FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Choking is the fourth leading cause of accidental death in children under five (5) years of 
age in the United States. At least one child dies from choking on food every five (5) days in the 
USA and more than 10,000 children are taken to hospital emergency room each year for food 
choking incidents. A choking warning label must placed on food to alert parents of this danger. 
Parents need to be aware of food choking danger. Manufacturers should take the first step 
and place warning labels on their food. This bill seeks for the placement of mandatory warning 
labels on statistically dangerous foods to protect our children from choking hazard.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
4 
l]CT -2 p5 : I 1  
First Regular Session 
) 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROTECT CHILDREN FROM FOODS THAT POSE 
A SIGNIFICANT CHOKING HAZARD 
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 “Food Choking Prevention 
Act of 2007.” 
SECTION 2. DeJinition of Terms. -As used in this Act, the following terms shall mean: 
(A) “Choking” means the condition caused by blocking the airways to the lungs, as with 
food or swelling of the larynx. 
(B) “Label” means the display of written, printed or graphic matter on any consumers 
product, its immediate container, tag, literature or other suitable material affixed thereto for the 
purpose of giving information as to identity, components, ingredients, attributes, directions for 
use, specification and such other information as may be required by law or regulations. 
(C) “BFAD” means the Bureau of Food and Drugs. 
(D) “OCHE” means the Office of Choking Hazard Evaluation. 
(E) “Task Force” means the Choking Hazard Evaluation Task Force. 
SECTION 3. Office of Choking Hazard Evaluation (OCHE). - 
(A) In General. - There shall be an OCHE established within the BFAD which will 
promulgate and implement the provision of this Act. The BFAD is encouraged to enter into inter- 
agency agreements with pertinent agencies in establishing and operating the OCHE. 


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(B) Informational Labels. - The OCHE shall have the authority to require informational 
labels on food consumed by children that pose a demonstrably high choking risk to children. 
(C) Recall Authority. - The OCHE shall have mandatory recall authority of food that the 
OCHE determines pose a significant and unacceptable choking hazard to the general public. 
(D) Education. - The OCHE shall produce educational materials on food choking 
hazards, precautions, and life saving procedures that shall be provided to pediatricians and 
hospital to distribute to patients aged 14 years old and younger. The OCHE shall designate one 
week a year as "National Child Food Choking Prevention Week" and shall widely publicize 
choking hazards and life-saving procedures during the time period. Child safety, as well as infant 
and CPR classes, shall be made widely available throughout the designated week. 
SECTION 4. Inter-Agency Task Force. - 
(A) Choking Hazard Evaluation Task Force. - The BFAD shall establish the Task Force 
within the OCHE. The officers and staff of the Task Force shall be designated by the BFAD. 
(B) Functions. - 
(1) In General. - The Task Force shall be responsible for establishing criteria for 
determining whether a food poses a significant and unacceptable choking hazard. 
(2) Age-SpeciJic Criteria. -In carrying out paragraph (B)(l), the Task Force shall 
establish age-different criteria for choking hazards. 
(C) Public Comment. - There shall be a 90-day public comment period after the criteria 
under paragraph (a) which to be announced by the Task Force. 
SECTION 5. Database of Complaints. - The BFAD, in consultation with other pertinent 
agencies, shall ensure that there is in operation a national database of food choking incidents. 
The BFAD shall provide for an adequate reporting system throughout its field offices, 
which members of the health care profession and general public can readily access to report new 
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incidents. 
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SECTION 6. Reports to Congress. - The BFAD shall regularly submit reports to the 
appropriate Committees of the Senate and the House of Representatives regarding the 
implementation of this Act. 
SECTION 7. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provision of this Act is hereby repealed, modified, or amended accordingly. 
Section 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication or in at least two (2) newspapers of general circulation. 
Approved, 
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