Republic of the Philippines
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 5701

Introduced By: HON. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

More than two decades have passed since genetically-modified plants,
animals and processed products (GMOs) were introduced in the global market.
And, in the same period, the Philippines have openly allowed the entry of these
GMO products in our markets.

From meats to vegetables, we have been unknowingly (and to some
unwillingly) using and ingesting these GMO products. For even as the global
recognition and scientific evidence of the risks to health and the environment has
been mounting, we still have not responded to the steady infiltration of these
products.

In light of this, | am filing this bill to recognize and give life to the
Constitutional Right of every Filipino to be protected by the State in regard to
their health and be instilled with health consciousness, to have and maintain a
balanced and healthful ecology,” to be informed® and to be educated about the
food that they eat, as well as to ensure the maintenance of an effective food
regulatory system.*

Accordingly, given the importance provided above this bill is most
respectfully submitted and requested for early approval,

‘DDY BRAWNER BAGDILAT

Sec. 15, Articte I, 1987 Philippine Constitution
? See. 16, Article II, 1987 Philippine Constitution
? See. 24, Article II, 1987 Philippine Constitution
* Sec. 12, Article XII, 1987 Philippine Constitution



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BiLLNo._5”/04

Introduced By: HON. TEDDY BRAWNER BAGUILAT

AN ACT REQUIRING THE MANDATORY LABELING OF
FOOD ORGANISMS, INCLUDING THOSE PRODUCED
BY GENETIC ENGINEERING TECHNOLOGIES

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

Section 1. Declaration of Policy - It is hereby declared that it is a policy
of the State that every Filipino has a right to be protected in regard to their health
and to be instilled with health consciousness, to have a balanced and healthful
ecology, and to be informed and educated.

The State shall ensure that it will provide the Filipino people safe and
healthy food and food products that will not potentially put their health at risk and
place the environment in peril due to the entry of GMO products in our markets
and households.

Section 2. Mandatory Labeling of Food and Food Products
Containing Genetically Modified Organisms - It is hereby declared that food
and food products containing genetically-modified organisms, including those
produced by genetic engineering technologies shall be labeled in accordance
with the provisions of this Act and the existing regulations issued by the
concerned department.

Section 3. Minimum Labeling Requirements - Article Seventy-Seven
(77) of Republic Act Seven Thousand Three Hundred Ninety Four (RA7394),
otherwise known as the Consumers’ Act of the Philippines is hereby amended to
contain the following provision:


Art. 77. Minimum Labeling Requirements
for Consumer Products -

All consumer products domestically sold whether
manufactured locally or imported shall indicate the
following in their respective labels of packaging:

a) XXXXXXXX

b) XXXXXXXX

©) XXXXXXXX

d) XXXXXXXX

e) Its. general make or active _ ingredients,
INDICATING — PARTICULARLY WHETHER IT
CONTAINS GENETICALLY-MODIFIED ORGANISMS
OR IS A PRODUCT OF GENETIC ENGINEERING
TECHNOLOGIES;

f) XXXXXXXX

9) XXXXXXXX

hy XXXXXXXX

The following may be required by the concerned
department in accordance with the rules and
regulations they will promulgate under authority of this
act:

a) XXXXXXXX

b) XXXXXXXX

¢) Warming of toxicity AND POTENTIAL
ALLERGENICITY ESPECIALLY IF IT CONTAINS
GENETICALLY-MODIFIED ORGANISMS OR IS A
PRODUCT OF GENETIC ENGINEERING
TECHNOLOGIES;

d) XXXXXXXX

@) XXXXXXXX


Section 4. Additional Labeling Requirements - Article Eighty Four (84)
‘of Republic Act Seven Thousand Three Hundred Ninety Four (RA 7394).
otherwise known as the Consumers’ Act of the Philippines is hereby amended to
contain the following provision:

Art. 84. The concerned department for food
and FOOD PRODUCTS shall impose additional
labeling requirements;

a) XXXXXXXXXX

b) Whether the consumer product is NATURAL OR
UNPROCESSED, WITH GENETICALLY MODIFIED
ORGANISMS OR PROCESSED USING GENETIC
ENGINEERING TECHNOLOGIES, semi-processed,
fully processed, ready-to-cook, ready-to-eat, prepared
food or just plain mixture.

©) XXX

Section 5. Additional Duties of the Food and Drug Administration -
Section Four (4) of Republic Act Three Thousand Seven Hundred Twenty (RA
3720), otherwise known as the Food, Drug, and Cosmetic Act is hereby
amended to contain the following provision:

Section 4.
“(f) XXXXXX

(g) TO CLASSIFY GENETICALLY MODIFIED
ORGANISM PRODUCTS INCLUDING THOSE
PRODUCED BY GENETIC ENGINEERING
TECHNOLOGIES IN COMPLIANCE WITH THE
PROVISIONS OF THIS ACT.

(h) To certify batches of anti-biotic and anti-biotic
preparations in compliance with the provisions of this
Act.

Section 6. Additional Definition - Section Ten (10) of Republic Act
Three Thousand Seven Hundred Twenty (RA 3720), otherwise known as the
Food, Drug, and Cosmetic Act is hereby amended to contain the following
provision:

“() “GENETICALLY MODIFIED ORGANISM (GMO) MEANS AN
ORGANISM WHOSE GENETIC CHARACTERISTICS HAVE BEEN
ALTERED BY THE INSERTION OF A MODIFIED GENE OR A GENE


FROM ANOTHER ORGANISM USING THE TECHNIQUES OF GENETIC
ENGINEERING,

() "Label" means a display of written, printed, or graphic matter upon the
immediate container of any article and a requirement made by or under authority
of this Act that any word, statement, or other information appearing on the label
shall not be considered to be complied with unless such word, statement. or
other information also appears on the outside container or wrapper, if any there
be, of the retail package of such article, or is easily legible through the outside
container or wrapper.

Section 7. Misbranded Food - Section 15 (section 15) of Republic Act
Three Thousand Seven Hundred Twenty (RA 3720), otherwise known as the
Food, Drug, and Cosmetic Act is hereby amended to contain the following
provision:

Section 15 Misbranded Food - A food shall be
deemed misbranded:

@) XXXXXXXXXX
b) XXXXXXXXXX

¢) If it is an imitation of another food, unless its label
bears in types of uniform size and prominence, the
word “imitation” and immediately thereafter, the name
of the food imitated AND IF IT PURPORTS OR
CLAIMS TO BE A NATURALLY-GROWN FRESH
FOOD OR FOOD PRODUCT WHEN IT IS IN FACT
CONTAINING GENETICALLY MODIFIED
ORGANISMS OR IS A PRODUCT OF GENETIC
ENGINEERING TECHNOLOGIES;

d) XXXXXXXXXX

e) If in a package form unless it bears a label
containing (1) the name and place of business of the
manufacturer, packer, distributor: and (2) an accurate
statement if the quantity of the contents in terms of
weight, measure, numerical count: Provided, that the
under clause (2) of this paragraph reasonable
variations shall be permitted, and exemption as to
small packages shall be established, by regulation
prescribed by the secretary BUT NOT IN THE CASE
OF FOOD OR FOOD PRODUCTS CONTAINING
GENETICALLY-MODIFIED ORGANISMS OR


THOSE PRODUCED FROM THE GENETIC
ENGINEERING TECHNOLOGIES:

XXXKKKAKK
OOKKHKXHKK
HOOOHIKK
POOH
HOOK
OOOOH

L) IF IT BEARS OR CONTAINS ANY GENETICALLY
MODIFIED ORGANISM OR IS PRODUCED FROM
GENTIC ENGINEERING TECHNOLOGIES, UNLESS
IT BEARS LABELING STATING THAT FACT.

Section 8. Additional Duties of the National Consumer Affairs
Council - Article One Hundred Fifty-Three (153) of Republic Act Seven
Thousand Three Hundred Ninety Four (RA7394), otherwise known as the
Consumers’ Act of the Philippines Is hereby amended to contain the following
provision:

ARTICLE 153. Powers And Functions- The Council
shall have the following powers and functions:

4) XXXKXXX;
b) 2000xx;
©) XXXXXX;
d) XXXxXxx;

e) to undertake a continuing education and
information campaign to provide the consumer with,
among others:

1) Xxxxxx:
2) XH;
3) XxKKXX;

4) XXXXKX;


5) KNOWLEDGE ABOUT GENETIC MODIFICATION
OF FOODS AND OTHER PRODUCTS AS WELL AS
THE NATURE AND EXTENT OF GENETIC
ENGINEERING INCLUDING THE BENEFITS AND
DETRIMENTS THAT IT MAY CAUSE.

8) x20,

Section 9. Inapplicability of Regulations-Making Exemptions -

Due to the urgent and extreme public necessity of this Act and the need to keep
the public adequately informed and to preserve the right of consumers to choose.
The power of the Secretary to make exemptions to the regulation as specified in
the Consumer Act of the Philippines and the Food, Drug and Cosmetic Act is
hereby rendered inapplicable unless it can be shown that public order, public
health and public safety are not in jeopardy with its actual application and
implementation

Section 10. Penalties - Any person who shall violate any provision of this
Act or its implementing rules and regulations shall upon conviction be subject to
a fine of not less that Two Hundred Thousand (200,000) Pesos and
imprisonment ranging from Six Years and One day to Twelve Years or both, at
the discretion court.

In case of judicial persons, the penalty shall be imprisoned upon its
President, Manager or Head. If the offender is an alien, he shall, after payment of
fine and serving his term of conviction is deported without need of ant other
proceedings.

Section 11. Implementing Rules and Regulations - The Secretary of
the Department of Health, Department of Agriculture and the Food and Drug
Administration in consultation with the concemed business and industry
representatives, government agencies, civil society organizations, shall
promulgate the necessary regulation for the effective implementation of this Act.

Section 12. Separability Clause- if any provision of this Act or the
application thereof to any person or circumstance is held invalid, the remaining
provisions and the application of such provisions to other persons or
circumstances shall not be affected hereby.

Section 13. Effectivity Clause - This Act shall take effect fifteen (15)
days from its publication in the Official Gazette or in a newspaper of general
circulation.

Approved