., 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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Second Regular Session 
) 
'14 
JUN 26 P 4 :57 
SENA.I1l. 
S.No. 
~~91 
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______________________ 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REQUIRING FOOD MANUFACTURERS TO LABEL THEIR PRODUCTS 
FOR CHOKING HAZARDS 
EXPLANATORY NOTE 
Choking is the fourth leading cause of accidental death in children under five years of age 
in the United States. Children under the age of five are at greatest risk for choking injury and 
death. According to the American Academy of Pediatrics, at least one child dies from choking on 
food every five days, and more than 10,000 children are taken to hospital emergency rooms each 
year for food choking incidents. 
Toys, household items, and foods can all be a choking hazard. Among children treated in 
emergency rooms for non-fatal choking incidents, almost 60 percent were food-related. Overall, 
13 percent of cases involved swallowing coins and 19 percent involved candy or gum.' 
Toy manufacturers are required to label.toys for choking hazards. However, the labeling 
by food manufacturers of products that pose a big potential choking risk remains voluntary. t 
Parents need to be aware of food choking danger. Manufacturers should take the first step 
and place warning labels on their food. This bill mandates the placement of warning labels on 
statistically dangerous foods to protect our children from choking hazard. + 
• http://www.safekids.org/safetytipslfield risks/choking-and-strangulation#sthash.2R4roZ9P.dpufLast visited on 18 
June 2014. 
t htlp:llwww.health.ny.gov/prevention/iniury prevention/choking prevention for children.htm Last visited on 18 
June 2014. 
I This bill was originally filed during the Thirteenth Congress, First Regular Session. 


.. ' 
I 
r" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
JUN 26 P 4 :57 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
AN ACT 
2 
REQUIRING FOOD MANUFACTURERS TO LABEL THEIR PRODUCTS 
3 
FOR CHOKING HAZARDS 
4 
SECTION 1. Short Title. - This Act shall be known as the "Food Choking Prevention 
5 
Act." 
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SECTION 2. Definition of Terms. -As used in this Act, the term: 
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(A) 
"Choking" means the condition caused by blocking the airways to the lungs, as 
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with food or swelling of the larynx. 
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(B) 
"Label" means the display of written, printed or graphic 
matter on 
any 
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consumers product, its immediate container, tag, literature, or other suitable material affixed 
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thereto for the purpose of giving information as to identity, components, ingredients, attributes, 
12 
directions for use, specification, and such other information as may be required by law or 
13 
regulations. 
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(C) 
"BFAD" means the Bureau of Food and Drugs. 
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(D) 
"OCHE" means the Office of Choking Hazard Evaluation. 
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SECTION 3. Mandatory Labels on Food Products. -- All food manufacturers shall put 
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informational labels on their food products which pose a demonstrably high choking risk to 
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children, before these food products shall be allowed to be sold, offered for sale, or distributed in 
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the Philippines. The Bureau of Food and Drugs (BFAD) shall confiscate and destroy food 
20 
products found to not contain such informational labels. A fine of not less than Twenty Thousand 


J' 
( 
'W' II 
Pesos (P20,OOO.OO) but not more than Fifty Thousand Pesos (P50,OOO.OO) for each violation shall 
2 
be meted out to any food manufacturer found violating this section. 
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SECTION 4. Office a/Choking Hazard Evaluation (OCHE). -
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(A) 
In General. - There shall be an Office of Choking Hazard Evaluation (OCI-IE) 
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established within the Bureau of Food and Drugs (BFAD) which shall promulgate and 
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implement the provisions of this Act. The TIF AD is encouraged to enter into inter-agency 
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agreements with peliinent agencies in establishing and operating the OCHE. 
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(B) 
Recall Authority. - The OCHE shall have mandatory recall authority of food that 
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the OCHE determines pose a significant and unacceptable choking hazard to the general public. 
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(C) 
Education. - The OCHE shall produce educational materials on food choking 
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hazards, precautions, and life-saving procedures that shall be provided to pediatricians, hospitals, 
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daycare centers, preschools, and schools to distribute to children aged 14 years old and younger 
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and their parents or guardians. The OCHE shall designate one week a year as "National Child 
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Food Choking Prevention Week," and shall widely publicize choking hazards and life-saving 
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procedures during the time period. Child safety, as well as infant and cardiopulmonary 
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resuscitation (CPR) classes, shall be made widely available throughout the designated week. 
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SECTION 5. Database a/Complaints. - The BFAD, in consultation with other pertinent 
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agencies, shall ensure that there is in operation a national database of food choking incidents. 
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The BFAD shall provide for an adequate reporting system throughout its field offices, 
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which members of the health care profession and general public can readily access to report new 
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incidents. 
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SECTION 6. Reports to Congress. - The BF AD shall regularly submit reports to the 
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appropriate committees of the Senate and the House of Representatives regarding the 
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implementation of this Act. 
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SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or 
2 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
3 
valid and subsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
5 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this AGt is hereby repealed, modified, or amended accordingly. 
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SECTION 9. Effictivity Clause. - This Act shall take effect fifteen (15) days after its 
8 
publication or in at least two (2) newspapers of general circulation. 
Approved, 
/jab 
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