Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

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INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 2692

EXPLANATORY NOTE

Under this proposed measure, a Food Packaging Industry
Development and Promotion Program shall be adopted. There shall be a
comprehensive set of objectives, targets, strategies and activities for the
growth of food packaging industries, that shall resultto increased exports of
Philippine agricultural produce and processed food and other food products.

A Board, attached to the Department of Trade and Industry, will be
created. It shall set the overall direction for the implementation of the Food
Packaging Industry Development and Promotion Program

There shall be acertification of food packaging facilities. A Philippine
National Standards for food packaging shall primarily be made by the
Bureau of Philippine Standards (BPS) of the DTI. A Philippine Food
Packaging Logo shall be affixed or used after complying with set conditions.

There will be enhancement of the capabilities and global
competitiveness of food packaging products, processes and services. A
provision for and/or upgrade of necessary common service facilitiessuch as
warehouses, refrigeration facilities, and laboratory facilities and equipment,
in strategic production, processing and manufacturing areas shall be had
Designated government agencies will be mandated to promote the growth of
food packaging industries and be granted fiscal and non-fiscal incentives to
attract investments. A program to develop products and technologies and to
improve and expand the number of food packaging products, processes and
services, shall be made, with focus on environment friendly alternatives
sources as raw materials. There will also be a Food Packaging Credit and
Loan Package Program to be instituted by the Land Bank of the Philippines
(LBP), extending low interest loans to small and medium enterprises seeking
to venture into the food packaging industry

According to a report of the Philippine Statistics Authority, in
February 2017, the Philippine exports from agro-based products, amounted
to $309.51 million. This accounts for 6.5 percent share to total exports. Most
of these agro based products are food products, such as agricultural produce
and processed foods


The potential of Filipino food products for export to further grow
cannot be overemphasized. One hindrance is the food packaging industry
that needs to grow and develop faster than the food, food processing,
agriculture and allied industries. The packaging sector should meet

international market requirements, if only for our food products to gain
access to more markets abroad.

In the view of the foregoing, the passage of the bill is hereby being

eamestly sought.

ARTHUR C. YAP
Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 9692

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT
INSTITUTING THE FOOD PACKAGING INDUSTRY
DEVELOPMENT AND PROMOTION PROGRAM,
CREATING FOR THE PURPOSE THE FOOD
PACKAGING INDUSTRY DEVELOPMENT AND
PROMOTION BOARD, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
inCongress assembled.


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SECTION 1. Title. This Act shall be known as the ~Food
Packaging Industry Development and Promotion Act of 2017~

SEC. 2. Declaration of Policy.

Recognizing the significant role of
exports, especially Philippine agricultural produce,processed food and
related products, to national economic development. and the potential
contribution of the food packaging industry therein, it is hereby declared the
policy of the State to promote the yrowth and development of the food

packaging industry and ensure the integrity and quality of food packagir

materials and products, for local consumption and export, to meet the
international standards in food packaging, and to make locally produced

food packaging products and services competitive in both the local and

international markets.
SEC, 3. Definition of Terms. — As used in this Act, the following
terms shall have the following definition
(a) Accreditation refers to the procedure by which a government agency
having jurisdiction formally attests to the competence of an inspection
and/or certification body to provide inspection and certification
services;
(b) Certification refers to third party attestation of conformance tc
standards and guidelines related to products, processes, systems or
persons:

(c) Food Packaging Industry shall include plastic, paper, glass

composites, flexibles, canning, caps and closures. label printers

packaging machines. packaging designers, packing. preservation


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distribution, storage, and other related or allied industries for food
packaging
(d) Recognition refers to the acknowledgment of the validity of a

conformity assessment result provided by a person or body

SEC. 4. The Food Packaging Industry Development and Promotion
Program. — There is hereby established the Food Packaging Industry
Development and Promotion Program, which shall refer to the
comprehensive set of objectives, targets, strategies and activities for the
growth of food packaging industries resulting to increased exports of
Philippine agricultural produce and processed food and other food products

It shall include, but not be limited to. the following areas of concern
the development of food packaging manufacturing standards and practices:
the organization and development of accredited certification bodies through
among others, capacity building and the formulation and application of
internationally-accepted accreditation standards: identification and
expansion of markets for food packaging products, processes and services
forging of international and bilateral agreements especially on
harmonization of standards: compliance of producers. manufacturers, service
providers, traders and exporters to established local or international
standards; industry development and promotion. including expansion into
nonfood packaging products and services: consumer awareness and fair
trade practices: and provision of common service facilities.

SEC. 5. Creation of Food Packaging Industry Development and
Promotion Board. — To ensure the attainment of the objectives of this Act.

there is hereby created the Food Packaging Industry Development and


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Promotion Board, herein referred to as the Board. The Board shall be the
policy-making body on food packaging development and shall set the
overall direction for the implementation of the Food Packaging Industry

Development and Promotion Program. It shall be attached to the Department

of Trade and Industry

SEC. 6, Powers and Functions. ~ The Board shall have the following
powers and functions

(a) Formulate, advocate, coordinate, oversee and assess the implementation
of the Food Packaging Industry Development and Promotion Program.

(b)Direct and coordinate the development and harmonization of Philippine
National Standards for food packaging by standard setting agencies. and
monitor, through the government regulatory agencies, the application
thereof on products, processes and services:

(c) Spearhead and support the forging of international agreements. and the
recognition of accredited food packaging certification bodies in other
countries, to open new and expand existing markets for food packaging
products, processes and services,

(d) Issue the Philippine Food Packaging Logo and the guidelines on the
proper use thereof: Provided, That the use of logos of certification bodies
on certified products, processes and services shall be without
prejudice: Provided, further, That all other government agencies are
prohibited to issue a logo and require the use of such logo as proof of
compliance to a standard or regulation as food packaging: Provided,

finally, That the use of logos previously issued by government agencies


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involved in food packaging development and promotion is hereby

disallowed:

and support the establishment of a single umbrella
organization of food packaging certification bodies. which can be tapped
by standard setting and regulatory agencies to assist in the development
and in monitoring the application of internationally-accepted food
packaging certification standards:

(f) Promulgate policies and guidelines as necessary or proper for the
accomplishment of the objectives of this Act, including the Board’s

operation:

(g) Create technical panels, working groups. or task forces that will assist the
Board in the performance of its functions;

(h) Investigate and make recommendations on complaints. controversies. or
disputes arising out of the implementation or enforcement of standards.
guidelines, rules and procedures adopted to promote and develop food
packaging industries. the export of food products and the provision of
food packaging processes and services:

(1) Request the assistance and cooperation of any department, bureau. office.
agency or instrumentality of the government, or private entities and
organizations in the implementation of its functions and the attainment of
the objectives of this Act, including the carrying out of recommendations
as a result of investigations and studies made pursuant to paragraphs (g)
and (h) hereof, and

(j) Perform such other powers and functions as may be prescribed by law. or

may be necessary, incidental, or proper to its mandate


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SEC. 7. Composition of the Board. ~ The Board shall be composed
of:

a) The Secretary of the Department of Trade and Industry (DTI) as

Chairperson:

b) The Secretary of the Department of Agriculture (DA) as Vice

Chairperson

c) The Secretary of the Department of Health (DOH);
d) The Secretary of the Department of Science and Technology (DOST).
e) One representative from the private sector as appointed by the

President and nominated by business organizations in the Philippines

from the agricultural produce. food products and/orfood packaging

industry.

The ex officio members of the Food packaging Board may designate
their respective alternates who shall be at least Bureau Director in rank and
their acts shall be considered the acts of their principals.

SEC. 8. Secretariat of the Board.— The DTI Secretary. as
Chairperson of the Board, shall establish an interagency secretariat from the
different bureaus of the DTI concerned with agricultural produce, food
products and/or food packaging export development, the DA. the DOH and
the DOST. The Secretariat shall be headed by the Director of the Export
Marketing Bureau. For this purpose. the Export Marketing Bureau shal! be
strengthened and is hereby authorized to create a section that will serve as
the nucleus of the Secretariat of the Board

The Secretaries of the DA, the DOH and the DOST shall assign

technical staff of their offices as staff of the Secretariat. Other member


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agencies shall provide additional staff support upon the determination of the
necessity by the Chairperson and conformity of the Board.

SEC. 9. Accreditation of Food Packaging Certification Bodies. — As
the agency mandated to handle the accreditation of certification bodies.
inspection bodies, and testing and calibration laboratories. the Philippine
Accreditation Bureau (PAB) is hereby empowered to: (a) formulate
accreditation policies and guidelines which shall govern the accreditation of
food packaging certification bodies: and (b) grant or deny accreditation of
food packaging certification bodies and suspend or withdraw such
accreditation in accordance with established policies and guidelines.

In the formulation of accreditation policies and guidelines, and in the
performance of its accreditation function, the PAB shall consult and. when
necessary, collaborate with the Board, its member agencies, and agricultural
produce, food products and/or food packaging industry stakeholders

SEC. 10. Philippine National Standards for Food Packaging. — The
development of Philippine National Standards for food packaging shall be

the mandate of the Bureau of Philippine Standards (BPS) under the DTI

Other products. processes and services that would necessitate the
development of the corresponding Philippine National Standards not
covered by the BPS shall be under the specific mandates of the Bureau of
Agriculture and Fisheries Standards (BAFS) of the DA: Food and Drug
Administration (FDA) and the Bureau of Food and Drugs of the DOH; or as
may be assigned by the Board to appropriate government agencies.

SEC. 11. Export and Trade Regulation of Food Packaging

Products, Processes and Services. — (he following conditions shall apply in


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the export and trade of agricultural produce and food products using food

packaging products, processes and services

(a)

(b)

(c)

(d)

All Philippine agricultural produce and food products products that
will be exported using food packaging, and processes and services
whose outputs or benefits shall accrue or flow within or outside of the
Philippine territory. shall (i) undergo certification from an accredited
food packaging certification body. (ii) comply with the appropriate
Philippine National Standards for food packaging as developed. or
with international or foreign standards recognized. by standard
setting agencies identified or mandated under Section 10 of this Act
and (iii) be registered with the national regulatory agency concerned

The Philippine Food Packaging Logo, with the permission of the
relevant regulatory agency. shall be affixed or used by producers
manufacturers, processors, traders, exporters, and service providers
on their products, packaging. letterheads, brochures. leaflets and
other forms of media after complying with the conditions set in
paragraph (a) hereof:

Food packaging certification of products. processes and services for
domestic consumption or use is voluntary on the part of the producer
manufacturer, trader. retailer, or service provider; and

Producers, manufacturers, traders, retailers, and service providers
catering the domestic market and have undergone voluntary
certification from accredited food packaging certification bodies may
apply and be granted permission to use the Philippine Food

Packag

Logo on their products, establishments, or facilities

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SEC. 12. Export Promotion.— The DTI, particularly the Export
Marketing Bureau, in coordination with the DA, the DOST and the DOH
and other concerned government agencies. shall enhance the capabilities and
global competitiveness of existing and potential exporters of agricultural
produce, food products using food packaging products. processes and
services, through business matching: provision of trade and market
information; organization of trade fairs and business missions; conduct of
seminars, workshops, conferences and symposium on export-related
subjects. including export documentation and procedures: product design
and development; market consultancy: and product consultancy

To assist exporters find new and expand existing markets for
agricultural produce and food products using Philippine food packaging
products, the DTI and the DA shall task their Foreign Trade Service Corps
and Foreign Agriculture Service Corps, respectively, to conduct commercial
intelligence works and marketing activities. In addition, the DTI, together
with the Department of Foreign Affairs shall pursue the recognition of
accredited food packaging certification bodies and certified food packaging
products, processes and services by accreditation and certification bodies of
other countries.

SEC. 13. Infrastructure Support and Incentives. — Vo enhance the
growth of food packaging industries and assist farmers and producers in
complying with the relevant food packaging standards, the government
especially the DA, shall provide and/or upgrade necessary common service

facilities such as slaughterhouses, warehouses, refrigeration facilities. and

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laboratory facilities and equipment. in strategic production. processing and
manufacturing areas
The Board of Investments, the Philippine Economic Zone Authority,
and other investment promotion agencies are hereby mandated to promote
the growth of food packaging industries in the different economic zones and
strategic locations in the country. They shall, as their charters allow, grant
fiscal and non-fiscal incentives to attract investments in pioneering and
essential industries to increase exports of Food packaging products or as raw
materials or ingredients in the production of Food packaging products
SEC. 14. Institutional and Human Resource Development. — The DTI
the DA, the DOH, the DOST, the Commission on Higher Education
(CHED), the Technical Education and Skills Development Authority
(TESDA),. state universities and colleges (SUCs), certification bodies. the
private sector, and Muslim Filipino organizations shall establish and
implement an institutional and human resource development program for
food packaging industry development which shall include, but not limited to
(a) Capacity building for producers, manufacturers and processors to
enable them to comply with certification standards. including
knowledge on facilities upgrading and retrofitting, adoption of
accepted manufacturing practices, product and packaging
development. marketing and product distribution, and business
enterprise development:
(b) Skills trainings for Food packaging industry workers, farmers.
fishermen, and producers to actively contribute in productivity, the

practice of good agricultural, animal husbandry and manufacturing

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practices, and compliance to food safety, health, hygiene and
sanitation standards:

(c) Scholarship program for the underprivileged but deserving college
and post graduate students who are taking up courses in relevant field
of disciplines in SUCs which have programs in agriculture and
fisheries; and for technical- vocational courses for farmers. fishermen.
farm technicians, and skilled workers in processing and
manufacturing plants producing or providing Food packaging
products, processes and services:

(d) Formulation and implementation of competency standards and
training regulations for technical-vocational education and training
for the Food packaging industry by the TESDA; and

(e) Upgrading of facilities, faculty development and strengthening of the
on-the-job training program of higher education institutions in Food
packaging technology and standards towards the build-up of
competent graduates needed by Food packaging industries.

SEC. 15. Research, Development and Extension (RDE). — (he Board. in
coordination with the DTI, the DA, the DOH, the DOST, the CHED, SUCs
the Food and Nutrition Research Institute (FNRI), the Bureau of Agricultural
Synthesis under the DA, the Philippine National Food Packaging Laboratory
and Science Center under the DOST. and private organizations. shall
formulate and implement a national research, development and extension
program to develop, propagate. or commercialize products and technologies
and to improve and expand the number of food packaging products.

processes and services.


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There shall be focus on the conduct of extensive research and
development study on the structure, durability, usage, efficiency,
environment friendly alternatives sources as raw materials of packaging,
container, and products of similar nature in order to develop the same and
ensure its compliance with internationally accepted standards on food and
safety, and promotion of greener and environment friendly raw materials for
the production of the same.

SUCS with the capability to support RDE for food pa

kaging shall be
identified and assisted by the CHED, in coordination with the DOST. the
DA, the DTI and the DOH, the private sector to become centers of
development and excellence in food packaging

The DOST shall upgrade the capability of the BPS, the FDA, the
BAFS, other regulatory agencies, food packaging certification bodies
producers, manufacturers and service providers in ensuring integrity and
compliance to standards by imparting scientific and technical knowledge on
Food packaging standards and in conducting laboratory analyses through its
Philippine National Food Packaging Laboratory and Science Center

SEC. 16. Applicability of Fair Trade, Consumer Protection and
Copyright Laws and Regulatory Agency Charters. The relevant
provisions of fair trade, consumer protection and copyright laws, and their
implementing rules or orders, as well as the charters of regulatory and
standard setting agencies shall be applied in the implementation of this Act
to ensure compliance with Philippine National Standards on Food Packaging

and the use of the Philippine Food Packaging Logo. Nothing herein shall be


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construed as limiting any department. agency or bureau from imposing
applying or enforcing the necessary fines and penalties under these laws
The appropriate agencies of the DTI, the DA, the DOST and the DOH

shall conduct consumer protection and advocacy p

ams to create
awareness among consumers on Food packaging products, processes and
services, and enable them to determine and complain unfair trade practices

SEC 17. Product Container and Packaging Credit and Loan
Package Program. — The Land Bank of the Philippines (LBP) is hereby
mandated to formulate a Product Container and Packaging Credit and Loan
Package Program, which shall extended low interest loans to small and
medium enterprises seeking to venture into the food packaging industry.

Within six (6) months from the date of effectivity of this Act, the LBP
is mandated to formulate the necessary guideless, procedures, and the
requirements for the various stakeholders to avail of the Program as
provided in the section.

SEC. 18. Authority to Receive Donations and/or Grants. ~ ‘he
Board is hereby authorized to accept grants, contributions, endowments.
bequests, from local and foreign sources in support of the development and
growth of Philippine food packaging industries, including the development
of Philippine National Standards for Food Packaging. institutional
development of certification bodies. producers, manufacturers and service
providers, and consumer advocacy campaigns: Provided, That — such
donations shall not be used to fund personal services and other operating

expenses of the Board


SEC. 19. Appropriations. ~ The amount necessary for the initial

implementation of this Act shall be charged against the current

appropriations of the DTI. Thereafter, such amount as may be necessary for

the continuous operation of the Food packaging Board and the

implementation of the Program shall be included in the annual General
Appropriations Act

SEC. 20. Implementing Rules and Regulations, The Board. in
consultation with the DTI, DOH, DOST, and agricultural produce, food
products and/or food packaging industry stakeholders. shall issue the
implementing rules and regulations of this Act within ninety (90) days
starting from the effectivity of this Act

SEC. 21. Repealing Clause. — All laws, decrees, executive orders and
rules and regulations or part or parts thereof inconsistent with any provision
of this Act are hereby repealed, modified or amended accordingly

SEC. 22. Separability Clause. — \f any provision of this Act is
declared unconstitutional, the validity of the remaining provisions hereof
shall remain in full force and effect

SEC. 23. Effectivity.

~ This Act shall take effect fifteen (15) days

after its publication in the Official Gazeue or in a newspaper of general

circulation

APPROVED.