Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1221

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
TO PROVIDE FOR TOY SAFETY LABELING

EXPLANATORY NOTE

The Consumer Act of the Philippines or Republic Act No. 7394, in Article
80, provides for “special packaging of consumer products for the protection of
children.” In Article 7, it also provides the requirements for “labeling of consumer
products with clear and adequate safety warnings or instructions, or
requirements respecting the form of warning or instructions.”

It does not, however, 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 therefore the intent of this proposed measure to reconcile or “bridge
the gap”, so to speak, what has been provided by the law and the need to
standardize labeling requirements for certain toys and games of children

Due to the significance of this bill, its immediate passage is earnestly
sought.

[ A ,
DIOSDADO MATAPAGAL ARROYO GLORIA/MACAPAGAL ARROYO
Second District, Camarines Sur Sedbnd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1228

House’ Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

CT
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 2010."

SECTION 2. Declaration of Policy. — 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.

b. Protection against hazards and safety; and

c. Provision of adequate rights and. means of redress.

SECTION 3. Definition of Terms. — 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

b. "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.

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.

e. "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.

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:

CHOKING HAZARD

Small parts Not recommended for children under
3 years of age

5 : WARNING: |
|
|



and/or

BABALA:

MAARING MALULON

Bawal sa batang wala pang 3 taong gulang

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 bear 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.

WARNING:

CHOKING HAZARD

Children under 10 years of age ean choke
or suffocate on uninflamed balloons.
Adult supervision required
Keep uninflated balloons from children
Discard burst balloons at once.

and/or


BABALA:

MAARING MALULON

Ng batang 10 taong gulang pababa ang
walang hangin 0 pumutok na lobo
Kinakailangan ang patnubay ng nakatatanda
Mayo ang mga lobong walang hangin sa mga bata
Itapon kaagad ang pumutok na lobo

2. In the case of balls, the following cautionary statement applies:

WARNING:

CHOKING HAZARD

This toy is a small ball
Not recommended for children under 3 years of age__

and/or

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:

- /\ WARNING:

CHOKING HAZARD

This is a marble.
Not recommended for children under 3 years of age

and/or

BABALA:

MAARING MALULON

Ang laruang ito ay holen.
___Bawal sa batang wala pang 3 taong gulang

4. In the case of toys and games containing balls, the following cautionary
statement applies

/ WARNING:

CHOKING HAZARD

Toy contains a small a ball
Not recommended for children under 3 years of age

and/or



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:

- =

_ ‘ ~ WARNING:

CHOKING HAZARD

‘Toy contains marbles.
Not recommended for children under 3 years of age _

and/or

BABALA:

MAARING MALULON

May maliit na holen
Bawal sa batang wala pang 3 taong gulang

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 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:

i ‘ SAFETY WARNIN

and/or

BABALA MAG-INGAT

In the case of a product to which Section 4, paragraph 2 applies, the
statement is as follows:



WARNING:
CHOKING HAZARD

and/or

BABALA:
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 child died, suffered serious injury,
ceased breathing for any length of time, or was treated by a medical
professional

SECTION 10. Penalties. — Any person who shall violate any provision of
this Act, shall be subject to a fine of not less that ten thousand pesos
(P10,000.00) but not more than fifty thousand pesos (P50,000.00) 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.



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 shalll 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,