THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Choking is the fourth leading cause of accidental death in children under five (5) years of 
age in the United States. At least one child dies from choking on food every five (5) days in the 
USA and more than 10,000 children are taken to hospital emergency room each year for food 
choking incidents. A choking warning label must placed on food to alert parents ofthis danger. 
i 
Parents need lo be aware of food choking danger. Manufacturers should take the first step 
and place warning labels on their food. This bill seeks for a mandatory warning labels on 
statistically dangerous foods to protect our children from choking hazard. 
MIRIAM DEI~NSOR SANT~AGO 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
S.B.NO. 
1906 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROTECT CHILDREN FROM FOODS THAT POSE A SIGNIFICANT CHOKING 
HAZARD 
Be it enacted by the Senate and House of Repvesentutives of the Philippines in Congress 
assembled: 
SECTION 1. Short Ti&. - This Act shall be known as the "Food Choking Prevention 
Act of 2005." 
SECTION 2. DeJinition of Terms. - 
As used in this Act, the following terms shall 
mean: 
(1) 
"Choking" - the condition caused by blocking the airways to the lungs (as with 
food or swelling of the larynx). 
(2) 
"Label" - the display of written, printed or graphic matter on any consumers 
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, specification and such other information as may be required by law or regulations. 
(3) "BFAD" -the Bureau of Food and Drugs. 
(4) "OCHE" -the Office of Choking Hazard Evaluation. 
(5) "Task Force" -the Choking Hazard Evaluation Task Force. 
SECTION 3. Office of Choking Hazurd Evaluation (OCHE). - 
(1) IN GENERAL. - 
There shall be an OCHE established within the BFAD which will 
promulgate and implement the provision of this Act. The BFAD is encouraged to enter into inter- 
agency agreements with pertinent agencies in establishing and operating the OCHE. 


(2) INFORMATIONAL LABELS. - 
The OCHE shall have the authority to require 
informational labels on food consumed by children that pose a demonstrably high choking risk to 
children. 
(3) RECALL AUTHORITY. -The 
OCHE shall have mandatory recall authority of food 
that the OCHE determines pose a significant and unacceptable choking hazard to the general 
public. 
(4) EDUCATION. - 
The OCHE shall produce educational materials on food choking 
hazards, precautions, and life saving procedures that shall be provided to pediatricians and 
hospital to distribute to patients aged 14 years old and younger. The OCHE shall designate one 
week a year as "National Child Food Choking Prevention Week" and shall widely publicize 
choking hazards and lifesaving procedures during the time period, Child safety, as well as infant 
and CPR classes, shall be made widely available throughout the designated week. 
SECTION 4. Inter-Agency Task Force. - 
(1) CHOKING HAZARD EVALUATION TASK FORCE. - 
The BFAD shall establish 
the Task Force within the OCHE. The officers and staff ofthe Task Force shall be designated by 
the BFAD. 
(2) FUNCTlONS. - 
(a) IN GENERAL. - The Task Force shall be responsible for establishing 
criteria for determining whether a food poses a significant and unacceptable choking hazard. 
(b) AGE-SPECIFIC CRITERIA. - 
In carrying out paragraph (a), the Task Force 
shall establish age-different criteria for choking hazards. 
(3) PUBLIC COMMENT. - 
There shall be a 90-day public comment period after the 
criteria under paragraph (a) which to be announced by the Task Force. 
SECTION 5. Database ofComplaints. -The 
BFAD, in consultation with other pertinent 
agencies, shall ensure that there is in operation a national database of food choking incidents. 


The BFAD shall provide for an adequate reporting system throughout its field offices, 
which members of the health care profession and general public can readily access to report new 
incidents. 
SECTION 6. Reports to Congress. - 
The BFAD shall regularly submit reports to the 
appropriate Committees of the Senate and the House of Representatives regarding the 
implementation 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 provision 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 or in at least two (2) newspapers of general circulation. 
Approved, 
/alp