Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

House Bill No. 4 338

INTRODUCED BY Hon. John Marvin “Yul Servo” Nieto, Hon. Edward V.P-
Maceda, Hon. Rodolfo C. Farifias, Hon. Edcel C, Lagman, Hon. Pantaleon
D. Alvarez, Hon. Antonio L. Tinio, Hon. Tom S. Villarin, Hon. Gary C.
Alejano, Hon, Jose L. Atienza Jr., Hon. Rodante D. Marcoleta, Hon.
Ronaldo B. Zamora and Hon. Leo Rafael M. Cueva

EXPLANATORY NOTE

This bill seeks to mandate a disclosure of the Nutritional Contents of Standard
Menu items in chain restaurants and similar retail food establishments.

Article ll, Section 15 of the 1987 Philippine Constitution provides that:”

“The State shall protect and promote the right to health of the people and instill
health consciousness among them.”

According to the World Health Organization, the right to the highest attainable
standard of health requires a set of social criteria that is conducive to the health
of all people, including the availability of health services, safe working
conditions, adequate housing and nutritious foods. Achieving the right to health
is closely related to that of other human rights.

In today's generation, everyone has busy routines and social lives, making it
difficult for individuals to allot time for the preparation of nutritious food. As a
result, people resort to readily available food in an attempt to save time,
unconsciously neglecting its possible health consequences.

One factor that bring about obesity is the unhealthy lifestyle which includes, but
not limited to consumption of food in chain restaurants. Most of the food served


at restaurants contain high amounts of salt, calories, food additives, and
preservatives, which could be detrimental to the health of our people. Lack of
knowledge and understanding of the nutritional value of foods eaten away from
home may mean that Filipinos who eat out often do not realize or consider the
impact on their overall diet and long-term health

Providing the nutritional contents of the food the establishments offer to the
public will not only make the people be aware of the basic nutritional facts, but
will also enable them to make informed decisions when it comes to their food
choices and ultimately, their health. The practice of menu labelling, also,
encourages restaurants to improve the nutritional qualities of the food they opt
to serve to the public. The state, through this Act, will be able to safeguard the
right to health of its inhabitants.

Hence, the immediate passage of this bill is earnestly sought.

>

EDCEL C. LAGMAN
REPRESENTATIVE, 1° DISTRICT

OF ALBAY
EDWAI EREZ MACEDA PANTALEON D. REZ
REPRI NTATIVE, 4 DISTRICT REPRESENTATIY&* 1° DISTRICT
OF MANILA OF DAVAO DELANNORTE

RODOLFO C. FARINAS ANTONIO. TINIO

REPRESENTATIVE, 18 DISTRICT REPRESENTATIVE, PARTY LIST
OF ILOCOS NORTE ~ ACT TEACHERS


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 4338

INTRODUCED BY Hon. John Marvin “Yul Servo” Nieto, Hon. Edward V.P
Maceda, Hon. Rodolfo C. Farifias, Hon. Edcel C. Lagman, Hon. Pantaleon
D. Alvarez, Hon. Antonio L. Tinio, Hon. Tom S. Villarin, Hon. Gary C.
Alejano, Hon. Jose L. Atienza Jr., Hon. Rodante D. Marcoleta and Hon.
Ronaldo B. Zamora

AN ACT
MANDATING THE DISCLOSURE OF THE NUTRITIONAL CONTENTS OF
STANDARD MENU ITEMS IN CHAIN RESTAURANTS AND SIMILAR
RETAIL FOOD ESTABLISHMENT

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

Section 1. Short Title - This act shall be known as the “Menu Labelling
Act of 2016’

Section 2. Declaration of Policy — It is hereby declared as the policy of
the State to protect and promote the right to health of the people and instill
health consciousness among them. To achieve this, it is now mandated the
disclosure of the nutritional contents of standard menu items in chain
restaurants and similar retail food establishments to aid the people to make the
best choices for their well-being; for the people to be aware of the nutritional
content of the food they consume

Section 3. Definition of Terms - Whenever used in this Act, the following
terms shall mean or be understood as follows,


a.) Restaurant or similar retail food establishment- A retail establishment,
wherein the business is confined in selling or serving food that is meant
for immediate human consumption, such as but not limited to
consumption in the premises of such business or restaurant.

b.) Menu- The primary writing of the restaurant or similar retail food
establishment, of the list of goods that they offer to the general public,
including drive-through menu boards, from which a costumer makes an
order selection.

c,) Standard menu item- Food that is meant for immediate human
consumption, which is routinely included on the establishment's menu,
or routinely offered as self-service food or food on display. The term
“food” shall include all kinds of beverages.

d.) Temporary menu item- Food that appears on an establishment's menu
or is routinely offered as self-service food or food on display for a period
not exceeding sixty (60) days, it may be consecutive or per calendar
year. The item that is regularly offered for sale one or more days each
week shall not be considered a temporary menu item

e.) Food that is part of a customary market test- Food that is marketed in an
establishment for a period not exceeding one hundred twenty (120)
days, whether consecutive or not, in order to test consumer's
acceptance of the goods.

f.

Daily special- A menu item that is not routinely listed on a menu or
offered for sale by the establishment, but is promoted as a special menu
item prepared and offered for sale only a particular day.

g.) Custom order- Food that is prepared in a specific manner, based on
one’s own request, which requires the covered establishment to deviate
from its usual preparation of a menu item.

h.) Variable menu item- A standard menu item that comes in different
flavors, varieties, and/or combinations, and is listed as a single menu
item.

i.) Department- The Department of Health

Section 4, - Establishment covered — Every restaurant and similar retail
food establishment nationwide that is part of a chain, with at least five (5)
location or branches anywhere in the Philippines, doing business under the
same or relatively connected in the same name, regardless of the type of
ownership in the various locations, and offering for sale the same or


substantially the same menu items, shall be required to comply with the
requirements set forth in this Act

Section 5. — Menu items that is substantially the same — Menu items are
considered the same or substantially the same where they are prepared using
the same general recipe, and is made in the same way, with substantially the
same food components, even if the names of the menu goods may vary.

Section 6. — Disclosure of Nutritional Information — For each standard
menu items offered for sale, covered establishments shall, in a clear and
conspicuous manner, disclose the corresponding nutrient content, in the
manner provided herein, namely’

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.) Ina written form available within the premises of the establishment and
as well to the customer upon request, with a prominent and clear
statements of such availability on the menu board the amount of the
following nutrients contained in each serving size or other unit of
measure of items:

i. Total fats;

ii. Trans fat;

iii. Saturated fat;

iv. Cholesterol;

v. Sodium;

“A

Total carbohydrates;

vii Dietary fiber;

vil, Sugars; and

ix. Protein


Section 7. Seff-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

Section 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 4 (b) of this Act.

Section 9, Non applicability to certain food - The nutrient content
disclosures required by this Act shall not apply to the following food items:

a. Those that are not listed on the menu, such as condiments and other
items placed on tables or counters for general use;

b. Daily specials;

c. Temporary menu items;

d. Food that is part of a customary market test; and

e. Custom orders

Section 10. Disclosure Compliance Certificate - All restaurant and
similar food establishment 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 from the
Department of Health. The said certificate shall be valid for two (2) years from
the date of issue, unless otherwise provided

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

Section 11. Reasonable basis - Covered establishments shall have
reasonable bases for their nutrient content disclosures, in the form of nutrient
databases, cookbooks that provide nutritional information, laboratory analyses


performed by laboratories duly accredited by the Food and Drug Administration,
and other reasonable means.

Section 12. Penalties — Any person or juridical entity found to be
violating this Act shall be punished by a fine of not less than twenty thousand
pesos (20,000) but not more than one hundred thousand pesos (100,000) at
the discretion of the court, Provided, that for any second or additional offenses,
the maximum fine shall be imposed.

Section 13. Implementing Rules and Regulation - The Secretary of
Health shall, within ninety (90) days from the effectivity of this Act, issue the
necessary rules and regulations for the effective implementation of the
provision of this Act.

Section 14. Repealing Clause ~ Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with, the provisions of this Act are hereby
repealed, modified or amended accordingly

Section 15. Separability clause — If any provision or part of this Act is
declared invalid or unconstitutional by competent authority, the remainder or
provisions not otherwise affected and dependent thereon shall remain valid and
subsisting.

Section 16. Effectivity — This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in at least two (2) national newspaper
of general circulation.

Approved,