall provide the required information through a menu or menu board
uploaded on their websites.


SEC. 10. Non-applicability to Certain Food Items. - The nutritional
information disclosure is not required to be listed for condiments, daily
specials, custom orders, or temporary/seasonal menu items.

SEC. 11. Determination of Nutrient Content. - A covered establishment
must have a reasonable basis for its nutritional content disclosure, in the
form of nutrient databases, cookbooks that provide nutritional information,
laboratory analyses performed by laboratories accredited by the Food and
Drug Administration, and other reasonable means.

SEC 12. Disclosure of Compliance Certificate. - All covered establishments
are hereby directed to apply for and secure, as an additional requirement for
their operation, within twelve (12) months from the effectivity of this Act, a
Nutrition Disclosure Compliance Certificate (NDCC) from the Food and Drug
Administration (FDA). The NDCC shall be valid for a period of three (3) years
from the date of issuance and may be renewed at least thirty (30) days before
its expiration. The FDA may refuse to renew the NDCC of the covered
establishment found to be in violation of this Act.

Failure of any covered establishment to secure the NDCC shall be a
ground for the suspension or revocation of its license to operate.

SEC 13. Penalties. - Any person or juridical entity found to be in violation of
this Act shall be punished with a fine of not less than Twenty Thousand Pesos
(P20,000.00) but not more than (P 100,000.00) at the discretion of the court:
Provided, That for any second or additional offenses, the maximum fine shall
be imposed.

SEC 14. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the Director General of the Food and Drug
Administration shall promulgate the necessary rules and regulations for the
effective implementation of this Act.

SEC 15. Separability Clause. - If any provision or part of this Act is declared
invalid or unconstitutional, the provisions not otherwise affected shall remain
valid and subsisting.

SEC 16. Repealing Clause. - All laws, decrees, orders, issuances, rules or
regulations contrary to, or inconsistent with, the provisions of this Act are
hereby repealed, modified or amended accordingly.

SEC 16. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,