Republic of the Philippines
HOUSE OF REP
Queze

EIGHTEENTH CONGRESS
First Regular Sessi

HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

This bill seeks to mandate the disclosure of the Nutrition! Contents of standard
menu items in chain restaurants and similar retail food establishments.

Article II, Section 15 of the 1987 Philippine Constitution pravides that:

“The State shall protect and promote the right to health of the people and instill
health consciousness among them.”

Because of this, the state must create enabling laws that would actualize the goals
and wisdom of the Constitution.

In order to instill health consciousness among the people, this representation
Proposes that the state mandates the disclosure of the nutritional contents of
standard menu items in chain restaurants and similar retail food establishments.
Doing so will provide the people with vital information about their food intake,
which will enable and empower them to decide over matters that directly affect
their health.

It Is no secret that fast food items and other similar food items are made of
Processed and arguably unhealthy ingredients. Despite this, people still tend to
Purchase these because of their offered convenience and low price. As a result,
People unknowingly consume food that may be detrimental to their health. As
such, this representation believes that the People are ought to be informed and
equipped with the necessary and adequate information so that they can make the
right choices for their health, ultimately decreasing their susceptibility to life-
threatening diseases and promoting healthy lifestyles.



EIGHTEENTH CONGRE

First Regular Session
re 2580

HOUSE BILL WO, TO

Introduced by Hor. John Marvin “Yul Servo” C. Nieto

AN ACT MANDATING THE DISCLOSURE OF THE NUTRITIONAL
CONTENTSOF STANDARD MENU ITEMS IN CHAIN RESTAURANTS AND
SIMILAR RETAIL FOOD ESTABLISHMENT

Be it enacted by the Senate and House of Ropres
Congress assembled:

ntatives of the Philippines in

Section 1. Short Title - This act shall be known as the “Menu Labelling Act of
2019”

Section 2. Declaration of Policy — It js hereby declared as the policy of the
State to protect and promote the right co health of the people and instill health
Consciousness among them. To achieve this, the state mandates the disclosure of
the nutritional contents of standard menu items ip chain restaurants and similar
retail food establishments in order to aid the people to make the best choices for
their well-being.

Section 3. Definition of Terms — Whe: ever used in this Act, the following terms
shall mean or be understood as follows:

a.)Restaurant or Similar Retail Food Establishrnent- A retail establishment,
wherein the business is confined in selling or serving food that is meant for
immediate human consumption, such as but not limited to consumption in
the premises of such business or rest2urant.

b.)Menu- The primary writing of the restaurant or similar retail food
establishment, of the list of goods that they offer to the general public,
including drive-through menu boards, from which a costumer makes an
order selection.

¢.)Standard Menu Item - Food that is meant for immediate human
consumption, which is routinely i ded on the establishment's menu, or
routinely offered as self-service food or food on display. The term “food”
shall include all kinds of beverages.

d.)Temporary Menu Item - Food that appears on an establishment’s menu or is
routinely offered as self-service food or food on display for a period not
exceeding sixty (60) days, it may be consecutive or per calendar year. The
item that is regularly offered for sale one or more days each week shall not
be considered a temporary menu item.


€.)Food that is part of a customary mark Food that is marketed in an
establishment for a period rot exce lundred twenty (120) days,
whether consecutive or not, in order to test consumer's acceptance of the
goods.

f.) Daily Special - A menu item that is not routinely listed on a menu or offered
for sale by the establishment, but is promoted as a special menu item
Prepared and offered for sale only a ticular day

g.)Custom Order - Food that is Prepared in a specific manner, based on one’s
own request, which requires the covered establishment to deviate from its
usual preparation of a menu item.

h.)Variable Menu Item - A stancard menu item ¢ lat comes in different flavors,
varieties, and/or combinations, anc is d as a single menu item.

i.) Department - The Department of Health

Section 4. Establishments Covered — Every staurant and similar retail food
establishment nationwide that is part of Nain, ) at least five (5) locations or
branches anywhere in the Philippines, doing business under the same or relatively
connected in the same name, regardless of the t of ownership in the various
locations, and offering for sale the same or s anuially the same menu items,
shall be required to comply with the requirements set forth in this Act.

Section 5. Menu Items that are Substantially the Same - Menu items are
considered the same or substantially the sa me where they are prepared using the
same general recipe, and is made in the same y, with substantially the same
food components, even if the names of the menu ooods may vary.

Section 6. Disclosure of Nutritional information -For each standard menu
item offered for sale, covered establishments shall, in a clear and conspicuous
manner, disclose the corresponding nutrient content, in the manner provided
herein, namely:
a.)On the menu listing of the items for sale, adjacent to its name. So as to be
Clearly associated therewith, the number of calories contained in each
serving size or other unit of measure of such item. +

b.)In a written form available within the premises of the establishment and as
well to the customer upon request, with a prominent and clear statement of
such availability on the menu board the amount of the following nutrients
contained in each serving size or other unit of measure of items:
i. Total fats;
li. Trans fat;
ili. Saturated fat;
iv. Cholesterol;
v. Sodium;

vi. Total carbohydrates


vii. Dietary fiber;
viii. Sugars; and
ix. Protein

Section 7. Self-Service Menu Iterns -in che case of standard menu items sold
at a salad bar, buffet line, cafeteria line, or other similar seif-service facility, and
for self-service items that are or display. covered establishments shall place
adjacent to each item a sign which stetes the nutritional content of each displayed
item.

Section 8. Variable Menu Items -in the case of variable menu items, disclosure
of the caloric and nutrient content shall be made for each flavor or variety of said
item. For variable standard menu items, however, whose ingredients are chosen
or determined by the customers themselves, such disclosure shall be made
separately for each ingredient, topping, add-on variablé component at a given
quantity, whether in a posted list or adjacent to the container. There shail likewise
be a visible statement of the avail2 dility of the written form described in Section 4
(b) of this Act.

Section 9. Non applicability to certain food -The nutrient content disclosures
required by this Act shall not apply to the following food items:

a. Those that are not listed on the menu, such as condiments and other items
Placed on tables or counters for general use;

b. Daily specials;

c. Temporary menu items;

d. Food that is part of a customary market test; and

e. Custom orders
Section 10. Disclosure Compliance Certificate ~All restaurant and similar food
establishment are hereby directed to apply for and secure, as an additional
requirement for their Operation, within tweive (i2) months from the effectivity of
this Act, a Nutrition Disclosure Compliance Certificate from the Department of

Health. The said certificate shall be valid for two (2) years from the date of issue,
unless otherwise provided.

Failure of any of the covered estabiisly ent to secure the aforementioned
Certificate shall be a ground for the suspension or revocation its license to
operate.

Section 11. Reasonable basis -Covered establishments shall have reasonable
bases for their nutrient content disclosures, in the form of nutrient databases,
cookbooks that provide nutritional information, laboratory analyses performed by
laboratories duly accredited by the Food and Drug Administration, and other
reasonable means.


Section 12. Penalties -Any person or juridical entity found to be violating this Act
shall be punished by a fine of not less than twenty thousand pesos (20,000) but
not more than one hundred thousand pesos (100,000) at the discretion of the
court. Provided, that for any second or additional offenses, the maximum fine shall
be imposed.

Section 13. Implementing Rules and Regulation ~ The Secretary of Health shall,
within ninety (90) days from the effectivity of this Act, issue the necessary rules
and regulations for the effective implementation of the provision of this Act.

Section 14. 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 are hereby repealed,
modified or amended accordingly.

Section 15. Separability Clause - If any provision or part of this Act is declared
invalid or unconstitutional by competent authority, the remainder or provisions not
otherwise affected and dependent thereon shall remain valid and subsisting.

Section 16. Effecti - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in at least two (2) national newspaper of
general circulation.

Approved,