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SENATE 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
I 
S. No. 
658 
P9:14 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
The Consumer Act of the Philippines (R.A. No. 7394) recognizes the need to 
establish standards for special packaging of consumer products for the protection of 
children. It also recognizes the need to provide the requirements for labeling of 
consumer products.. 
However, it does not provide the requirements for special labeling of consumer 
products to provide additional measures to protect children against potential hazards 
to their health and safety. 
It is the objective of this bill to fill the void between the existing law and the 
need to set standardized labeling requirements for certain toys and games of children. 
In view of the foregoing, passage of this bill is earnestly sought. 
n 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
JON 30 P9:14 
I 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
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 "Toy Safety Labeling 
Act of 2004". 
SECTION 2. Declaration ofPolicy - 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. 
Protection against hazards and safety; and 
Provision of adequate rights and means of redress. 
b. 
c. 
SECTION 3. DeJinition of Terns - 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. 
"Commerce" means the sale, lease, exchange, traffic or distribution of 
goods, commodities, productions, services or property, tangible or 
intangible 
"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 identify, components, ingredients, attributes, 
directions for use, specifications and such other information as may be 
required by law or regulations. 
b. 
C. 


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I
 
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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 display of that 
consumer product to retail purchasers. 
"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. 
e. 
SECTION 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 of age 
and/or 
// BABALA: 
MAARING MALULON 
Bawal sa batang wala pang 3 taong gulang 


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 beak or contain the cautionary statements as follows: 
1. 
In the case of balloons, or toys or games that contain latex balloons, the 
following cautionary statement applies. 
A WARNING: 
/ I  \ 
CHOKING HAZARD 
Children under 10 years of age can choke 
or suffocate on uninflamed balloons. 
Adult supervision required 
Keep uninflated balloons from children 
Discard burst balloons at once. 
and/or 
/,, BABALA: 
MAAARING MALULON 
Ng batang 10 taong gulang pababa ang 
walang hangin o pumutok na lobo 
Kinakailangan ang patnubay ng nakatatanda 
Ilayo ang mga lobong walang hangin sa mga bata 
Itapon kaagad ang pumutok na lobo 


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2. 
In the case of balls, the following cautionary statement applies: 
A WARNING: 
. 
CHOKING HAZARD 
This toy is a small ball 
Not recommended for children under 3 years of age. 
and/ or 
A BABALA: 
MAARING MALULON 
Maliit na bola 
Bawal sa batang wala pang 3 taong gulang 
3. 
In the case of marbles, the following cautionary statement applies: 
A WARNING: 
CHOKING HAZARD 
This is a marble. 
Not recommended for children under 3 years of age. 
and/ or 
A BABALA: 
MAARING MALULON 
Ang laruang ito ay holen. 
Bawal sa batang wala pang 3 taong gulang 


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4. 
In the case of toys and games containing balls, the following cautionary 
statement applies: 
I 
A WARNING: 
/ ! \  - 
CHOKING HAZARD 
Toy contains a small ball 
Not recommended for children under 3 years of ag-, 
and/or 
A BABALA: 
MAARING MALULON 
May maliit na bola 
Bawal sa batang wala pang 3 taong gulang 
5. 
In the case of toys and games containing marbles, the following 
cautionary statement applies: ' 
A WARNING: 
CHOKING HAZARD 
Toy contains marbles. 
Not recommended for children under 3 years of age. 
and/or 
A BABALA: 
I ! \  
MAARING MALULON 
I 
May maliit na holen 
Bawal sa batang wala pang 3 taong gulang 


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SECTION 5. General Labeling Requirements - Except as provided in 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. 
SECTION 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. 
SECTION 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 1 applies, the statement is 
as follows: 
SAFETY WARNING 
A 
and/or 
BABALA MAG-INGAT 
A 


7 
In the case of a product to which Section 4, paragraph 2 applies, the 
statement is as follows: 
A WARNING: 
/ ! \  
- 
CHOKING HAZARD 
and/ or 
ABABALA: 
~ 
MAAARING MALULON 
SECTION 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. 
SECTION 9. Report to Department of Trade and Industry. 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 
or was 
child died, suffered serious injury, ceased breathing for any length 
treated by a medical professional. 
SECTION 10. Penalties. Any person who shall violate any prov 
lis Act, 
shall be subject to a fine of not less that ten thousand pesos (P10,OOO.OO) but not 
more than fifty thousand pesos (P50,OOO.OO) 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. 
of time, 
sion of 1 


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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. 
SECTION 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. 
SECTION 12. Grace Period. Manufacturers, retailers, distributors, and 
importers are given one (1) year grace period to comply with these requirements from 
the effectivity of this Act. 
SECTION 13. 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 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 is hereby repealed, modified or 
amended accordingly. 
SECTION 15. Effectivity Clause. This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,