Republic of the Philippines
HOUSE OF REORESENTATIVES.
Quez n City
FIFTEENTH °C" IGRESS.
FirstRow. ssion

House! ! 4458

Introduced by Hun.

Aeron H. Sambar

EXPLANATORY NOTE
‘The Constitution, Article 2, Section 15 provides:
The State shall protect and promote the right to health of the people
and instill health constiousness among them.

Cardiovascular disease is the Jeading cause of mortality in the Philippines. A report
from the Department of Health stated that in 2003, it accounted for 30.2% of deaths among
Filipinos. Increase in body mass index, also known as obesity or being overweight, is an
important cause of chronic disease. The World Health Organization (WITO) expects that the
percentage of Filipino obese men over thirly will increase from 23% of the population in
2005 to 24% in 2015, while the rate for women will incréase from 34% in 2005 to 44% in
2015. The WIJO also noted that 80% of premature heart disease, stroke and type two diabetes

and 40% of cancers can be prevented through a healthy diet

Weight gain occurs when more calories are consumed than are expended. Small
caloric excesses over time have a cumulative effect. Eating out, and eating extra calories
while cating out, contributes disproportionately to the excess calorie intake that fuels the
obesity epidemic. The increase in consumption of away-from-home foods has been facilitated

by the expansion of restaurant chains, which serve food that is easily available, inexpensive,


and high in calories. There are abundant . ta to show that people who eat at f st food
establishments consume more calories and miss out on the more nutrient rich foc 4 groups.
‘Consumers are unaware of the calorie and nutritional content of their choices and this Feads to

an unhealthy cating pattern.

Consumers lack easity accessible information to make informed choices v hen eating
in restaurants. Nutrient content information provided at the time of food selection in food
service establishments would enable consumers to make more informed, healthier choices
and can reasonably be expected to reduce obesity and the many related health problems
which obesity causes. Provision of calorie and nutrient information on me* 1 and menus
boards is an important way to accomplish the mandate of the Constitution, The consuming
public is unable to make an informed choice as to which menu item is more nutritious as
‘opposed to others in a food service establishment. This bill seeks to address .ne problems of
obesity, improper nutrition and the diseases they cause. This will give consumers an informed

choice when placing orders in food service establishments.



N

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS
First Regular Session

House Bill No._4458

Introduced by Hou. Mark Aeron HL. Sambar

AN ACT
REQUIRING THE POSTING OF NUTRITIONAL CONTENT
INFORMATION {N MENU BOARDS OF FOOD SERVICE ESTABLISHMENTS,

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

SECTION t. Short Title. This Act shalt be known as the “Nutritional Content in

Menu Boards Act of 2011.”

SECTION 2. Definition of terms. — As used in this Act, the term—

(A) “Covered food service establishment” is a food service establishment that is one
of a group of 15 or more food service establishments doing business nationally,
offering for sale substantially the same menu items, in servings that are standardized
for portion size and content, that operate under common ownership or control, or 2s

franchised outlets of a parent business, or do business under the same name;

(B) “Menu” shall mean a printed list or pictorial display of a food item or items, and
their price(s), that are available for sale from a covered food service establistiment and

shall include menus distributed or provided outside of the establishment,

(C) “Menu board” shalt mean any list or pictorial display of a food item or items and

their price(s) posted in and visible within a covered food service establishment or


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outside of a covered food service establishment for the purpose of ordering from 2

drive-through window,

(D) “Menu item” shall mean any individual food item, or combination of food items,
listed or displayed on a menu board or menu that is sold by a covered food service

establishment;
(E) “Department” refers to the Department of Health,

(F) “Secretary” refers to the Secretary of the Department.

SECTION 3, Scope. and applicabitity. — This Act shall apply to menu items that are |

served in portions ihe size and content of which are standardized at a covered food service
establishment, This section shall not apply to menu iterns that are listed on a menu or mem

board for less than 30 days in a calendar year.

SECTION 4. Compliance Certificate Requirement.

(A) A comptiance certificate issued by the Department shall be requived prior to the
operation of any food service establishment. The owner of the establishment shall ile
an application for a compliance certificate with the Department on a form prescribed

by the Department;

(B) All certificates issued by the Department under this Act shatl expire after three (3)
years from date of issue and may be tenewed by submission to the Department at least

30 days before the expiration date a compliance certificate renewal application;

(C) The Department may refuse to renew the certificate of any owner or operator who

has been found to be in violation of this Act;


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(D) Each food service establishment shall be inspected at least once every three years

after the imitial year in which the establishment was granted a certifteate;

{E) Existing food service establishments have two years from the date of effectivity of
this Act fo secure a compliance certificate, subject to reasonable rules to be prescribed

by the Secretary.

SECTION 5. Requirements for food establishments, — Before an operator may be

granted a compliance certificate, he must observe the following requirements—

{A) All menu boards and menus in any covered food service establishment shall
contain the nutrient content in each serving size or other unit of measurement of the
food including the total fat, saturated fat, cholesterol, sodium, sugars, dietary fiber,
total protein, and any vitamin, mineral or other nutrient required to be placed on the
menu if it is determined that such information will help the consumer in maintaining

healthy dietary practices;

(B) Ail menu boards and menus in any covered food service establishment shall bear
the total number of calories derived from any source for cach menu item they list.
Such information shall be listed clearly and conspicuously, adjacent or in close
proximity such as to be clearly associated with the menu item, using a font and format
that is at least as prominent, in size and appearance, as that used to post either the

name or price of the menu item;

(C) Calorie content values (in kilo calories) and nutrient values required by this
section shalt be based upon a verifiable analysis of the menu item, which may include
the use of nutrient databases, laboratory testing, or other reliable methods of analysis,

and shall be rounded to the nearest ten (10) calories for calorie content values above


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50 calories and to the nearest five (5) calories for calorie content values 50 calories

and below,

{D) When a food item is displayed for sate with a food item tag, such food item tag
shalt include the calorie content value and nutrient information for that food item in a
font size and format at Teast as prominent as the font size of the name of the food
item,

(E) Calorie content values and nutrient content at drive-through windows shall be
displayed on either the drive through menu board, or on an adjacent stanchion visible
at or prior to the point of ordering, so Tong as the calorie and nutrient content values
are as clearly and conspicuously posted on the stanchion adjacent to their respective

menu item names, as the price or menu item is on the drive through menu board;

(F) For menu items offered in different flavors and varieties, including, but not
limited to, beverages, ice ercam, pizza, and doughnuts, the range of caloric content
values showing the minimum to maximum numbers of calories for all flavors and
varteties of that item shall be listed on menu boards and menus for each size offered
for sale, provided however that the range need not be displayed if calorie content
information is included on the food item tag identifying each flavor or variety of the

food item displayed for sale,

(G) For combinations of different food items listed or pictured as a single menu item,
the range of calorie content values showing the minimum to maximum numbers of
calories for all combinations of that menu item shall be listed on menu hoards and
menus. If there is only ane possible calorie total for the combination, then that total

shall be listed on the menu boards and menus.
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SECTION 6. Penalties. — The Department is empowered to establish and assess
penalties or fines against a permit holder for violations of this Act or reguin' ons adopted
under this Act, In no circumstance will any penalty or fine exceed P10,000.C0 per day for

each day the permit holder remains in violation of any provision of this Act,

SECTION 7. Separability Clause. —\f any provision, or part hereof is he'l invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected ....all remain

valid and subsisting.

SECTION 8. Repeating Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary 10 pr inconsistent

with, the provisions of this Act is hereby repealed, modified, or amended accosdin Hy.

SECTION 9. Eifectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation,

‘Approved,