NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
senate
S.B. No. 11b
^senate
of tliC ^irrtinrirjJ
*22 JUL-7 P2 45
RECEIVED BV;
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT TO PROTECT FILIPINOS FROM THE HARMFUL 
EFFECTS OF TRANS-FATTY ACIDS, AND FOR OTHER 
PURPOSES
EXPLANATORY NOTE
Section 15, Article II of the 1987 Philippine Constitution provides that 
the State shall protect and promote the right to health of the people and instill 
health consciousness among them.
According to the World Health Organization (WHO), noncommunicable 
diseases (NCDs) kill 41 million people each year, equivalent to 71% of all deaths 
globally. NCDs are diseases of long duration and generally slow progression. 
The four major types of NCDs are cardiovascular diseases (CVDs), cancer, 
chronic respiratory diseases and diabetes.
In the Philippines, NCDs account for 68% of all deaths. One in every 
three Filipinos is likely to die before the age of 70 from one of the four major 
NCDs. CVDs, particularly coronary heart disease (CHD), account for nearly half 
of the world's NCD related deaths and claim around 70,000 lives in the 
Philippines every year.
High intake of trans-fatty acids (TFA) increases the risk of death from 
any cause by 34% and CHD mortality and morbidity by as much as 23% and 
28%, respectively. Every year more than half a million deaths are attributed to 
TFA globally. Dubbed as the "tobacco of nutrition," TFA has no health benefits 
and is completely replaceable with no difference in taste or cost of food. Thus, 
the WHO published the REPLACE Technical Action Package as a road map 
towards a trans fat free world by 2023.
Partially hydrogenated oils (PHOs), the major source of TFA, have been 
banned in many countries including Denmark, Argentina, Thailand and 
Singapore in order to reduce TFA consumption. Countries that regulated TFA


have seen a significant decline in CHD deaths. Denmark's regulation limiting 
TFA content to 2g per lOOg of fat in food products resulted in a 75% reduction 
in CHD-related deaths. In Argentina, an estimated 301 to 1,517 cardiac deaths 
every year were averted by eliminating industrially-produced TFA, saving the 
government as much as USD 87 million in healthcare costs annually.
The Importance of addressing the problem of CHDs and CVDs as a whole 
has never been more pronounced than during this COVID-19 pandemic where 
patients with comorbidities, such as CHD, have a higher risk of serious illness 
or death. As of June 8, 2020, 49% of COVID-19 deaths in the Philippines had 
comorbidities. Now more than ever, the need for preventative health care and
healthy lifestyle promotion must be realized in line with the vision of universal 
health care.
In addition, the WHO believes that TFA elimination is considered as one 
of the simplest and most straightforward public health interventions to reduce 
the risk of CVDs and improve nutritional quality of diets. As more countries 
regulate TFA, countries without regulations become vulnerable to dumping of 
TFA-rich imported food. Thus, it becomes even more urgent to join the global 
movement to become TFA-free by 2023.
This bill seeks to protect all Filipinos from the harmful effects of trans­
fatty acids and promote a healthy lifestyle for all.
In view of the foregoing, the passage of this bill is earnestly sought.
MARIA LOURDES NANCY S. BINAY


NINETEENTH CONGRESS OF TH E ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE 
S.B. No. 116
ssenai?
of th? "5'ra\nrir;>
*22 JUL-7 P2.-45
RECEIVED BV;
Introduced by Senator Maria Lourdes Nancy S. Binay
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AN ACT TO PROTECT FILIPINOS FROM THE HARMFUL 
EFFECTS OF TRANS-FATTY ACIDS, AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and House of Representatives of the Phiiippines 
in Congress assembied:
Article I. General Provisions
SECTION 1. Short Tide. - This Act shall be known as the "Trans Fat Free 
Philippines Act."
SEC. 2. Deciaration ofPoiicy. - It is the policy of the State to protect and 
promote the right to health of the people and instill health consciousness 
among them. The State recognizes the right of people to safe and nutritious 
food, free from substances like trans-fatty acids (TFA) that increase their risk 
of contracting deadly diseases.
The State shall prioritize health promotion and preventive care as it 
progresses towards universal health care. In this regard, the State shall protect 
Filipinos from the threat of death and diseases linked to TFA consumption by 
progressively removing industrially-produced TFA from the food supply.
SEC. 3. Definitions of Terms. - For the purposes of this Act, the following 
terms shall be defined as follows:
(a) 'Certificate of Product Registration "(CPP) a n authorization issued 
by the Food and Drug Authority (FDA) for specific health products 
including food, after evaluation and approval of submitted 
registration requirements.
(b) "Distributor"meBns any person to whom a consumer product is 
delivered or sold for purposes of distribution in commerce, but 
excluding the manufacturer or retailer of such product.


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Distributors may be importers, exporters, traders and 
wholesalers.
(c) "Food"diny substance or product, whether processed, partially 
processed or unprocessed that is intended for human 
consumption. It includes drinks, chewing gum, water and other 
substances that were used as an ingredient or a component in 
the manufacture, preparation or treatment of food, such as oils 
and fats, whether sold alone or Incorporated in processed food 
and/or prepackaged food.
(d) "Food Service Establishment" means any establishment that 
prepares, serves, markets, sells, or offers for sale, food or drink 
to be consumed within the establishment or taken-out.
(e) "Healthy Alternative Oiis/ Fats/ and Oilseeds" oils, fats, and 
oilseeds rich in polyunsaturated fatty-acids or monounsaturated 
fatty-acids anc with low levels of saturated fatty-acids.
(f) 
"Importer" the consignee or the Philippine agent or 
representative of a foreign owner or consignee of raw materials, 
ingredients and/or finished products at the time of entry of such 
article into the Philippines.
(g) "Industrially-Produced 7734''trans-fatty acids created as a by­
product when fats and oils are modified by the use of industrial 
processing techniques.
(h) "License to Operate" (LTO) a license granted by the FDA to 
establishments involved in the manufacturing, packaging, re­
packaging, importation, exportation, distribution, and retailing of 
processed foods, drugs, medical devices, in vitro diagnostic 
reagents, cosmetics, and household hazardous substance 
products.
(i) 
"Manufacturer" means any person who manufactures, 
assembles or orocesses food products, including any person who 
attaches one's own brand name to a consumer product 
manufactured, assembled, or processed for them. In the case of 
imported products, the manufacturer's representatives or, in 
their absence,, the importer shall be deemed the manufacturer.
(j) 
"Micro, small and medium enterprise" (MSME) any business 
activity or en:erprise engaged In industry, agribusiness and/or 
services, whether single proprietorship, cooperative, partnership 
or corporation whose total assets, inclusive of those arising from 
loans but exclusive of the land on which the particular business 
entity's office, plant and equipment are situated, and must have


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value falling under the following categories: (i) Micro: not more 
than P3/000,000; (ii) Small: P3,000,001 - 15,000,000; and (iii) 
Medium: P15,000,001 - P100,000,000. The above definitions 
shall be subject to review and adjustments by the Micro, Small 
and Medium Enterprises Development (MSMED) Council under 
Section 6 of PxA 9501 or the Magna Carta for Micro, Small and 
Medium Enterprises, or upon recommendation of sectoral 
organizations concerned, taking into account inflation and other 
economic indicators.
(k) ''Partially Hydrogenated OH" (PHO) fat or oil that has been 
hydrogenated, but not to complete or near complete saturation, 
and with an iodine value greater than 4, as determined by a 
method that is suitable for this analysis.
(l) 
"Prepackaged Food" ^rocessedi food prepared in advance and 
placed in a container, labelled and ready for sale or distribution, 
or for catering purposes.
(m) "ProcessedFcod"Bny food that has been subjected to any action 
that substantially alters the initial raw materials or product or 
ingredients.
(n) "Retailer"my establishment that sells or offers to sell any food 
product directly to the general public.
(o) "Trans-fatty acids"all fatty acids with a double bond in the 
trans configuration, regardless of whether they are produced 
industrially or come from ruminant sources.
SEC. 4. Scope and Application. - This Act shall apply to all food business 
operators as defined under Republic Act No. 10611 or the Food Safety Act.
Article II. Roles and Responsibilities
SEC. 5. Lead Agency. - The Department of Health (DOH) shall be 
responsible for ensuring that the provisions of this Act are implemented. As 
lead agency, the DOH shall perform the following functions:
(a) Convene and lead the inter-agency TFA Task Force composed of 
the following agencies for the Implementation of this Act:
i. 
National Nutrition Council (NNC);
ii. 
FDA;
iii. 
Department of the Interior and Local Government (DILG);
iv. 
Department of Trade and Industry (DTI);


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V. Department of Science and Technology (DOST);
Vi. 
Department of Agriculture (DA);
vii. 
Department of Finance; and
viii. 
Other agencies identified by the DOH;
(b) Issue policies, rules, regulations and standards for the
implementation of this Act; and
(c) Oversee and monitor the implementation of this Act.
SEC. 6. Assistance and Capacity Buiiding for Locai Impiementation and 
Enforcement. - The FDA, in coordination with DILG and other relevant agencies, 
shall strengthen the capacity of local government units (LCDs) in implementing 
and enforcing the provisions of this Act with regard to prepackaged and 
processed food produced and marketed in traditional markets and food service 
establishments.
The FDA shall assist LCDs in regulating food service establishments, 
upon request of the LGU. Such assistance shall include the use of laboratories 
for testing and sharing of information relevant to products registered with the 
FDA.
SEC. 7. Research and Development. - The DOST shall:
(a) Conduct continuing research to identify and develop Healthy
Alternative Oils and food products such as:
i. 
Healthy Alternative Oilseeds through crop diversification 
programs and agricultural research, in coordination with 
the DA;
ii. 
Healthy oils and fats through the application of oil 
modification techniques and other methods; and
ili. Healthy food products through product reformulation, 
research and development; and
(b) In coordination with the FDA, develop or adopt technology to
reduce the cost of TFA testing.
SEC. 8. Oilseeds Crop Diversification. - The DA shall implement an 
oilseeds crop diversification program and conduct continuing research and 
development to support the production of Healthy Alternative Oilseeds in 
coordination with DOST.


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SEC. 9. Trainings and Seminars on Reformuiation. - The DOH, in 
coordination with FDA, DTI, DOST-Philippine Council for Health Research and 
Development, DOST-Food and Nutrition Research Institute (DOST-FNRI), 
DILG, and the Technical Education and Skills Development Authority, shall 
conduct trainings and seminars for food business operators and food semce 
establishments on the reformuiation of food products to comply with the 
provisions of this Act, and the use of health alternatives of oils.
Article III. Prohibited Acts
SEC. 10. Prohibition on the manufacture,, importation, distribution and 
sale of PHOs and oils and fats with high TFA content - The manufacture, 
importation, distribution anc sale of the following are prohibited:
(a) PHOs to be consumed alone or used in preparation of food 
products;
. 
(b) Oils and fats made or blended with PHOs; and
(c) Oils and fats with TFA content of more than 2g per lOOg.
No registration, license or permit shall be Issued to any food 
manufacturer, importer or distributor that manufactures, imports, distributes, 
or sells food in violation of this provision.
SEC. 11. Prohibition on the manufacture, importation, distribution and 
sale of processed and prepackaged food with PHOs and high TFA content - 
The manufacture. Importation, distribution and sale of the following are 
prohibited:
(a) Processed and prepackaged food prepared with PHOs, including 
food prepared by food service establishments;
(b) Processed and prepackaged food prepared with oils and fats 
made or blended with PHOs, including food prepared by food 
service establishments; and
(c) Processed and prepackaged food with TFA content of more than 
2g per lOOg of total fat.
No registration, license or permit shall be issued to any food 
manufacturer, importer or distributor for any processed or prepackaged food 
manufactured, imported, distributed or sold in violation of this provision.
SEC. 12. Prohibition on trans fat free claims - Claims on the packaging, 
labelling, marketing, or advertising, that a food product is TFA free is 
prohibited.
A TFA free claim is any claim that states or suggests that the food product does


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not contain TFA, such as "Trans Fat Free," with "Og Trans Fat/' or any other 
similar claim.
SEC. 13. Material misrepresentation. - Any material misrepresentation 
with regard to the requirements mandated by the FDA in the application for a 
CPR shall be a ground for the imposition of appropriate penalties prescribed 
under this Act. For purposes of this Act, there is material misrepresentation 
when the applicant makes a false representation of a material fact in the 
application for a CPR, tending directly to induce the FDA to grant the application 
when otherwise it will be denied.
Article IV. Enforcement
SEC. 14. Enforcement agencies. - The FDA and LGUs shall be responsible 
for the enforcement of this Act with regard to the following food products:
(a) Processed and prepackaged food - The FDA shall enforce the 
provisions of this Act in relation to prepackaged and processed 
food including oils and fats, whether domestic or imported.
(b) Food produced and marketed in traditional markets and food 
service establishments - The LGUs shall enforce the provisions of 
this Act with regard to prepackaged and processed food produced 
and marketed in traditional markets and food service 
establishments within their jurisdiction.
SEC. 15. Inspection powers and record-keeping. - The FDA, through its 
authorized agents, shall have the power to inspect the premises and records of 
food manufacturers to determine compliance with this Act. The FDA shall issue 
guidelines on record-keeping and inspection procedures.
SEC. 16. Enforcement procedure for processed and prepackaged food. 
- The existing rules of procedure in administrative proceedings of the FDA shall 
apply in the handling of cases and violations committed under this Act with 
regard to processed and prepackaged food.
SEC. 17. Enforcement for traditional markets and food service 
establishments. - LGUs, through an appropriate issuance, shall establish a 
mechanism to enforce the provisions of this Act with regard to prepackaged 
and processed food produced and marketed in traditional markets and food 
service establishments within their jurisdiction and shall impose penalties for 
violations thereof.
SEC. 18. Civil society participation for monitoring and surveillance. - The 
FDA shall implement programs encouraging citizen participation in the conduct 
of post-market monitoring and surveillance of TFA content in food and reporting 
violations of this Act. For this purpose, the FDA shall develop and publicize a


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web-based user-friendly consumer complaints portal to encourage citizen 
participation.
Article V. Fines and Penalties
SEC. 19. Administrative Penaities. - The following administrative 
penalties shall be imposed on food business operators found to be in violation 
of Sections 10, 11, and 12 of this Act:
(a) For the first violation, a fine of not less than Fifty Thousand Pesos 
(P50,000.00) but not more than One Hundred Thousand Pesos 
(P100,000.00) and suspension of the CPR and/or LTO for one (1) 
month;
(b) For the second violation, a fine of not less than One Hundred 
Thousand Pesos (P100,000.00) but not more than Two Hundred 
Thousand Pesos (P200,000.00) and suspension of CPR and/or 
LTO for three (3) months; and
(c) For the third violation, a fine of not less than Two Hundred 
Thousand Pesos (P200,000.00) but not more than Three Hundred 
Thousand Pesos (P300,000.00). Suspension of CPR and/or LTO 
for one (1) year or revocation of the CPR, LTO, and other relevant 
licenses and permits.
The following administrative penalties shall be imposed on food 
businesses operators found to be in violation of Section 13 of this Act:
(a) For the first violation, a fine of not less than One Hundred 
Thousand Pesos (P100,000.00) but not more than Two Hundred 
Thousand Pesos (P200,000.00) and suspension of the CPR and/or 
LTO one (1) year; and
(b) For the second violation, a fine of not less than Two Hundred 
Thousand pesos (P200,000.00) but not more than Three Hundred 
Thousand Pesos (P300,000.00) and revocation of CPR and/or 
LTO.
The imposition of fines shall take into consideration the annual gross 
sales, capital investment and employee size of the food business operator.
SECTION 20. Imprisonment - In addition to administrative penalties, the 
following penalties of imprisonment may be imposed on food business 
operators:
(a) For violations under Sections 10,11, and 12, imprisonment of not 
less than one (1) month but not more than six (6) months; and


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(b) For violations under Section 13, imprisonment of not less than six 
(6) months but not more than one (1) year.
Criminal and administrative actions for violations of this Act may be 
instituted separately and independently from one another. Should the offense 
be committed by a juridical person, the Chair of the Board of Directors, the 
President, General Manager, or the partners and/or the persons directly 
responsible therefor shall be penalized.
If the offender is an alien, he shall be deported after service of sentence 
and payment of fine without further deportation proceedings.
In case the violation is committed by, or in the interest of, a foreign 
juridical person duly licensed to engage in business in the Philippines, such 
license to engage in business in the Philippines shall immediately be revoked.
The above penalties shall not preclude the Imposition of applicable 
penalties by LGUs, and any other sanctions under applicable laws, rules, and 
regulations.
SEC. 21. Other Penalties. - In addition to the foregoing fines and 
penalties, the following sanctions may also be imposed:
(a) Seizure and condemnation, destruction and/or appropriate 
disposition of noncompliant food products by the FDA; and/or
(b) Closure of establishment by the LGUs having jurisdiction.
Article VI. TFA Testing and Enforcement Capacity
SEC. 22. Accredited laboratories and testing centers. - The FDA and DTI- 
Philippine Accreditation Board (PAB) shall jointly accredit public and private 
laboratories capable of testing TFA content in food. The FDA and DTI-PAB shall 
develop. Issue, and publish accreditation procedures and qualification 
requirements for testing facilities within six (6) months from the effectivity of 
this Act. The FDA shall adopt mechanisms to reduce the cost of TFA testing in 
all accredited laboratories and testing centers.
SEC. 23. Regional laboratories and testing centers. - Regional 
laboratories and testing centers shall assist LGUs in monitoring and enforcing 
the provisions of this Act within their respective jurisdictions as provided In 
Section 14.
SEC. 24. Resources and manpower. - The FDA shall determine and 
ensure the sufficient number of resources and manpower needed for the 
implementation of this Act.


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In coordination with DOST, the FDA shall ensure that all FDA and DOST 
regional laboratories have the equipment and resources to conduct testing of 
TFA content in food.
In coordination with relevant agencies, the FDA shall determine and 
ensure the adequacy of personnel trained on TFA regulation, testing, 
monitoring and surveillance.
SEC. 25. Duty-free importation of TFA testing equipment - The 
Importation of laboratory equipment for testing TFA shall be exempt from 
payment of customs duties and taxes.
Article VII. Incentives for Replacing TFA
SEC. 26. Eariy compiiance incentives for MSMEs. - The DTI and LGUs, 
through its business process and licensing offices, shall develop and implement 
policies and programs providing incentives for MSMEs to encourage early 
voluntary compliance with this Act.
SEC. 27. Expedited processing for CPR appiications on reformulated 
products. - The FDA shall expedite the assessment of new CPR appiications for 
food products reformulated in compliance with this Act.
Article VIII. Miscellaneous Provisions
SEC. 28. Consumer information, education and communication program.
The DOH, in coordination with the Philippine Information Agency, 
Department of Education, Commission on Higher Education, and Department 
of Information and Communication Technology shall develop and implement a 
comprehensive information, education and communications program to raise 
public awareness on the provisions of this Act, the health harms resulting from 
TFA, sources of TFA in the diet, and ways to replace PHOs with Healthy 
Alternative Oils, Fats, and Oilseeds.
SEC. 29. Impiementing Ruies and Reguiations. - Within sixty (60) days 
from the effectivity of this Act, the DOH shall develop and issue implementing 
rules and regulations (IRR) of this Act in consultation with NNC, FDA, DILG, 
DTI, DOST, DA, and other relevant government agencies and stakeholders.
SEC. 30. Transitory Provisions. - Within two (2) years from the effectivity 
of this Act:
(a) Food manufacturers and Importers shall comply with the 
additional requirements for CPR application as determined by the 
FDA; and


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(b) Food business operators shall be allowed to sell their existing food 
products that do not comply with Sections 10 and 11 of this Act.
All manufacturers, importers, distributors, and retailers of oils and fats, 
and food service establishments shall be required to submit their existing 
inventory of food products as of the date of effectivity of this Act to the FDA 
and DTI. Food business ope-ators shall submit their inventory within sixty (60) 
days from the effectivity of the IRR of this Act to monitor the phase out of 
noncompliant food products.
SEC. 31. Monitoring and Evaluation. - The DOH shall periodically report 
to the President and the Congressional Committees on Health, Agriculture and 
Food, and Trade and Industry on the implementation of this Act. The DOH 
shall, in coordination with DOST-FNRI, further monitor and evaluate the 
following:
(a)TFA exposure screening and surveillance - The DOST-FNRI shall 
include the regular screening and monitoring of TFA population 
consumption in the expanded national nutrition survey; and
(a) TFA nutrient profiling - The DOST-FNRI shall include the testing and 
monitoring of TFA content in food in the food composition table and 
food composition databases.
SEC. 32. Appropriations and Use of Fees, Charges and Penalties. - The 
initial amount necessary for the implementation of this Act shall be charged 
against the current appropriation of all concerned agencies. Such funds 
necessary for the continued implementation of this Act shall be included in the 
annual General Appropriations Act.
All fines and fees that may be collected from the enforcement of this Act 
shall be used exclusively for its implementation.
SEC. 33. Conflict of Interest - Pursuant to the fundamental objective of 
this Act to advance public health, the implementation and enforcement of this 
Act and the development of related policies shall promote multisectoral 
coordination while safeguarding against potential conflict of interest.
SEC. 34. 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.
SEC. 35. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified, or amended accordingly.
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SEC. 36. Effectivity Clause. - Notwithstanding the non-issuance of the 
IRR, this Act shall take effect fifteen (15) days after its complete publication in 
the Official Gazette or in a newspaper of general circulation.
Approved,
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