SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Ji
House Bill No38 10

EXPLANATORY NOTE

Eating is an acknowledged Filipino passion. The entire archipelago boasts of
regional delicacies showcasing the locale’s richness and diversity in terms of food
preparation, variety and taste.

Thus, there is a need to ensure that the food that is prepared on everybody's table is
fit for human consumption. This brings us to the current dispute and controversy regarding
genetically-modified organisms (GMOs) commonly associated with cor and other staple
food. GMOs are genetically engineered organisms that contain genes borrowed from other
organisms and introduced into the food supply. These GMOs are primarily used to aid in the
resistance of crops against pests and other predatory insects thus, ensuring a rich harvest.
This however entails the field introduction or release of GMOs in order to test their resilience
and resistance in combating natural predators and insects that threaten expected bountiful
harvest. Such release into the environment, however, might pose several threats or danger
to the ecology. There is therefore a need to investigate or evaluate its effects on the ecology.

This measure seeks to mandate the labeling of food, food products and their
derivatives (processed or not) and agricultural products like rice, con and vegetables,
among others, containing genetically modified organisms (GMOs) or those produced by
genetic engineering technologies

Immediate passage of this bill is thus eamestly recommended.

MAXIMO ‘ODRIGUEZ, JR.


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No, 3810

AN ACT

REQUIRING THE MANDATORY LABELING OF FOOD, FOOD PRODUCTS AND THEIR
DERIVATIVES (PROCESSED OR NOT) AND AGRICULTURAL PRODUCTS LIKE RICE,
CORN AND VEGETABLES, AMONG OTHERS, CONTAINING GENETICALLY MODIFIED
ORGANISMS (GMOs) OR THOSE PRODUCED BY GENETIC ENGINEERING
TECHNOLOGIES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 3720
OTHERWISE KNOWN AS “THE FOOD, DRUGS AND COSMETICS ACT” AND
REPUBLIC ACT NO. 7394 OTHERWISE KNOWN AS “THE CONSUMERS ACT OF THE
PHILIPPINES” AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy ~ It is hereby declared that the State protect and promote
the right to health of the people and to instill health consciousness among them, It shall also
protect and advance the right of the people to a balanced and healthful ecology in
accordance with the rhythm and harmony of nature, as it is the duty of the State to inform
and war the people of the well-documented health and environmental risks of GMOs.

Further, the State shall protect the people's right to information as enshrined in the
Constitution, Consumers have a right to know whether the food, food products and their
derivatives (processed or not) and agricultural products like rice, com and vegetables,
among others, that they purchase contain genetically modified organisms or are produced
by genetically engineered technologies.

To this end, the State shall endeavor to provide Filipinos with safe and healthy food
and agricultural products that will not put their health at risk and place the environment in
jeopardy as a result of developments in food manufacturing that utilizes the process and
products of genetic engineering technologies,

SECTION 2. Mandatory Labeling of Food, Food Products and their Derivatives (processed
or not) and Agricultural Products like rice, corn and vegetables, among others, containing
GMOs. ~ It is hereby declared that food, food products and their derivatives (processed or
not) and agricultural products like rice, com and vegetables, among others, containing
genetically modified organisms as well as those produced by genetic engineering
technologies shall be labeled in accordance with the provisions of this Act and the existing
regulations issued by the Department of Health through the Food and Drug Authority, The
Department of Health will be the implementing agency of this Act

SECTION 3. Threshold levels - The tolerance level is 0.9 percent. Above the threshold level,
a food is regarded as genetically modified. Hence, must be properly labelled, The threshold
of 0.9 percent stil allows for some unintended contamination of food with GM ingredients

SECTION 4. Minimum Labeling. - Article 77 of Republic Act No. 7394, otherwise as the
consumers Act of the Philippines, is hereby amended to read as follows:


“ART. 77. Minimum Labeling Requirements for Consumer products, — All consumer products
domestically sold whether manufactured locally or imported shall indicate the following in
their respective labels of packaging
a) its correct and registered trade name or brand name;
b) its duly registered trademark:
¢) its duly registered business name;
d) the address of the manufacturer, importer, re-packer of the consumer product in the
Philippines;
Its general make or active ingredients, INDICATING PRATICULARLY WHETHER IT
CONTAINS GENETICALLY-MODIFIED ORGANISMS OR IS A PRODUCT OF
GENETIC ENGINEERING TECHNOLOGIES;
The net quantity of contents, in terms of weight, measure or numerical count rounded
to at least the nearest tenths in the metric systems;
g) Country of manufacture, if imported;
h) If a consumer product is manufactured, refilled or repacked under license from a
principal, the label shall so state the fact; and
i) IN THE CASE OF AGRICULTURAL PRODUCTS AS RICE, CORN AND
VEGETABLES, AMONG OTHERS, WHETHER LOCALLY PRODUCED OR
IMPORTED, THE LABEL SHOULD BE AFFIXED CONSPICUOUSLY IN ALL
PACKAGING MATERIALS AND BULK CONTAINMENTS TO BE ACCOMPANIED
BY A SWORN DECLARATION OF THE PRODUCER AS PROVIDED FOR BY THE
PROVISO LETTER E”.

e

f

The following may be required by the department in accordance with the rules and

regulations they will promulgate under authority of this Act
a) whether it is flammable or inflammable;

b) directions for use, if necessary;

) warning of toxicity, AND ALLERGICITY CAUSED BY GMOs AND GENETIC
ENGINEERING TECHNOLOGIES;

d) wattage, voltage or amperes; or

€) process of manufacture used, ESPECIALLY IF IT INVOLVES GENETIC
ENGINEERING TECHNOLOGIES.

“Any word, statement or other information required by or under authority of the preceding
paragraph shall appear on the label or labeling with ‘such conspicuousness as compared
with other words statements, designs or devices therein, and in such terms as to render it
likely to be read and understood by the ordinary individual under customary conditions of
purchase and use.”

“The above requirements shall form an integral part of the label without danger of being
erased or detached under ordinary handling of the products.”

SECTION 5. Additional Labeling Requirements, — Article 84 of Republic Act No, 7394,
otherwise known as the Consumers Act of the Philippines, is hereby amended to read as
follows:

“ART. 84, Additional Labeling requirements for Food AND FOOD PRODUCTS ~ The
following additional labeling requirements shall be imposed by the concerned department for
food AND FOOD PRODUCTS:

a) expiry or expiration date, where applicable;

b) whether the consumer product is NATURAL OR UNPROCESSED, WITH
GENETICALLY-MODIFIED ORGANISMS OR PROCESSED USING GENETIC
ENGINEERING TECHNOLOGIES, semi-processed, fully processed, ready-to-cook,
ready-to-eat, prepared food or just plain mixture:

¢) nutritive value, if any;


d) whether the ingredients used are natural, [or] synthetic, CONTAINING
GENETICALLY-MODIFIED ORGANISMS OR PROCESSED FROM GENETIC
ENGINEERING TECHNOLOGIES, as the concemed department may deem
necessary and reasonable.”

SECTION 6, Misbranded Food - Section 15 of Republic Act No. 3720, otherwise known as
The Food, Drug and Cosmetic Act of the Philippines, is hereby amended to read as follows:

"SEC. 15. Misbranded Food, - A food shall be deemed misbranded:

a) if its labeling is false or misleading in any particular.

b) itis offered for sale under the name of another food:

) if itis an imitation of another food, unless its label bears in types of uniform size and
prominence, the word ‘imitation’ and, immediately thereafter, the name of the food
imitated

d) IF IT PURPORTS OR CLAIMS TO BE A NATURALLY-GROWN/FRESH FOOD OR

FOOD PRODUCTS WHEN IT IS IN FACT CONTAINING GENETICALLY-MODIFIED

ORGANISMS OR IS A PRODUCT OF GENETIC ENGINEERING TECHNOLOGIES:

E) [dl]if its container is so made, formed or filled as to be misleading:

F) [e)}if in package from unless it bears a label containing (1) the name and place of

business of the manufacturer, packer, distributor; and (2) an accurate statement of the

quantity of the contents in terms of weight, measure, numerical count: Provided, That
under clause (2) of this paragraph reasonable variations shall be permitted, and
exemptions as to small packages

G) [f)] if any word, statement, or other information required by or under authority of this

Act to appear on the label or labeling is not prominently placed thereon with such

conspicuousness (as compared with other words, statements, designs, or devices in the

labeling), and in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions or purchase and use:

H)Ig)] I it purports to be or is represented as a food for which a definition and standard

of identity has been prescribed unless (1) it conforms to such definitions and standard,

and (2) its label bears the name of the food specific in the definition and standard, in so
far as may be required by such regulations, the common names of optional ingredients

(other than spices, flavoring, and coloring) present in such food;

I)[h)] If it purports to be or is represented as —

1. a food for which a standard of quality has been prescribed by regulations
as provided by Section thirteen (SEC 13) and it falls below standard of fill of
container applicable thereto, unless the label bears, in such manner and form
as such regulations specify, a statement, that it falls below such standard: or

2. a food for which a standard of fill of container have been prescribed by
regulations as provided by Section thirteen (SEC 13) and it falls below
standard of fill of container applicable thereto, unless the label bears, in such
manner and form as such regulations specify, statement that it falls below
such standard
J)[I)] If is not subject to the provisions of paragraph (g) if this section unless its label
bears (1) the common or usual name of the food, if there be any, and (2) in case itis
fabricated from two or more ingredients, the common or usual name if the food, if
there be any, and (2) in case it is fabricated from two or more ingredients, the
common or usual name of the ingredients; except that spices, flavorings and
colorings, other than those sold as such, may be designated as spices, flavoring and
colorings without naming each; Provided, That to the extend that compliance with the
requirements of clause (2) of this paragraph is impracticable or deception or unfair
competition, exemptions shall be established by regulations promulgated by the
Secretary;
K)[)] If it is not subject to the provisions of paragraph (g) of this section unless its


label bears the common or usual name of the food, if there be any, and (2) in case it
is fabricated from two or more ingredients, the common or usual name of each such
ingredient; except that spices, flavorings and colorings, other than those sold as
such, may be designated as spices flavorings or colorings without naming each:
Provided, That to the extent that compliance with the requirements of clause (2) of
this paragraph is impracticable or deception or unfair competition, exemptions shall
be — established by regulation promulgated by the Secretary:
LIK] If its bears or contains any artificial flavoring, artificial coloring, or chemical
preservatives, unless it bears labeling stating that fact: Provided, That to the extent
that compliance with the requirements of this paragraph or paragraphs (g) and (I)
with respect to artificial coloring shall not apply in the case of butter, cheese or ice
cream

M) IF IT BEARS OR CONTAINS ANY GENETICALLY-MODIFIED ORGANISM (S)
OR IS PRODUCED FROM GENETIC ENGINEERING TECHNOLOGIES, UNLESS
IT BEARS LABELING STATING THAT FACT.”

SECTION 7. Inapplicability of Regulation-Making Exemptions. - Due to the urgent and
extreme public necessity and the need to keep the public adequately protected and to
preserve the right of the consumers to choose, the power of the Secretary to make
exemptions to the regulations as specified in the Consumer Act of the Philippines and the
Food, Drugs and Cosmetic Act is hereby rendered inapplicable unless it can be shown that
public order, public health and public safety is not placed in jeopardy with its actual
application and implementation.

SECTION 8. Penalties. Any person who knowingly distribute Plants, Food, Food Products
and their derivatives (processed or not), and agricultural products as rice, com and
vegetables, among others, containing or derived from GMOs without the proper label shall
be subject to a fine per improper label of not less than five hundred thousand pesos
(P500,000.00) and imprisonment ranging from six years and one day to twelve years.

SECTION 9. Implementing Rules and Regulations, - The Secretary, in consultation with the
concerned business and industry representatives, government agencies, civil society
organizations and peoples organizations, shall promulgate the necessary regulations for the
effective implementation of this Act.

SECTION 10. Repealing Clause. — All laws, decrees, orders, rules and regulations, policies,
programs or parts thereof, that are inconsistent with any of the provisions of this Act, are
hereby repealed, amended or modified accordingly.

SECTION 11. Separability Clause. - If for any reason, any section or provisions of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof, which are
not affected hereby, shall continue in full force and effect

SECTION 12. Effectivity. — This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) newspaper of general circulation

Approved