Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
Noncommunicable diseases (NCDs) kill 41 million people each year,
contributing to about 71% of all deaths globally. In the Philippines, NCDs
account for 68% of all deaths. One in every three Filipinos is likely to die before
the age of 70 from one of the four major NCDs – cardiovascular diseases
(CVDs), cancer, diabetes, or chronic respiratory diseases. CVDs, particularly
coronary
heart
disease
(CHD),
account
for
nearly
half
of
the
world’s
NCD-related deaths and claim around 70,000 lives in the Philippines every
year.
High intake of trans-fatty acids (TFA) increases the risk of death from
any cause by 34% and CHD mortality and morbidity by as much as 23% and
28%, respectively. Every year, more than half a million deaths are attributed to
TFA globally. Dubbed the “tobacco of nutrition,” TFA has no health benefits
and is completely replaceable with no difference in taste or cost of food. Thus,
the WHO published the REPLACE Technical Action Package as a road map
towards a trans-fat-free world by 2023.
Denmark, Argentina, Thailand, and Singapore have introduced policies
to limit TFA consumption by banning partially hydrogenated oils (PHOs), the
major source of TFA, and/or limiting TFA content in food. Countries that
regulated TFA have seen a significant decline in CHD deaths. Denmark’s
regulation limiting TFA content to 2g per 100g of fat in food products
contributed to a 75% reduction in CHD- related deaths. In Argentina, an
estimated 301 to 1,517 cardiac deaths every year were averted by eliminating
industrially-produced TFA, saving the government as much as USD 87 million
in healthcare costs annually.
The importance of addressing the problem of CHDs and CVDs as a whole
has never been more pronounced than during this COVID-19 pandemic where
September 2, 2022
8:00 am
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patients with comorbidities, such as CHD, have a higher risk of serious illness
or death. As of June 8, 2020, 49% of COVID-19 deaths in the Philippines had
comorbidities. Now more than ever, the need for preventative health care and
healthy lifestyle promotion must be realized in line with the vision of universal
health care.
According to the WHO, TFA elimination is considered one of the simplest
and most straightforward public health interventions to reduce the risk of
CVDs and improve the nutritional quality of diets. As more countries regulate
TFA, countries without regulations become vulnerable to dumping of TFA-rich
imported food. Thus, it becomes even more urgent to join the global movement
to become TFA-free by 2023 by passing this bill now. Together, let us protect all
Filipinos from the harmful effects of TFA and promote healthy hearts for all.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
TO PROTECT FILIPINOS FROM THE HARMFUL EFFECTS OF
TRANS-FATTY ACIDS, AND FOR OTHER PURPOSES
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 “Trans-Fat Free
Philippines Act”.
SECTION 2. Declaration of Policy – It is the policy of the State to protect
and promote the Filipinos’ right to health and instill health consciousness
among them. The State recognizes the right of people to safe and nutritious
food, free from substances like trans-fatty acids (TFA) that increase their risk of
contracting deadly diseases.
In this regard, the State shall protect Filipinos from the threat of death
and diseases linked to TFA consumption by removing industrially produced
TFA from the food supply.
SECTION 3. Definition of Terms – For the purposes of this Act, the
following terms shall be defined as follows:
a) Certificate of Product Registration (CPR) – an authorization issued
by the Food and Drug Authority (FDA) for specific health products
including
food,
after
evaluation
and
approval
of
submitted
registration requirements.
b) Food – any substance or product, whether processed, partially
processed
or
unprocessed
that
is
intended
for
human
consumption. It includes drinks, chewing gum, water, and other
substances that were used as an ingredient or a component in the
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manufacture, preparation, or treatment of food, such as oils and
fats, whether sold alone or incorporated in processed food and/or
prepackaged food.
c) Food
Service
Establishment
–
means
any establishment that
prepares, serves, markets, sells, or offers for sale, food or drink to
be consumed within the establishment or taken out
d) LTO - license to operate
e) Partially
Hydrogenated
Oil
(PHO)
–
fat or oil that has been
hydrogenated, but not to complete or near complete saturation,
and with an iodine value greater than 4, as determined by a
method that is suitable for this analysis.
f)
Prepackaged Food – processed food prepared in advance and
placed in a container, labeled and ready for sale or distribution, or
for catering purposes.
g) Processed Food – any food that has been subjected to any action
that substantially alters the initial raw materials or product or
ingredients.
h) TFA– all fatty acids with a double bond in the trans configuration,
or are produced as a by-product when fats and oils are modified
using industrial processing techniques.
SECTION 4. Scope and Application – This Act shall apply to all food
business operators as defined under Republic Act No. 10611 or the “Food
Safety Act.”
SECTION 5. Prohibition On The Manufacture, Importation, Distribution,
And
Sale
Of
PHOs And Oils And Fats With High TFA
Content.
–
The
manufacture,
importation,
distribution,
and
sale
of
the
following
are
prohibited:
a) PHOs to be consumed alone or used in the preparation of food
products;
b) Oils and fats made or blended with PHOs; and
c) Oils and fats with TFA content of more than 2g per 100g, excluding
TFA content from ruminant sources.
No
registration,
license,
or
permit
shall
be
issued
to
any
food
manufacturer, importer, or distributor that manufactures, imports, distributes
or sells food in violation of this provision.
SECTION 6. Prohibition on the Manufacture, Importation, Distribution, and
Sale of Processed and Prepackaged Food with PHOs and High TFA Content. –
The manufacture, importation, distribution, and sale of the following are
prohibited:


a) Processed and prepackaged food prepared with PHOs, including
food prepared by food service establishments;
b) Processed and prepackaged food prepared with oils and fats made
or blended with PHOs, including food prepared by food service
establishments; and
c) Processed and prepackaged food with TFA content of more than 2g
per
100g
of
total
fat,
excluding TFA content from ruminant
sources.
No
registration,
license,
or
permit
shall
be
issued
to
any
food
manufacturer, importer, or distributor for any processed or prepackaged food
manufactured, imported, distributed, or sold in violation of this provision.
SECTION 7. Prohibition on Trans Fat-Free Claims. – Claims on the
packaging, labeling, marketing, or advertising, that a food product is TFA free
shall be prohibited. A TFA-free claim is any claim that states or suggests that
the food product does not contain TFA, such as “Trans Fat-Free,” with “0g
Trans Fat,” or any other similar claim.
SECTION
8.
Material
Misrepresentation.
–
Any
material
misrepresentation with regard to the requirements mandated by the FDA in the
application for a CPR shall be a ground for the imposition of appropriate
penalties prescribed under this Act. For purposes of this Act, there is material
misrepresentation when the applicant makes a false representation of a
material fact in the application for a CPR, tending directly to induce the FDA to
grant the application when otherwise it will be denied.
SECTION 9. Assistance and Capacity Building For Local Implementation
And Enforcement. – The FDA shall strengthen the capacity of local government
units (LGUs) in enforcing the provisions of this Act. It shall assist LGUs in
regulating
prepackaged
and
processed
food
produced
and
marketed
in
traditional markets and food service establishments.
Such assistance shall include the use of laboratories for testing and
sharing of information relevant to products registered with the FDA.
SECTION 10. Research and Development. – The DOST shall:
a) Conduct
continuing
research
to
identify
and develop healthy
alternative oils and food products such as:
i. Healthy alternative oilseeds through crop diversification
programs and agricultural research, in coordination with the
DA;
ii.
Healthy
oils
and fats through the application of oil
modification techniques and other methods; and


iii. Healthy food products through product reformulation,
research, and development; and
b) In coordination with the FDA, develop or adopt technology to
reduce the cost of TFA testing.
SECTION 11. Oilseeds Crop Diversification. – The DA shall implement an
oilseeds crop diversification program and conduct continuing research and
development to support the production of healthy alternative oilseeds in
coordination with DOST.
SECTION 12. Training and Seminars on Reformulation. – The DOH, in
coordination with FDA, DTI Philippine Trade Training Center (PTTC), DOST
Philippine Council for Health Research and Development (DOST-PCHRD),
DOST-Food and Nutrition Research Institute (DOST-FNRI), DILG, and the
Technical Education and Skills Development Authority (TESDA), shall conduct
training
and
seminars
for
food
business
operators
and
food
service
establishments on the reformulation of food products to comply with the
provisions of this Act, and the use of healthy alternatives of oils as determined
by the DOH and DOST.
SECTION 13. Inspection Powers and Record-Keeping. – The FDA, through
its authorized agents, shall have the power to inspect the premises and records
of food manufacturers to determine compliance with this Act. The FDA shall
issue inspection procedures and guidelines on record-keeping.
SECTION 14. Enforcement Procedure For Processed and Prepackaged
Food. – The existing rules of procedure in administrative proceedings of the
FDA shall apply in the handling of cases and violations committed under this
Act with regard to processed and prepackaged food.
SECTION 15. Enforcement For Traditional Markets and Food Service
Establishments. – LGUs, through an appropriate issuance, shall establish a
mechanism to enforce the provisions of this Act on prepackaged and processed
food
produced
and
marketed
in
traditional
markets
and
food
service
establishments
within
their
jurisdiction
and
shall
impose
penalties
for
violations thereof.
SECTION 16. Administrative Penalties. – The following administrative
penalties shall be imposed on food business operators found to be in violation
of Sections 5, 6, and 7 of this Act:
a) For the first violation, a fine of not less than Fifty Thousand Pesos
(P50,000.00) but not more than One Hundred Thousand Pesos
(P100,000.00) and suspension of the CPR and/or LTO for one (1)
month;


b) For the second violation, a fine of not less than One Hundred
Thousand Pesos (P100,000.00) but not more than Two Hundred
Thousand Pesos (P200,000.00) and suspension of CPR and/or LTO
for three (3) months; and
c) For the third violation, a fine of not less than Two Hundred
Thousand Pesos (P200,000.00) but not more than Three Hundred
Thousand Pesos (P300,000.00). Suspension of CPR and/or LTO for
one (1) year or revocation of the CPR, LTO, and other relevant
licenses and permits.
d) Further violation of Sections 5, 6, or 7 of this Act shall warrant the
automatic
revocation
of
the
operator’s
CPR,
LTO,
and
other
relevant licenses and permits.
The
following
administrative
penalties
shall
be
imposed
on
food
businesses operators found to be in violation of Section 8 of this Act:
a) For the first violation, a fine of not less than One Hundred
Thousand Pesos (P100,000.00) but not more than Two Hundred
Thousand Pesos (P200,000.00) and suspension of the CPR and/or
LTO for one (1) year; and
b) For the second violation, a fine of not less than Two Hundred
Thousand pesos (P200,000.00) but not more than Three Hundred
Thousand Pesos (P300,000.00) and revocation of CPR and/or LTO.
The imposition of fines shall take into consideration the annual gross
sales, capital investment, and employee size of the food business operator.
SECTION 17. Other Penalties. – In addition to the foregoing fines and
penalties, the following sanctions may also be imposed:
a) Seizure and condemnation, destruction, recall and/or appropriate
disposition of non-compliant food products by the FDA as provided
under their mandate; and/or
b) Closure of establishment by the LGUs having jurisdiction.
SECTION 18. Accredited Laboratories and Testing Centers. – In addition
to existing testing laboratories, the FDA and DTI-Philippine Accreditation
Board (PAB) shall jointly accredit public and private laboratories capable of
testing TFA content in food. The FDA and DTI-PAB shall develop, issue, and
publish accreditation procedures and qualification requirements for testing
facilities within six (6) months from the effectivity of this Act. The FDA shall
adopt
mechanisms
to
reduce
the
cost
of
TFA
testing
in
all
accredited
laboratories and testing centers.


SECTION 19. Regional Laboratories and Testing Centers. – Regional
laboratories and testing centers shall assist LGUs in monitoring and enforcing
the provisions of this Act within their respective jurisdictions.
SECTION 20. Resources and Manpower. – The FDA shall determine and
ensure the sufficient number of resources and manpower needed for the
implementation of this Act.
a) In coordination with DOST, the FDA shall ensure that all FDA and
DOST regional laboratories have the equipment and resources to
conduct testing of TFA content in food.
b) In coordination with relevant agencies, the FDA shall determine
and ensure the adequacy of personnel trained on TFA regulation,
testing, monitoring, and surveillance.
SECTION 21. Duty-free importation of TFA Testing Equipment. – The
importation of laboratory equipment for testing TFA shall be exempt from
payment of customs duties and taxes.
SECTION 22. Early Compliance Incentives for MSMEs. – The DTI and
LGUs, through its business process and licensing offices, shall develop and
implement policies and programs providing incentives for MSMEs to encourage
early voluntary compliance with this Act.
SECTION
23.
Consumer
Information,
Education and Communication
Program. – The DOH, in coordination with the Philippine Information Agency,
shall
develop
and
implement
comprehensive information, education, and
communications program to raise public awareness on the provisions of this
Act, the health harms resulting from TFA, sources of TFA in the diet, and ways
to replace PHOs with healthy alternative oils and fats.
SECTION 24. Implementing Rules and Regulations. – Within sixty (60)
days
from
the effectivity of this Act, the DOH shall develop and issue
implementing rules and regulations (IRR) of this Act in consultation with NNC,
FDA, DILG, DTI, DOST, DA, and other relevant government agencies and
stakeholders.
SECTION 25. Transitory Provisions. – Within two (2) years from the
effectivity of this Act:
a) Food
manufacturers
and
importers
shall
comply
with
the
additional requirements for CPR application as determined by the
FDA; and
b) Food business operators shall be allowed to sell their existing food
products that do not comply with Sections 5 and 6 of this Act.


All manufacturers, importers, distributors, and retailers of oils and fats,
and food service establishments shall be required to submit their existing
inventory of food products as of the date of effectivity of this Act to the FDA and
DTI. Food business operators shall submit their inventory within sixty (60)
days from the effectivity of the IRR of this Act to monitor the phase-out of
non-compliant food products.
SECTION 26. Monitoring and evaluation. – The DOH shall periodically
report
to
the
President
and
the
Congressional
Committees
on
Health,
Agriculture and Food, and Trade and Industry on the implementation of this
Act. The DOH shall, in coordination with DOST-FNRI, further monitor and
evaluate the following:
a) TFA exposure screening and surveillance – The DOST-FNRI shall
include the regular screening and monitoring of TFA population
consumption in the Expanded National Nutrition Survey; and
b) TFA nutrient profiling – The DOST-FNRI shall include the testing
and monitoring of TFA content in food in the Food Composition
Table and Food Composition Databases.
SECTION 27. Appropriations and Use of Fees, Charges, and Penalties. –
The initial amount necessary for the implementation of this Act shall be
charged against the current appropriation of all concerned agencies. Such
funds necessary for the continued implementation of this Act shall be included
in the annual General Appropriations Act.
All fines and fees that may be collected from the enforcement of this Act
shall be used exclusively for its implementation.
SECTION 28. 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
29.
Repealing
Clause.
–
Except
as
otherwise
expressly
provided in this Act, all other laws, decrees, executive orders, proclamations,
and administrative regulations or parts thereof inconsistent herewith are
hereby repealed or modified accordingly.
SECTION 30. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation.
Approved,