Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS:
First Regular Session

62

HOUSE BILL Nt

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

The objective of this bill is to lessen the development of any risk of lifestyle diseases
and instill the importance of healthy eating habits among children. It seeks to establish the
Healthy Food and Beverage Program which shall be implemented in all public elementary
and secondary schools and learning institutions in the country. The bill also proposes to
prohibit the sale, distribution, and promotion of junk food and sugary drinks inside the
premises of these schools.

According to the World Health Organization, developing countries are experiencing
the Double Burden of Malnutrition (DBM). This health issue is defined by the existence of
undernutrition side by side with overweight and obesity in the same population across the
life course.

When compared to 2015 data, the 2018 Expanded National Nutrition Survey
(ENNS) conducted by the Department of Science and Technology-Food and Nutrition
Institute (DOST-FNRI) shows that:

© For school-age children, 5.08 to 10.0 years old, the 2018 results showed that the
prevalence of undernutrition which include underweight (25.0%), stunting (24.5%)
and wasting (7.6%) exhibited a reduced percentage in comparison to the 2015 results
at 31.2%, 31.1% and 8.4%, respectively. On the other hand, similar to other age
groups, overweight/obesity among school-age children consistently increased
through the years as evidenced by the 3.1 percentage points increase from 2015 at
8.6% to 11.7% in 2018.

For children aged 10 years and 1 month to 19 years old (pre-adolescents and adolescents),
from the relatively unchanged results of stunting prevalence from 2013 (31.6%) and 2015
(31.9%), a significant decline was observed in 2018 (26.3%) with 5.6 percentage points
reduction from the 2015 data. Moreover, a slight decline in the prevalence of wasting was
noted in 2018, with 1.2 percentage points decrease from 12.5% in 2015 to 11.3%, The trend
of overweight/obesity prevalence has been consistently increasing and doubled since 2003.

While there may be a decrease, the prevalence of undernutrition in the country for
both age groups is still quite high. As to obesity, the 2018 ENNS shows that our country’s
situation on this health issue is getting more serious.


Our current DBM dilemma may be traced to the lack or complete absence of healthy
food and beverages in our schools. The unabated sale, distribution and promotion of junk
food and sugary drinks has further exacerbated the problem.

Clearly, government must act now if we are to save our children and ensure the
future of our country.

In view of the foregoing and with the health and welfare of our children in mind, the
immediate approval of this measure is eamestly sought.

Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 6 2

Introduced by Representative Jaime R. Fresnedi

AN ACT
TO PROMOTE AND PROTECT THE HEALTH OF SCHOOL CHILDREN IN
PUBLIC ELEMENTARY AND SECONDARY SCHOOLS AND LEARNING
CENTERS

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 "Healthy Food and
Beverage in Public Schools Act."

SEC. 2. Declaration of Policy. - The State shall ensure the promotion and protection
of the health and well-being of its people. The youth as a valuable asset for the future of any
nation must be provided with the necessary environment where they can develop and
hamess their full potential. Towards this end, measures that contribute to the achievement
of this goal must be pursued.

SEC. 3. Healthy Food and Beverage Choices Program. ~ There is hereby
established a Healthy Food and Beverage Program, hereinafter referred to as the Program,
which shall be implemented in all public elementary and secondary schools and learning
institutions. It shall establish the guidelines to promote healthy diet and positive eating
behaviors and provide healthy eating environments to learners, teaching and non-teaching
personnel in these educational institutions. The Program shall have the following objectives:

a. Make available healthier food and beverage choices;

b. Introduce a system of categorizing locally available food and drinks in
accordance with geographical, cultural, and religious orientations;

c. Provide guidance in evaluating and categorizing food and drinks; and

d. Provide guidance in the selling and marketing of food and beverages, including
the purchasing of food for school feeding.

SEC. 4. Prohibition of Junk Food and Sugary Drinks. — The sale, distribution, and
promotion of junk food and sugary drinks inside the premises and within one hundred (100)


meters from the perimeter of public and private elementary and high schools is hereby
prohibited.

SEC. 5. Definition of Terms. — As used in this Act:
a. Healthy diet refers to balance in food intake which:

i. Achieves energy balance and a healthy weight;

ii. Limits energy intake from total fats and shifts fat consumption away from
saturated fats to unsaturated fats and towards the elimination of trans-fatty acids;

iii, Increases consumption of fruits and vegetables, legumes, whole grains and nuts;

iv. Limits the intake of free sugars; and

y. Limits salt consumption from all sources.

'b. Junk Food refers to food that contains any of the following:

i, Saturated fat of more than five (5) grams or more than one (1) teaspoon per
serving;
. Trans fat;
. Sugar or total carbohydrates of more than twenty (20) grams or more than four
(4) teaspoons per serving; or
iv. Sodium of more than two hundred (200) milligram or 1/10 teaspoon salt per
serving.

The Department of Health (DOH) shall, as often as necessary, conduct a review of
the thresholds provided herein and adjust the same if necessary to attain the objectives of
this Act.

¢. Sugary Drink refers to any liquid substance made for drinking that is carbon-based
or with carbon dioxide gas and categorized as soft drinks or sugar-based synthetic
or artificially flavored juices.

SEC. 6. Penalty. — The owner or operator of any canteen, eatery, restaurant, or store
that sells junk foods and sugary drinks inside the premises and within one hundred (100)
meters from the perimeter of any public or private elementary or high school in violation of
this Act shall be punished by a fine of not less than Twenty-five thousand pesos (PhP
25,000.00) but not more than One hundred thousand pesos (PhP 100,000.00), or by
imprisonment of not less than six (6) months but not more than one (1) year, or both, at the
discretion of the court.

Provided, That in case the owner or operator is a partnership, association,
corporation, or any other juridical person, the penalty shall be imposed on the president or
treasurer of the canteen, eatery, restaurant, or store. In addition, the license to operate of the
canteen, eatery, restaurant, or store shall be suspended for six (6) months.

SEC. 7. Implementing Rules and Regulations. — The Secretary of Education and the
Secretary of Health shall jointly issue the rules and regulations necessary for the effective
implementation of this Act within sixty (60) days upon its effectivity.


SEC. 8. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and in effect.

SEC. 9. Repealing Clause. - All laws, decrees, orders and rules, and regulations
contrary to, or inconsistent with, the provisions of this Act are hereby repealed or amended
accordingly.

SEC. 10. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or a newspaper of general circulation.

Approved,