EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 854
Senate
Dt tl3f fe fc i-fta rp
T9 
P2--47
Introduced by SENATOR LEILA M. 
-
| ^
 
'
AN ACT
REQUIRING THE DISCLOSURE OF NUTRITIONAL INFORMATION IN 
MENUS OF FOOD SERVICE ESTABLISHMENTS
EXPLANATORY NOTE
Article II, Section 15 of the 1987 Constitution mandates that “[t]he State shall 
protect and promote the right to health of the people and instill health consciousness 
among them.”
According to the research presented in the European Congress on Obesity, by 
2045, almost a quarter of the global population will be obese.1 On the other hand, the 
8th National Nutrition Survey conducted by the Food and Nutrition Research 
Institute in 2013, revealed that three out of ten or 31 percent of Filipino adults are 
overweight or obese. Likewise, the percentage of adults with high waist 
circumference is rising, particularly among females. In the same report, 22.3 percent 
hypertensive and hypertension prevalence was seen among the adult population. 
These statistics are found to be slightly higher among rural versus urban residents. 
Diabetes prevalence is at 5.4 percent and increases drastically among the rich and 
urban dwellers. This coincides with the results of the 2015 study conducted by the 
Asia Roundtable Food Innovation for Improved Nutrition (ARoFIIN) through their 
Economist Intelligence Unit, which states that the Philippines recorded an obesity 
prevalence of 5.1 percent with 23.6 percent of Filipinos being overweight and with 24
1 F o ttre ll, Q u e n tin . M a rk e tW a tc h . Almost a quarter o f the world's population will be obese by 2045. 26 M arch  
2018. R etrieve d  fro m  h ttp s ://w w w .m a rk e tw a tc h .c o m /s to rv /a lm o s t-a -a u a rte r-o f-th e -w o rld s -p o p u la tio n -v tfill- 
b e -o b e se -b v-2 0 4 5 -2 0 1 8 -0 5 -2 4


percent increase between 2010 to 20141 2 3. The same study stated that the Philippines 
has been affected as the worst in terms of reduction in productive years among obese 
males with 8 to 12 years decreases.
Weight gain occurs when more calories are consumed than are expended. 
Eating out, and eating extra calories while eating out, contribute disproportionately 
to the excess calorie intake that fuels the rise in incidence of obesity. Obesity 
increases the risk of diabetes, heart disease, stroke, some cancers, and other health 
problems.
The increase in consumption of away-from-home foods has been facilitated by 
the expansion of fast food and restaurant chains, which serve food that is easily 
available, inexpensive, and high in calories. While packaged foods are already 
required to disclose nutritional facts, meals sold through food establishments contain 
no such disclosure. The health conscious have to guess at the nutritional content of 
meals taken in restaurants. Those who are less aware of the need for proper dieting 
are left oblivious of the nutritional values that they intake, which would potentially 
cause detrimental effects on their health in the long run.
To address the problems of obesity and improper nutrition among Filipinos, 
this bill mandates the disclosure of caloric and nutritional information in menus of 
food service establishments. Nutrient content information provided at the time of 
food selection in food service establishments would enable consumers to make more 
informed and healthier food choices, promote health awareness and proper dieting, 
and assist consumers who are monitoring their diets or dealing with chronic 
diseases, such as cardiovascular disease and diabetes.
In view of the foregoing, early approval of this measure is requested.
LEIIJV M. DE LIIvIA
1 T a d o , H e n ry lito , D. Business M irro r. Obese Filipinos now ballooning. 20 Juiy 2017. R etrieve d  fro m
h ttD s ://b u s in e s s m irro r.c o m .p h /2 0 1 7 /0 7 /2 0 /o b e s e -filip in o s -n o w -b a llo o n in e /
3 Ibid


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s.No. 854
m h 
Senate
of Ihf frrcrctarp
19 
AU6-1 
P2 ^ 7
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
REQUIRING THE DISCLOSURE OF NUTRITIONAL INFORMATION IN 
MENUS OF FOOD SERVICE ESTABLISHMENTS
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section i. Short Title. -  This Act shall be known as the “Nutritional
2 
Information Disclosure Act of 2019”.
3 
Sec. 2. Declaration of Policy. -  The State shall protect and promote the right
4 
of health of the people and instill health consciousness among them. As such, it
5 
recognizes the need to disclose nutritional facts for food and beverages made
6 
available to the public in order to sufficiently instill a sense of health consciousness
7 
among the populace.
8 
Sec. 3. Definition of Terms. -  As used in this Act:
9 
A. Calorie content information -  means the total number of calories per
10 
standard menu item, as that item is usually prepared and offered for sale;
11 
B. Covered food service establishment -  a food service establishment that is one
12 
of a group of 15 or more food service establishments doing business
13 
nationally, offering for sale substantially the same menu items, in servings
14 
that are standardized for portion size and content, that operate under
15 
common ownership or control, or as franchised outlets of a parent business,
16 
or do business under the same name;
17 
C. Drive-thru — means an area where a customer may provide an order for and
18 
receive standard menu items while occupying a motor vehicle;
1


1 
D. Menu -  shall mean a printed list or pictorial display of a food item or items,
2 
and their price(s), that are available for sale from a covered food service
3 
establishment and shall include menus distributed or provided outside of the
4 
establishment;
5 
E. Menu board -  shall mean any list or pictorial display of a food item or items
6 
and their price(s) posted in and visible within a covered food service
7 
establishment or outside of a covered food service establishment for the
8 
purpose of ordering from a drive-through window;
9 
F. Standard menu item -  shall mean any individual food item, or combination of
10 
food items, listed or displayed on a menu board or menu that is offered for
11 
sale or sold by a covered food service establishment through a menu, menu
12 
board, or display tag at least i8o days per calendar year;
13 
G. Nutritional information -  includes, but is not limited to, all of the following,
14 
per menu item;
15 
a. Total number of calories
16 
b. Total number of grams of carbohydrates
17 
c. Total number of grams of saturated fat
18 
d. Total number of grams of protein
19 
e. Total number of milligrams of sodium
20 
H. Reasonable basis — means any reasonable means recognized by the
21 
Department of Health in determining nutritional information, as well as
22 
calorie content information, for a menu item, as usually prepared and offered
23 
for sale, including, but not limited to, nutrient databases, professional and
24 
laboratory analyses; and
25 
I. Department -  refers to the Department of Health.
26 
Sec. 4. Menu Labeling. -  Covered food service establishments shall disclose, in
27 
a clear and conspicuous manner, on their menus and menu boards the calorie
28 
content information, which shall be displayed adjacent to the name of the standard
29 
menu item, so as to be clearly associated with such item. In the case of display tags,
30 
the calorie content information of the standard menu item identified on the display
31 
tag shall be stated thereon.
32 
For the other nutritional information of the standard menu items, as well as
33 
the suggested daily caloric intake of the average Filipino as specified by the Secretary


1 
of Health through the implementing rules and regulations to be issued pursuant to
2 
this Act, covered food service establishments shall disclose the information in a clear
3 
and conspicuous manner on a brochure that is made available at the point of sale
4 
prior to or during the placement of an order. The same information shall also be
5 
made accessible in the website of the covered food service establishment, if available.
6 
In the case of food sold at a salad bar, buffet line, cafeteria line, or similar self-
7 
service facility, and for self-service beverages or food that is on display and that is
8 
visible to customers, a covered food service establishment shall place adjacent to
9 
each food offered a sign that lists calories per displayed food item or per serving.
10 
The disclosure of calorie content information on a menu or menu board next
11 
to a standard menu item that is a combination of at least two standard menu items
12 
on the menu or menu board, shall, based upon all possible combinations for that
13 
standard menu item, include both the minimum and maximum amount of calories
14 
for the calorie count information. If there is only one possible total amount of
15 
calories, then this total shall be disclosed.
16 
The disclosure of calorie content information next to a standard menu item
17 
that is intended to serve more than one individual, shall include the number of
18 
individuals intended to be served by the standard menu item and the calorie content
19 
information per individual serving.
20 
The nutritional information and calorie content information required by this
21 
section shall be determined on a reasonable basis. A reasonable basis determination
22 
of nutritional information and calorie content information shall be required only
23 
once per standard menu item, provided that portion size is reasonably consistent and
24 
the covered food service establishment follows a standardized recipe and trains to a
25 
consistent method of preparation.
26 
Sec. 5. Disclosure in Drive-thru Food Service Establishments. -  A covered
27 
food service establishment that has a drive-thru area and uses a menu board to
28 
display or list standard menu items at the point of sale shall, for purposes of the
29 
drive-thru area only, disclose the nutritional information in a clear and conspicuous
30 
manner on a brochure that is available upon request, and shall conspicuously display
31 
a notice at the point of sale that reads; “NUTRITION INFORMATION IS


1 
AVAILABLE UPON REQUEST” or other similar statement that indicates the
2 
disclosure of nutrition information is available upon request.
3 
Sec. 6. Non-compliance with Menu Labeling Requirement. -  The following
4 
shall be considered non-compliance with menu labeling:
5 
(i) The sale of any food or beverage item by covered establishments without the
6 
required calorie content information, suggested daily calorie intake, and
7 
availability of nutritional information displayed on the menu, menu board, or
8 
display tag;
9 
(2) The sale of any food or beverage item by covered establishments without the
10 
availability of the required nutritional information for all standard menu
11 
items;
12 
(3) The declaration of calorie content information and nutritional information
13 
without reasonable basis therefor; and
14 
(4) The misbranding or erroneous disclosure of calorie content information and
15 
nutritional information of standard menu items.
16 
Sec. 7. Penalties. -  The Department, after notice and hearing, shall impose
17 
any or all of the following administrative sanctions in cases of noncompliance:
18 
a. Suspension of business operations of the non-complying branch or branches
19 
of the covered food service establishment for such period of time as
20 
determined by the Department; and
21 
b. A fine of not less than One Hundred Thousand Pesos (Php 100,000.00) for
22 
the first violation; not more than Five Hundred Thousand Pesos (Php
23 
500,000.00) for the second violation; and not more than One Million Pesos
24 
(Php 1,000,000.00) for the third violation for evrery non-complying branch.
25 
Sec. 8. Implementing Rules and Regulations. -  Within six (6) months from
26 
the date of effectivity of this Act, the Department of Health, in consultation with
27 
other concerned agencies, non-governmental organizations, private sector and
28 
consumer groups involved in nutrition, shall promulgate the necessary implementing
29 
rules and regulations to implement the provisions of this Act.


1 
Sec. 9. Separability Clause. - If any provision of this Act is declared invalid or
2 
unconstitutional, the provisions not affected thereby shall continue to be in full force
3 
and effect.
4 
Sec. 10. Repealing Clause. - All laws, executive orders, presidential decrees,
5 
presidential proclamations, letters of instruction, rules and regulations or parts
6 
thereof inconsistent with the provisions of this Act are hereby repealed or modified
7 
accordingly.
8 
Sec. 11. Effectivity. - This Act shall take effect within fifteen (15) days following
9 
its publication in the Official Gazette or in two (2) newspapers of general circulation 
10 
in the Philippines.
Approved,