Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 83686

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT TO BE KNOWN AS “THE PHILIPPINE GENETICALLY MODIFIED
ORGANISN (GMO) LABELING ACT, THE RIGHT-TO-KNOW-ACT”
REQUIRING THE MANDATORY LABELING AND REGULATION OF FOOD
WHICH ARE GMOs OR CONTAINING SUBSTANCES DERIVED FROM GMOs
AND THOSE PRODUCED BY GENETIC ENGINEERING TECHNOLOGIES,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

It is a Constitutional guaranty that the State shall protect and promote
the health of the people, instill among them a consciousness about healthy
living, and ensure that every citizen lives in a balanced and healthful ecology in
accord with the rhythm and harmony of nature.

Over the last decade, there is a growing concern about the possible
health hazards from genetically modified crops and its derivatives that are
directly and indirectly consumed by people as food and beverage. In the
Philippines, local ordinances banning the planting of Genetically Modified
Organisms (GMOs) like in Bohol, Mindoro, Benguet, Negros, have been enacted
after the local government saw the possible negative effects of GMOs on the
environment and on the health of the people.

Internationally, a number of nations, more particularly those from the
European Union, has banned or restricted the planting and the entry of
genetically modified organisms (GMOs) into their food system. To date, 64
countries around the world have imposed mandatory labeling of food and
beverages that contain ingredients from GMO crops. GMO corn, soya, canola,
and their derivatives, among other GMO crops, are used as feeds for livestock
or ingredients for processed foods, and eventually become an integral
component of processed and fresh food for human consumption.

It is thus imperative to address the dangers brought about by GMOs
through appropriate regulation, awareness campaign, and mandatory labeling
of food and beverages and from where and how they have been derived to
assure safety in public’s consumption as mandated by Section 12, Article XIII
of the Constitution, to wit:


“The State shall establish and maintain an effective food and drug
regulatory system and undertake appropriate health, manpower
development, and research, responsive to the country’s health needs and
problems.”

Hence, the filing of this urgent health measure is earnestly sought.

GLORIAMACAPAGAL ARROYO
Second istrict, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill'No. 36 8 6

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT TO BE KNOWN AS “THE PHILIPPINE GENETICALLY MODIFIED
ORGANISN (GMO) LABELING ACT, THE RIGHT-TO-KNOW-ACT”
REQUIRING THE MANDATORY LABELING AND REGULATION OF FOOD
WHICH ARE GMOs OR CONTAINING SUBSTANCES DERIVED FROM GMOs
AND THOSE PRODUCED BY GENETIC ENGINEERING TECHNOLOGIES,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

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
PHILIPPINE GMO LABELING AND REGULATION ACT, THE RIGHT-TO-
KNOW ACT OF 2016”

SECTION 2. Declaration of Policy - It is hereby declared that the State
shall protect and promote the right to health of the people and instill health
consciousness among them. It shall also protect and advance the right of the
people to a balanced and healthy ecology, as it is the duty of the State to
inform and warn the people of the health and environmental risks of
Genetically Modified Organisms or GMOs.

‘The State further guarantees the establishment and maintenance of an
effective food and drug regulatory system and undertaking the appropriate
health, manpower development, and research, responsive to the country’s
health needs and problems,

To this end, the State recognizes the rights of the consumers and general
public on their right to know whether the food, food products and their
derivatives (processed or not) and agricultural products like rice, corn and
vegetables, among others, contain genetically modified organisms (GMOs) or
are produced by genetic engineering technologies (GET). Thus, the State shall
endeavor to provide Filipinos with safe and healthy food and agricultural
products that will not jeopardize their health and place the environment at risk
as a result of developments in food manufacturing that utilizes the process and
products of genetic engineering technologies through an efficient and effective
regulation and labeling.



b)

4)

5)

SECTION 3. Definition of Terms.

Genetically Modified Organism (GMO) - Living organisms whose genetic
make-up were manipulated in a laboratory by non-natural means such as
genetic engineering technologies in order to incorporate genes from different
species that normally will not reproduce with each other. An example of this
is a corn plant whose genes were inserted with a gene from a bacterium
such as the Bacillus thuringiensis or Bt that acts as a pesticide to kill corn
borers.

Genetic Engineering (GE) -- The process of inserting a foreign gene into a
host organism to achieve a trait not normally held by that organism, such
as the ability to produce its own pesticides, or to be immune to certain
herbicides.

Genetically Modified Food (GM Food) ~ Processed food that contain GMOs,
or products derived from them, fresh meat and edible plants that are
modified through genetic engineering.

Genetically Modified Crops (GM Crops) ~ Refer to agricultural crops like, but
not limited to Bt Corn, Round Up-Ready (RR) soya, RR canola, Bt cotton,
etc., which contain genes of other organisms inserted in their own genes
thru genetic engineering.

Genetically Modified Feed (GM Feed) ~ Any agricultural crop like corn, soya,
etc, that are genetically modified and used as feed for the livestock industry

Livestock - Any animal, bird, fish, etc, that are raised as an industry for
human consumption.

Derivative - Refers to products derived from processing GMO crops, such as
but not limited to, extracts, oil, syrup, powder, flour, etc.

Food - In addition to Republic Act 9711 or the Food and Drug
Administration Act of 2009’s definition of food, it is any natural and
processed food intended for human consumption that includes agricultural
crops like rice, corn, vegetables, among others; beverages, whether natural
or processed; and any substance, whether natural or processed which has
been used as an ingredient in the manufacture, preparation or treatment of
food.

Processed Food - Any food that has undergone any procedure that has
changed it and made it different from its natural state. Examples of these
procedures are preserving, packaging, irradiation, pasteurization, fortifying,
genetically modifying, etc.

‘Threshold Level -- the percentage limit of traceable GMO contained in all
food, crops, feeds and derivatives

SECTION 4. Coverage and Scope ~ The following persons, whether

natural or juridical, are covered by this Act:

a. Any person who are involved in the development, production
and/or sale of GMO agricultural crops, GMO marine products
and other unnatural substances obtained by genetic


engineering technologies, as defined by this Act, that are
intended for propagation and commercialization;

b. Any person who are involved in the propagation, planting,
marketing and/or sale of the items, in whole or in part, as
stated in Section 4.a. and defined by this Act;

c. Any person who are involved in the manufacture and processing
of derivatives, as defined by this Act, that are sourced from the
items as stated in Section 4.a. and defined by this Act;

d. Any person who are involved in the marketing and sale of
derivatives, as defined by this Act;

e. Any person who are involved in the production, marketing,
distribution and/or sale of food and beverage that are sourced
from the items as stated in Section 4.a. and defined by this Act;
and

f. Any person who are involved in importing or bringing in
Genetically Modified food, crops, animals, feeds and derivatives,
as defined by this Act, into the Philippines

SECTION 5. Mandatory Labeling of Food, Food Products and their
Derivatives and Agricultural Products like rice, corn and vegetables,
among others, that contain GMOs. — All food, food products that have been
processed and their derivatives and agricultural products like rice, corn and
vegetables, among others, containing genetically modified organisms or GMOs,
as well as those produced by genetic engineering technologies shall be labeled
in accordance with the provisions of this Act and the existing regulations
issued by the Department of Health through the Food and Drug Administration
(FDA).

a. For the regulation and mandatory labeling of processed food
and beverages containing GMO as defined by this Act, the
Department of Health, through the FDA, will be the
implementing agency;

b. For the regulation and mandatory labeling of genetically
modified crops, livestock and marine products, some of which
have been specifically approved by Philippine government in the
past for commercialization in the Philippines, and as defined by
this Act, the Department of Agriculture, in collaboration with
the FDA, will be the implementing agency;

c. “THIS PRODUCT CONTAINS GENETICALLY MODIFIED
ORGANISM” or “THIS PRODUCT CONTAINS GMO” shall be
permanently printed as a stand-alone, conspicuous label in the
front and back sides of the general packaging materials like
boxes, sacks, etc., containing the bulk of the food, beverages
and all other items, and individual packaging materials of the
items as proportioned by the producer, The size of the printed
label shall not be less than five (5) percent of the total volume
area of the container;


d. In the case of GMO agricultural crops, livestock and marine
products, as defined by this Act whose cultivation /propagation
is ongoing, the same label as stated by Section 5, subsection ¢
of this Act shall be printed on the front side of a tag, banner, or
any other medium where the label can be printed. The size of
the tag, or a corresponding combination of number and volume
thereof, shall not be less than one-half (0.5) square meter per
hectare of the total area of the cultivation/propagation. The size
of the tag shall also be same even if the area is less than one (1)
hectare. The size of the label on the tag shall not be less than
forty percent of the size of the tag;

e. In the case of GMO agricultural crops, livestock and marine
products, as defined by this Act, that are retailed and displayed
as a mass -- like rice, corn, soya beans, vegetables, fish, meat,
etc. ~ the same label as mandated by Section 5, subsection c of
this Act shall be printed on a tag that will correspondingly
identify the specific item being sold; and

f. The labeling line shall be as follows:

1) The producers of seeds for GMO crops shall label their
products so that the farmers will be informe

2) Farmers who plant GMO crops shall tag their fields and label
their containers so that their buyers will be informed;

3) Buyers of GMO crops, who will sell the same as a mass
product, should tag and label so that the consuming public
will be informed;

4) Buyers and processors of GMO crops for the production of
derivatives as defined by this Act shall label their products
so that their food and beverage-processor buyers will be
informed;

5) Food and beverage processors who use GMO crop derivatives
as defined by this Act shall label their products so that the
consuming public will be informed; and

6) Importers of GMO-containing processed or whole food into
the Philippines, including derivatives, all defined by this Act,
shall secure prior clearance from the Authority created by
this Act for the effective administration of the labeling
mandate of this Act.

SECTION 6. Threshold level -- The tolerance level is nine-tenth (0.9)
percent, Above the threshold level, a food is regarded as genetically modified.
Hence, must be properly labeled. The threshold of nine-tenth (0.9) percent still
allows for some unintended contamination of food with GM ingredients.

SECTION 7. Institutional Mechanism - There is hereby created an
office to be called the GMO CROP, FOOD AND BEVERAGE LABELING
COUNCIL (COUNCIL) that will be attached to the Department of Health, thru
the FDA, and chaired by the same agency. With the mandate to oversee and
coordinate the implementation of this Act, supervise the Authority, the
institution of a continuous information and education campaign on GMOs to
be led and undertaken by its sectoral members and propose policies to
Congress for the improvement of this Act, the Council shall be composed by the
following:


Food and Drug Administration Head - Ex-Officio Chairman
Department of Agriculture ~ Ex-Officio

Department of Trade and Industry ~ Ex-Officio

Department of Environment and Natural Resources ~ Ex-Officio
‘Two (2) representatives Academic Sector ~ Members

Two (2) representatives Consumer Sector - Members.

‘Two (2) representatives Peasant Sector ~ Members

‘Two (2) representatives Health Advocacy Sector - Members

Two (2) representatives Business Sector ~ Members

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The sectoral members of the Council shall be selected by the FDA through a
nomination process from the respective sector.

SECTION 8. ACCREDITATION OF SCIENTIFIC LABORATORIES ~ All
scientific laboratories operating in the Philippines, as well as those located
abroad, shall secure prior accreditation to be recognized as lawful and
competent entities that are able to conduct analyses of GMO presence in food,
beverages and other items as defined by this Act.

SECTION 9. GMO Crop, Food and Beverage Labeling and Regulation
Authority (Authority) ~ There is hereby created an office to be called the GMO
CROP, FOOD AND BEVERAGE LABELING AND REGULATION AUTHORITY
that will be attached to the Department of Health, thru the FDA.

a) Functions:

1. Even without prior notice, to visit within the Philippines the
offices, facilities, or farms, etc., of all the entities involved in
all the articles defined and cited by this Act;

2. To enlist and secure the assistance of any government
agency, including the police, in the performance of its
functions;

3. After due process, to establish the evidence and culpability
of the violators of this Act;

4. With warranted evidence, to file the case against the
violators before the court of law;

5. To conduct motu propio investigations against violators;

6. To act immediately on all verified reports of violations;

7. To issue subpoena duces tecum and ad testificandum to any
parties in the complaint;

8. To conduct regular research on GMOs and track the uses of
the same in the food chain;

9. To maintain a database of its research and other documents,
It shall post in its website all the labeled articles in the
Philippines by virtue of this Act. It shall also post all the
articles and products all over the world that are equally
labeled, including the identification and tracking of
derivatives of GMO crops as defined by this Act;

10. After due process, to collect all the imposable penalties
and fines from the violators;
11. To regulate and approve all the applications for the

label as defined and mandated by this Act. The label
becomes lawful when it is accompanied by the logo of this
Authority;

12. To validate the label annually from the date of
approval;


13. To collect a nominal fee annually for the application,
processing, validation, approval and administration of the
label. The fee shall be determined and approved by the
Council;

14, Prior to importation, to verify and impose a clearing
mechanism on all processed and whole food importations
into the Philippines and collect a nominal fee therefor. The
fee shall be determined and approved by the Council;

15. To accredit scientific laboratories and collect a nominal fee
therefrom. The fee shall be determined and approved by the
Council; and

16, To acquire the necessary competence by hiring expertise
and purchasing scientific equipment to ascertain the
presence of GMO in alll the products and articles as defined
by this Act. This shall be determined and approved by the
Council.

b) Officers, staff and domicile:

1. The Authority will be headed by a Director, The Director
reports directly to the head of the FDA, who is also the chair
of the Council;

2. The Authority shall have an Assistant Director, who reports
directly to the Director, to act as the officer-in-charge in the
absence or incapacity of the Director;

3, The salaries of the Director and Assistant Director shall be
commensurate to the promulgated rates for civil service;

4, The employment of the Director and Assistant Director shall
be processed, scrutinized and recommended for approval by
the Council, The Secretary of Health shall approve the said
recommended employment and administer the oath of office;

5, The Authority shall have an initial three (3) administrative
staff. Upon justification for any additional staff at any given
time, the Council will process, scrutinize and approve the
same; and

6. The office of the Authority shall be located in FDA.

SECTION 10. Inapplicability of Regulation-Making Exemptions. - Due
to the urgent and extreme public necessity and the need to keep the public
adequately protected and to preserve the right of the consumers to choose, the
power of the Secretaries of Trade and Industry, and Health to make exemptions
to the regulations as specified in the Consumer Act of the Philippines and the
FDA Act is hereby rendered inapplicable unless it can be shown that public
order, public health and public safety are not placed in jeopardy with its
exemption, actual application and implementation:

SECTION 11. Penalties. -Any person who knowingly distribute GMO
plants, food, food products and their derivatives and agricultural products
such as rice, corn and vegetables, among others, containing or derived from
GMOs without the proper label shall be subject to a fine per improper label of
not less than five hundred thousand pesos (P500,000.00) and imprisonment
ranging from six years and one day to twelve years and/or revocation of license
to operate upon the discretion of the court.

SECTION 12. Funding - For the effective implementation of this Act,
there is hereby appropriated an initial fund of ten million pesos (Php


10,000,000.00) for the administration and operation of the Council and the
Authority, of which the Council shall be funded with two million pesos (Php
2,000,000.00) and the rest consists the fund for the Authority.

‘The total initial fund of ten million pesos (Php 10,000,000.00) shared by the
Council and Authority, which shall be rated by future Congressional
appropriations at twenty percent (20%) for the Council and eighty percent
(80%) for the Authority, shall be sourced initially, during the first fiscal year of
the effectivity of this Act, from the funds of the Department of Health and
Department of Agriculture at five million pesos (Php 5,000,000.00) each.

The succeeding, combined funding requirement of the Council and Authority,
rated at 20:80 percent, respectively, shall be determined and approved by the
Council, The two bodies shall submit to Congress their budget proposals for
final approval and appropriation.

To augment the funds of the Council and Authority for the purpose of
implementing this Act, the monetary penalties, imposable fees and all other
monies and resources collected by the Authority shall always remain in the
coffers of the respective bodies for the sole purpose of the effective
implementation of this Act. The accruing funds, including the annual
appropriated budget therefor, shall build the competency, capability and
efficiency of the Council and Authority in the implementation of this Act.

And where the two bodies have sufficiently generated their own funds,
determined through annual audited reports to Congress, they shall
momentarily cease from proposing for appropriated funds until their own funds
can last.

SECTION 13. Implementing Rules and Regulations. - The Council and
the Authority, with the participation of the appropriate government agency and
in consultation with the concerned business and industry representatives,
government agencies, civil society organizations and peopie’s organizations,
shall promulgate the necessary regulations for the effective implementation of
this Act within six (6) months from the date of the passage of this Act.

SECTION 14, Repealing Clause. ~ All laws, decrees, orders, rules and
regulations, policies, programs or parts thereof, that are inconsistent with any
of the provisions of this Act, are hereby repealed, amended or modified
accordingly.

SECTION 15. Separability Clause. ~ If for any reason, any section or
provisions of this Act is declared to be unconstitutional or invalid, the other
sections or provisions hereof, which are not affected hereby, shall continue in
full force and effect.

SECTION 16, Effectivity. - This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in two (2) newspaper of
general circulation.

Approved,