Semrt? 
{iliff,;, uf lq. ;!:>,or?lnr¥ 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
'13 
JUL -3 P 2 :13 
SENATE 
Senate Bill No, 3 7 3 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Republic Act No. 7394, otherwise known as "The Consumer Act of the 
Philippines" provides: 
"Article 80. Special Packaging of Consumer Products for the Protection of 
the Children. The concerned department may establish standards for the special 
packaging of any consumer product if it finds that: 
a) 
the degree or the nature of the hazard to children in the 
availability of such product, by reason of its packaging is such that 
special packaging is required to protect children from serious 
personal injury or serious illness resulting from handling and use 
of such product." 
xxx 
This Act also recognizes the need to provide the requirements for labeling 
of consumer products, thus; 
"Article 7. Promulgation and Adoption of Consumer Product Standards. 
xxx 
xxx 
e) requirements that a consumer product be marked with or 
accompanied by clear and adequate safety warnings Or 
instructions, or requirements respecting the form of warning or 
instructions. " 
However, it does not provide the requirements for special labeling of 
consumer products to provide additional measures to protect children against 
potentiai hazards to their heaith and safety. 
It is the objective of this bill to fill the void between the existing laJ and the 
need to set standardized labeling requirements for certain toys and games for 
children. The immediate passage of this bill is earnestly solicited. 
NGcft)" EJERCITO ESTRADA 
. Senator 


.' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
'13 
JUL -3 P2 :13 
SENATE 
Senate Bill No. 3 7 3 
RE(' 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO PROVIDE FOR TOY SAFETY LABELING 
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 "The Toy 
Safety Act'. 
SEC. 2 •. Declaration of Policy. - It shall be the policy of the State to protect 
the interest of children and to promote their general welfare. Toward this end, the 
State shall implement measures to achieve the following: 
a) 
provision of safety and quality standards for consumer products 
by requiring that a consumer product for children be marked with 
or accompanied by clear safety warnings or instructions. 
b) 
Protection against hazards and safety; and 
c) 
Provision of adequate rights and means of redress. 
SEC. 3. Definition of Terms. - For purpose of this Act, the term: 
a) 
"Hazardous substance" means any substance or mixture of 
substances which is toxic, corrosive, irritant, a strong sensitiser, 
flammable or combustible, or generates pressure through 
decomposition, heat or other means, if such substance or mixture 
or substances cause any substantial injury or substantial illness 
during or as a proximate result of any customary or reasonably 
foreseeable ingestion by children. 
b) 
"Commerce" means the sale, lease, exchange, traffic or 
distribution of goods; 
c) 
"Label, labeling" means the display of written, printed or graphic 
matter on any consumer 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, specifications and such other 
information as may be required by law or regulations. 
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d) 
"Package" or "packaging" means any container or wrapping in 
which any consumer product is enclosed for use in the delivery or 
dispiay of that consumer product to retali purchasers. 
e) 
"Principal display panel" means that part of the label that is most 
likely to be displayed, presented, shown or examined under 
normal and customary conditions of display for retail or sale. 
SEC. 4. Toy Labeling Requirements. - The packaging of any toy or game 
intended for use by children who are less than ten (10) years old, any descriptive 
material which accompanies such toy or game, and, in the case of bulk sales of 
such toys or game when unpackaged, any bin, container for retail display, or 
vending machine from which the unpackaged toy or game is dispensed shall bear 
or contain the cautionary statements described in the succeeding paragraph if the 
toy or game includes a small part and is manufactured for sale, offered for sale, or 
distributed in commerce in the Philippines. 
The cautionary statement required for a toy or game shall be as follows: 
~ 
WARNING: 
CHOKING HAZARD - Small Parts 
Not recommended for children under 3 years 
and/or 
& 
BABALA: 
MAARING MALULON - Maliliit na bahagi 
Bawal sa batang wala pang edad na 3 
In the case of any latex balloon, any ball with a diameter of 1.75 inches or 
less intended for children who are less than 10 years of age, or any marble 
intended for children who are less than 10 years of age, or any toy or game which 
contains such a balloon, or marble, which is manufactured for sale, offered for 
sale, or distributed in commerce in the Philippines, the packaging of such balloon, 
toy, or game; any descriptive material which accompanies such balloon, ball, 
marble, toy or game; and in the case of bulk sales of any such product when 
unpackaged, any bin, container for retail display, or vending machine from such 
unpackaged balloon, ball, marble, toy or game is dispensed, shall bear or contain 
the cautionary statements as follows: 
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In the case of balloons, or toys or games that contain latex balloons, the 
following cautionary statement applies: 
ID. W ARNlNG, 
CHOKING HAZARD - Children under 10 yrs 
can choke or suffocate on uninflated broken 
balloons 
Adult Supervision required. 
Keep uninflated balloons from children. 
Discard broken balloons at once. 
and/or 
hl 
BABALA, 
MAARING MALULON ng batang.may edad na 
10 pababa ang lobong walang hangin 0 ang 
sirang lobo. 
Kinakailangan ang pa1nubay n~ nakatatanda. 
lIayo ang mga lobong walang hangin sa mga batao 
Itaponkaagad ang mga sirang lobo. 
In the case of balls, the following cautionary statement applies: 
~ 
WARNING, 
CHOKING HAZARD - This toy is a small ball. 
Not recommended for children under 3 yrS. 
and/or 
1\ 
BABALA: 
ill 
MAARlNG MALULON- Maliit na bola 
Bawal sa batang wala pang edad na 3. 
3 


In the case of marbles, the following cautionary statement applies: 
.~ WABNlNG, 
CHOKING HAZARD - This is a marble 
Not recommended for children under 3 yes. 
and/or 
1\ 
BABALA: 
·m 
MAARING MALULON- Ang laruang ito ay 
holen 
Bawal ang batanga wala pang edad na 3. 
In the case of balls, the following cautionary statement applies: 
~ 
WARNiNG: 
CHOKING HAZARD - Toy contains a small 
ball 
. 
Not recommended for children under 3 yrs. 
and/or 
i BABALA: 
, 
MAARlNG MALULON- May maliliit na bola 
Bawal sa batang wala pang edad a 3. 
In the case of marbles, the following cautionary statement applies: 
~ 
WARNING: 
CHOKING HAZARD - Toy contains .marbles 
Not recommended for children under 3 yrs. 
4 
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and/or 
~ 
BABALA: 
MAARING MALULON- May maliliit na holen 
Bawal sa batang wala pang edad na 3. 
SEC. 5. General Labeling Requirements. - Except as provided i~ Section 
6 and 7 hereof any cautionary statement shall be displayed in its entirely on the 
principal display panel of the product's package and on any descriptive material 
which accompanies the product, and in the case of bulk sales of such product 
when unpacked, on the bin, container for retail display of the product, and any 
vending machine from which the unpacked product is dispensed and displayed in 
English or Filipino or both, in conspicuous and legible type in contrast by 
typography, lay-out, or color with other printed matter on such package, 
descriptive materials, bin, container and vending machine, and in the manner 
consistent with the provisions of the RA 7394 on labeling. 
SEC. 6. Exception. - In the case of products manufactured outside the 
country and directly shipped from the manufacturer to the consumer by mail or 
other delivery service, the accompanying materials inside the package of the 
product may fail to bear the required statement if other accompanying material 
shipped with the product bears such statement. 
SEC. 7. Special Rules for Certain Packages. - A cautionary statement 
required by Section 4 or in lieu of display on the principal display panel of the 
product's package, shall be displayed on another panel of the package if the 
package has a principal display panel of 15 square inches or less and the required 
statement is displayed in English or Filipino or both and the statement is displayed 
on the principal display panel and is accompanied by an arrow or other indicator 
pointing toward the place on the package where the statement required by Section 
5 appears. 
In case of a product to which Section 4, paragraph I applies, the statement 
is as follows: 
~ 
SAFETY WARNING: 
and/or 
~ABALA 
NG PAG4INGAT 
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1 • ' 
In the case of a product to which Section 4, paragraph 2 applies, the 
statement is as follows: 
WARNING: 
CHOKING HAZARD 
and/or 
BABALA: 
MAARING MALULON 
SEC. 8. Treatment as Misbranded or Banned Hazardous Substance. -
A balloon, ball, marble or toy or game that is not in compliance with the 
requirements of this Act shall be considered a misbranded or banned hazardous 
substance and shall be withdrawn .From the market at the expense of the 
manufacturer or shall not be allowed to be distributed, sold or offered for sale 
unless and until the requirements of this Act is complied without prejudice to 
whatever liability and penalty to be incurred under Section 10. 
SEC. 9. Report to Department of Trade and Industry. I -
Each 
manufacturer, distributor, retailer and importer of a marble, small ball or latex 
balloon, or a toy or game that contains a marble, small ball or latex balloon, or 
other small parts, shall report to the Department of Trade and Industry any 
information obtained by such manufacturer, distributor, retailer, or importer which 
reasonably supports the conclusion that an incident occurred in which a child 
regardless of age choked such a marble, small ball, or latex balloon, or on a 
marble, small ball, latex balloon, or other small part contained in such toy or game, 
and that as a result of that incident the child died, suffered serious injury, ceased 
breathing for any length of time, or was treated by a medical professional. 
SEC. 10. Penalties. - Any person who shall violate any provision of this 
Act, shall be subject to a fine of not less that ten thousand pesos (P10,000.00) but 
not more than fifty thousand pesos (50,000.00) or imprisonment of not- less than 
less three (3) months but not more than two (2) years or both at the discretion of 
the court. If the offense is committed by a corporation, trust, firm, partnership or 
association or other entity, the penalty shall be imposed upon the guilty officer or 
officers of such corporation, trust, firm, partnership or association or entity. 
SEC. 11. Regulations. - The Department Of Trade and Industry shall 
promUlgate regulations for the implementation of this Act in accordance with the 
provisions of RA 7394 on labeling. In addition, the Department of Trade and 
Industry shall regularly publish the list of all manufacturers, importers, distributors 
and retailers who failed to comply with the requirements of this Act. 
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~, 
SEC. 12. Grace Period. - Manufacturers, retailers, distributors, and 
importers are given one (1) year grace period to comply with theses requirements 
reckoned from the effectivity of this Act. 
SEC. 13. Separability Clause. - If any provision, or part hereof, is held 
invalid or unconstitl,ltional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SEC. 14. Repealing Clause. - Any law, presidential decree, or issuance, 
executive inconsistent with the provisions of this Act is hereby repealed, modified 
or amended accordingly. 
SEC. 15. Effectivity Clause. - This Act shall take effect fifteen (1 5) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
7