Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
The dangers of food allergy cannot be understated. Even the smallest
serving mistakenly ingested could mean an entire day of swollen tissues,
vomiting, abdominal cramps, painful blisters, difficulty breathing, and in the
worst
cases,
coma
and
death.1
Thankfully,
allergic
reactions
and
the
complications they cause may easily be prevented through the exercise of
diligence - a burden which must be shared by the establishment and the
customer alike.
Hence, to augment every person’s duty to inquire about the content of
the food they buy, we also seek to institutionalize the duty to make an
automatic disclosure of allergy-causing ingredients used in the menu items of
food establishments, to minimize, if not completely eradicate, the instances of
accidental allergic reactions. Hopefully, this measure would foster a safer and
more enjoyable dining experience for Filipinos all over the country.
It is for the foregoing reasons that the passage of this bill is earnestly
sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List
1 Castillo, Jazel. 2019 FOOD ALLERGY STUDIES IN THE PHILIPPINES. Asian Institute of Management
(2019).
September 2, 2022
8:00 am
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
MANDATING THE DISCLOSURE OF FOOD ALLERGENS IN PRODUCTS
OFFERED BY FOOD ESTABLISHMENTS AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Food Allergen
Disclosure Act.”
SECTION 2. Declaration of Policy. – It is a policy of the State to protect
and promote the right to health of the people and instill health consciousness
among them. To this end, the State recognizes its duty to ensure a high degree
of
food
safety
in
all
establishments
related
to
the
sale
of
food,
from
manufacturing to service.
SECTION 3. Definitions. – The following words and phrases when used in
this Act shall have the meanings given to them in this Section unless the
context clearly indicates otherwise:
a) “Food allergen” shall mean any ingredient used in food preparation that
is capable of producing an allergic reaction (e.g., nuts, milk, gluten, etc.)
b) “Hypoallergenic” shall mean unlikely to cause an allergic reaction
c) “Food establishment” shall mean any establishment engaged, whether
primarily or incidentally, in the business of selling food to the general
public, such as but not limited to restaurants, canteens, food stalls, etc.
SECTION 4. List of Common Food Allergens. - The Food and Drugs
Administration (FDA), through the Center for Food Regulation and Research,
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shall create an inventory of common food allergens and publish the same in its
official website. A copy of the said inventory shall be given to establishments
applying for a License to Operate (LTO).
SECTION 5.
Disclosure of Food Allergens. – Food establishments shall
identify food allergens in their offerings, in accordance with the List published
by the FDA, and shall make such allergens known to customers by including
them in the description of every item on their menu. Should it be impracticable
to print a list of every allergen for every menu item, the establishment shall
endeavor to make it known to its customers that such list of allergens shall be
disclosed to them upon request.
SECTION
6.
Alternatives.
–
Food
establishments
shall,
as
far
as
practicable, provide hypoallergenic substitutes for allergy-causing ingredients
in their offerings. Where substitution is not possible, the food establishment
shall give its customer the option to have the allergy-causing ingredient
removed. In any case, the food establishment shall ensure that they have
hypoallergenic offerings at all times.
SECTION 7. Penalties. – Food establishments that fail, despite due notice
and warning, to comply with the provisions of the present Act shall be fined an
amount not less than fifty thousand pesos (PHP 50,000.00) but not more than
one hundred thousand pesos (PHP 100,000.00). Repeated violations of this Act
shall be a ground for the cancellation or revocation of the establishment’s
business permit and/or license to operate.
SECTION 8. Exemptions. – Exempted from the provisions of this Act are
carinderias, backyard food stalls, ambulant food vendors, food kiosks, and
other similar businesses. However, they are not precluded from including the
food allergen in their meals and food products, should they voluntarily do so.
SECTION 9. Implementing Rules and Regulations. – Within sixty (60)
days from the approval of this Act, the Secretary of Health, through the Food
and Drug Administration, shall promulgate the necessary rules and regulations
required for the effective implementation of the provisions of this Act.
SECTION 10. Appropriations – The amount necessary to carry out the
provisions of this Act shall be charged against those authorized in the current
and subsequent General Appropriations Act.
SECTION 11. Separability Clause. – If any provision or part of this Act is
held invalid or unconstitutional, the remaining provisions or parts unaffected
shall remain in full force and effect.
SECTION 12. Repealing Clause. – All laws, executive orders, presidential
decrees or issuances, letters of instruction, administrative orders, rules, and


regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly.
SECTION 13. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of general
circulation.
Approved,