THIRTEENTH CONGRESS OF THE 
1 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
SENATE 
940 
S. B. No. 
Introduced by SENATOR JINGGOY P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Consumer Act of the Philippines Republic Act No. 7394 provides: 
“Article 80. Special Packaging of Consumer Products for the Protection of 
the Children. The concerned department may establish standards for the special 
packaging of any consumer product if it finds that: 
a) 
the degree or the nature of the hazard to children in the availability 
of such product, by reason of its packaging is such that special 
packaging is required to protect children from serious personal 
injury or serious illness resulting from handling and use of such 
product.” 
This Act also recognizes the need to provide the requirements for labelling of 
consumer products, thus; 
“Article 7. Promulgating and Adoption of Consumer Products Standards. 
b) 
requirements that a consumer product be marked with or 
accompanied by clear and adequate safety warning or instructions, 
or requirements respecting the form of warning or  instruction^.^' 
However, it does not provide the requirements for special labelling 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 labelling requirements for certain toys and games for children. 
The immediate passage of this bill is earnestly solicited. 
. EJERCITO ESTRADA 
Senator 


. -  
THIRTEENTH CONGRESS OF THE 
First Regular Session 
Republic of the Philippines 
SENATE 
. 
948 
S. No. 
* 
* I  I
.
 
*I.' 
Introduced by SENATOR JINGGOY P. EJERCITO ESTRADA 
AN ACT 
TO PROVIDE FOR TOY SAFETY LABELING 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Toy Safety Labelling 
Act". 
SEC. 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 
SEC 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, 
c) 
"Label, labelling" 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 
identity, 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. 
SEC 4. Toy Labelling Requirements. - The packaging of any toy or game 
intended for use by children who are less than ten (1 0) 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: 
Not recommended for children under 3 years 
andlor 
I 
A 
BABALA: 
- 
I 
MAARING MALULON - Maliliit na bahagi 
Bawal sa batang wala pang edad na 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 bear or contain the cautionary statements as follows: 
In the case of balloons, or toys or games that contain latex balloons, the following 
cautionary statement applies. 


A WARNING: 
CHOKING HAZARD - Children under 10 yrs 
can choke or suffocate on uninflated broken 
balloons 
Adult Supervision required. 
Keep uninflated balloons from children. 
Discard broken balloons at once. , 
and/or 
A 
BABALA: 
- 
MAARING MALULON ng batang may edad na 
10 pababa ang lobong walang hangin o ang 
sirang lobo. 
Kinakailangan ang patnubay ng nakatatanda. 
Ilayo ang mga lobong walang hangin sa mga bata. 
Itapon kaagad ang mga sirang lobo. 
In the case of balls, the following cautionary statement applies: 
CHOKING HAZARD - This toy is a small ball. 
Not recommended for children under 3 yrs. 
And/or 
A BABALA: 
4
.
 \ 
MAARING MALULON- Maliit na bola 
Bawal sa bittang wala pang edad na 3. 


In the case of marbles, the following cautionary statement applies: 
I 
CHOKING HAZARD - This is a marble 
Not recommended for children under 3 yrs. 
and/or 
MAARING MALULON- Ang laruang ito ay 
holen 
Bawal ang batanga wala pang edad na 3. 
In the case of balls, the following cautionary statement applies: 
CHOKING HAZARD - Toy contains a small 
ball 
Not recommended for children under 3 y s .  
andlor 
Bawal sa batang wala pang edad a 3. 


In the case of marbles, the following cautionary statement applies: 
CHOKING HAZARD - Toy contains marbles 
Not recommended for children under 3 yrs. 
and/or 
MAARING MALULON- May maliliit na holen 
Bawal sa batang wala pang edad na 3. 
$EC 5. General Labelling 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 labelling. 
SEC 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. 
SEC 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 I applies, the statement is as 
follows: 
SAFETY WARNING: 
And/or 


BABALA NG PAG-IINGAT 
A 
I -  
In the case of a product to which Section 4, paragraph 2 applies, the statement is 
as follows: 
WARNING: 
A CHOKING HAZARD 
And/or 
BABALA: 
A MAARING MALULON 
SEC 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. 
SEC 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. 
SEC 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 (P 10,000.00) 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. 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. 


SEC. 1 1. Regulations. - The Department Of Trade and Industry shall promulgate 
regulations for the implementation of this Act in accordance with the provisions of RA 
7394 oq 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. 
SEC 12. Grace Period. - Manufacturers, retailers, distributors, and importers are 
given one (1) year grace period to comply with theses requirements reckoned from the 
effectivity of this Act. 
SEC 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. 
SEC 14. Repealing Clause. - Any law, presidential decree, or issuance, executive 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SEC 15. Effectivity Clause. - This Act shall take effect fifteen (1 5) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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