FIFTEENTH CONGRESS OF THE 
REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
:3 3 6 7 
(In substitution of Senate Bill Nos. 1308 and 1547. taking into consideration 
P.S. Resolution No. 191 and House Bill No. 6529) 
Prepared jointly by the Committees on Trade and Commerce, and Health and 
Demography with Senators Villar and Defensor-Santiago as authors thereof 
AN ACT PROVIDING FOR TOY AND GAME SAFETY LABELING, 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of/he Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Toy and Game Safety 
2 
Labeling Act of2012". 
3 
4 
SEC. 2. Declaration.of Policy. - The State recognizes that children, by reason of 
5 
their physical and mental immaturity, need special safeguard and care. The State 
6 
acknowledges its obligation to secure the right of children to proper care and special 
7 
protection from all forms of neglect and other conditions prejudicial (0 their 
8 
development. Towards this end, the State shall ensure the protection of children against 
9 
potential hazards to their health and safety by requiring special labeling of toys and 
10 
games. To guarantee the rights of children to protection and safety, the State shall provide 
II 
a means of redress for violation of said rights. 
12 
13 
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall 
14 
be defIned as follows: 
15 
(a) Hazardous substance refers to any substance or mixture of substances which is 
16 
toxic, corrosive, irritant, a strong sensitizer, flammable or combustible, or generates 
17 
pressure through decomposition, heat or other means, if such substance or mixture of 
18 
substances causes any substmltial injury or illness during or as a proximate result of any 
19 
customa1Y or reasonably foreseeable ingestion by children. 
1 


(b) Label, labeling refers to the display of written, printed or graphic matter on 
2 
any consumer product, its immediate container, tag, literature or other suitable material 
3 
affixed thereto for the purpose of giving information as to identify components, 
4 
ingredients, attributes, directions for use, specifications and such other information as 
5 
may be required by law or regulations. 
6 
(c) Package or packaging refers to any container or wrapping 111 which any 
7 
consumer product is enclosed for use in the delivery or display of that conSllmer product 
8 
to retail purchasers. 
9 
(d) Principal display panel refers to the part of the label that is most likely to be 
10 
displayed, presented, shown or examined under normal and customary conditions of 
II 
display for retail or sale. 
12 
13 
SEC. 4. Labeling Requirements/or Toys and Games. - All toys and games locally 
14 
or internationally manufactured that are imported, donated, distributed and sold in the 
15 
Philippines shall comply with the appropriate provisions on safety labeling and 
16 
manufacturer's markings found in the Philippine National Standards (PNS) for the safety 
17 
of toys. 
18 
Provided, That the Department of Trade and Industry shall cause the effective 
19 
dissemination of PNS in both traditional form of mass media and the internet to guide 
20 
manufacturers, retailers, distributors and various sellers. 
21 
22 
SEC. 5. General Labeling Requirements. - Except as provided in Sections 6 and 7 
23 
hereof: any cautionary statement shall be displayed in its entirety on the principal display 
24 
panel of the product's package and on any descriptive material which accompanies the 
25 
product. In the case of bulk sales of such product when unpacked, the cautionary 
26 
statement shall be displayed on the bin or container used for the retail display of the 
27 
product, and any vending machine from which the unpacked product is dispensed and 
28 
displayed, in English or Filipino or both written in common language, in conspicuous and 
29 
legible type in contrast by typography, lay-out, or color with other printed matter on such 
30 
package, descriptive materials, bin, container and vending machine, and in the manner 
31 
consistent with the provisions of Republic Act No. 7394, otherwise known as the 
32 
"Consumer Act ofthe Philippines". 
33 
34 
SEC. 6. Exception. - Products manufactured and packaged outside the country and 
3S 
directly shipped from the manufacturer to the conswner by mail or other delivery service 
36 
which do not bear the required statement provided under Section S hereof shall be 
37 
admitted if other accompanying material shipped with the product bears such statement. 
2 


SEC. 7. Special Rules/or Certain Packages. - A cautionary statement required by 
2 
Section 4 hereof or in lieu of display on the principal display panel of the product's 
3 
package, shall be displayed on another panel of thc package if the package has a principal 
4 
display panel of fifteen (15) square inches or less, and the required statement is displayed 
5 
in English or Filipino or both written in common langnage, and the statement is displayed 
6 
on the principal display panel and is accompanied by an arrow or other indicator pointing 
7 
toward the place all the package where the statement required in Section 5 hereof 
8 
appears. 
9 
10 
SEC. 8. Trealment on Misbranded or Banned Hazardous Substance. - A balloon, 
II 
ball, marble, or toy or game which packaging is not in compliance with the requirements 
12 
of this Act shall be considered a misbranded or banned hazardous substance It shall be 
13 
withdrawn from the market at the expense of the manufacturer or impOlier and shall not 
14 
be allowed to be distributed, sold or offered for sale in the Philippines unless and until the 
15 
requirements of this Act are complied without prejudice to any liability and penalty that 
16 
may be incurred under Section 10 hereof. 
17 
18 
SEC. 9. Report to the Department 0/ Health (DOH). - A manufacturer, distributor, 
19 
retailer and importer of a marble, small ball or latex balloon, or a toy or game that 
20 
contains a marble, small ball or latex balloon, or other small parts, shall report to the 
21 
DOH any information obtained by such manufacturer, distributor, retailer or impOlier 
22 
which reasonably supports the conclusion that an incident occurred in which a child 
23 
regardless of age choked with such marble, small ball, or latex balloon, or on a marble, 
24 
small ball, latex balloon, or other small parts contained in such toy or game, and that as a 
25 
result of that incident the child died, suffered serious injury, ceased breathing for any 
26 
length of lime, or was treated by a medical professional. 
27 
28 
SEC. 10. Penalties. - Any person who shall violate any provision of this Act shall 
29 
be subject to a fine of not less than Ten thousand pesos (P 10,000.00) but not more than 
30 
Fifty thousand pesos (P50,000.OO) or imprisonment of not less than three (3) months but 
31 
not more than two (2) years, or both, at the discretion of the court. 
32 
33 
SEC 11. Disposal of Seized Materials. - Any toys and games found to be in 
34 
violation of the provisions of this Act shall be confiscated and forfeited in favor of the 
35 
government and shall be disposed in accordance with pertinent laws and regulations: 
36 
37 
Provided, That a sufficient representative sample shall be retained for evidentiary 
38 
purposes. The retained representative sample shall remain in custodia legis until the final 
. /~--- 3-- _._~ 
--'~''-
\ 


resolution of proceedings thereon. Equipment and materials imported in violation of this 
2 
Act shall be subject to seizure and immediate disposal by the Bureau of Customs. 
3 
If the offense is committed by a corporation, trust, firm, partnership or association 
4 
or other entity, the penalty shall be imposed upon the guilty officer or onicers of such 
5 
corporation, trust, firm, partnership or association or entity. 
6 
7 
SEC. 12. Rules and Regulations. - The DTI, in consultation with the DOH, shall 
8 
promulgate the rules and regulations for the Implementation of this Act. The DTI shall 
9 
regularly publish every six (6) months, the list of all manufacturers, importers, 
10 
distributors and retailers who failed to comply with the requirements of this Act. 
11 
Likewise, the DOH shall publish every six (6) months, the list of all misbranded or 
12 
banned hazardous substances the sale, offer for sale and distribution of which shall not be 
13 
allowed under this Act. 
14 
15 
SEC. 13. Funding - The DTI and the DOH shall include in their respective annual 
16 
budget the amount necessary for the effective implementation of this Act. 
17 
18 
SEC. 14. Grace Period. .- Manufacturers, retailers, distributors and importers are 
19 
given one (I) year grace period to comply with these requirements from the effectivity of 
20 
this Act. 
21 
22 
SEC. 15. Separability Clause. - If any provision or pmt hereof is held invalid or 
23 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
24 
remain valid and subsisting. 
25 
26 
SEC. 16. Repealing Clause. - Any law, presidential decree or issuance, executive 
27 
order, letter of instruction, administrative order, rule or regulation contrary to or 
28 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
29 
accordingly. 
30 
31 
SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (IS) days after its 
32 
publication in at least two (2) newspapers of general circulation. 
33 
34 
Approved. 
4