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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. - 7200

Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos

EXPLANATORY NOTE

Noncommunicable diseases (NCDs) kill 41 million people each year,
contributing about 71% of all deaths globally. 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 - cardiovascular diseases (CVDs), cancer,
diabetes, or chronic respiratory diseases. 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.

Denmark, Argentina, Thailand and Singapore have introduced policies to
limit TFA consumption by banning partially hydrogenated oils (PHOs), the major
source of TFA, and/or limiting TFA content in food. Countries that regulated TFA
have seen a significant decline in CHD deaths. Denmark’s regulation limiting
‘TRA content to 2g per 100g of fat in food products contributed 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.

According to the WHO, 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 by passing this bill now. Together, let us protect all
Filipinos from the harmful effects of TFA and promote healthy hearts for all.

FRE

ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.-__7200.

Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos

AN ACT TO PROTECT FILIPINOS FROM THE HARMFUL EFFECTS OF
TRANS-FATTY ACIDS, AND FOR OTHER PURPOSES

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

Article I. General Provisions

SECTION 1. Short Title. - This Act shall be known as the “Trans-Fat Free
Philippines Act’.

SECTION 2. Declaration of Policy — It is the duty of the State to protect and
promote the Filipinos’ right to health 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
removing industrially produced TFA from the food supply.

SECTION 3. Definition of Terms - For the purposes of this Act, the following
terms shall be defined as follows:

a) Certificate of Product Registration (CPR) - an authorization issued
by the Food and Drug Authority (FDA) for specific health products
including food, after evaluation and approval of submitted
registration requirements.


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b)

d)

h)

i)

Distributor - means 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. Distributors
may be exporters, traders and wholesalers.

Food - any 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.

Food Business Operator — refers to natural or juridical person
responsible for operating a business at any step of the food chain.

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.

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.

Industrially-Produced TFA - trans-fatty acids created when fats and
oils are modified by the use of industrial processing techniques.

License to Operate (LTO) - a license granted by the FDA to
establishments involved in the manufacturing, packaging,
repackaging, exportation, distribution, and retailing of processed
foods, drugs, medical devices, in vitro diagnostic reagents,
cosmetics, and household hazardous substance products.

Manufacturer ~ means any person who manufactures, assembles or
processes food products, including any person who attaches one’s
own brand name to a consumer product manufactured, assembled,
or processed for them.

Micro, small and medium enterprise (MSME) ~ any business activity
or enterprise 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 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 RA 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.

Partially Hydrogenated Oil (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.

Prepackaged Food — processed food prepared in advance and placed
in a container, labelled and ready for sale or distribution, or for
catering purposes.

m) Processed Food - any food that has been subjected to any action

n)

0)

a)

that substantially alters the initial raw materials or product or
ingredients.

Retailer - any establishment that sells or offers to sell any food
product directly to the general public.

‘TFA- all fatty acids with a double bond in the trans configuration,
regardless of whether they are produced industrially or come from
ruminant sources.

SECTION 4. Scope and Application - This Act shall apply to all food
business operators as defined under Republic Act No. 10611 or the “Food Safety

ARTICLE II. ROLES AND RESPONSIBILITIES

SECTION 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:

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 (DT);
v. Department of Science and Technology (DOST);


vi. Department of Agriculture (DA); and
vii. 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.

SECTION 6. Assistance and capacity building for local implementation and
enforcement - The FDA, in coordination with DILG and other relevant agencies,
shall strengthen the capacity of LGUs 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 LGUs 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.

SECTION 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

iii, 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.

SECTION 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.

SECTION 9. Trainings and seminars on reformulation ~ 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 service
establishments on the reformulation of food products to comply with the
provisions of this Act, and the use of healthy alternatives of oils.


ARTICLE III. PROHIBITED ACTS

SECTION 10. Prohibition on the manufacture, distribution and sale of PHOs
and oils and fats with high TFA content - The manufacture, distribution and 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 100g.

No registration, license or permit shall be issued to any food manufacturer,
or distributor that manufactures, distributes, or sells food in violation of this
provision.

SECTION 11. Prohibition on the manufacture, distribution and sale of
processed and prepackaged food with PHOs and high TFA content - The
manufacture, 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 100g of total fat.

No registration, license, or permit shall be issued to any food
manufacturer, or distributor for any processed or prepackaged food
manufactured, distributed or sold in violation of this provision.

SECTION 12. Prohibition on trans fat free claims ~ Claims on the packaging,
labelling, marketing, or advertising, that a food product is TFA free is prohibited.
ATFA free claim is any claim that states or suggests that the food product does
not contain TFA, such as “Trans Fat Free,” with “Og Trans Fat,” or any other
similar claim.

SECTION 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

SECTION 14. Enforcing agencies - The FDA and local government units
(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 domestic prepackaged and
processed food including oils and fats.

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.

1)

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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 web-based user-friendly consumer complaints portal to encourage
citizen participation.

ARTICLE V. FINES AND PENALTIES
SECTION 19. Administrative Penalties - 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

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.

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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

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.

SECTION 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

SECTION 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.

SECTION 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.

SECTION 24. Resources and manpower - The FDA shall determine and
ensure the sufficient number of resources and manpower needed for the
implementation of this Act.

a) 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.

b) In coordination with relevant agencies, the FDA shall determine and
ensure the adequacy of personnel trained on TFA regulation, testing,
monitoring and surveillance.

SECTION 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

SECTION 26. Early compliance 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.

SECTION 27. Expedited processing for CPR applications on reformulated
products ~ The FDA shall expedite the assessment of new CPR applications for
food products reformulated in compliance with this Act.

ARTICLE VIII. MISCELLANEOUS PROVISIONS

SECTION 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 and fats.

SECTION 29. Implementing Rules and Regulations - 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.

SECTION 30. Transitory Provisions — Within two (2) years from the
effectivity of this Act:

a) Food manufacturers shall comply with the additional requirements
for CPR application as determined by the FDA; and

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, 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 operators shall submit their inventory within sixty (60) days from the
effectivity of the IRR of this Act to monitor the phase out of non-compliant food
products.

SECTION 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

b) 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.

SECTION 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.

SECTION 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 polices shall promote multisectoral
coordination while safeguarding against potential conflict of interest

SECTION 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.

SECTION 35. Repealing Clause - Except as otherwise expressly provided
in this Act, all other laws, decrees, executive orders, proclamations and
administrative regulations or parts thereof inconsistent herewith are hereby
repealed or modified accordingly.

SECTION 36. Effectivity Clause - This Act shall take effect fifteen (15) days
after its publication in two (2) newspapers of general circulation.

Approved,