Republic of the Philippines j
HOUSE OF REPRESENTATIVES | *
Diliman, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1870...

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO I

EXPLANATORY NOTE

This bill seeks to prohibit the storage, distribution and use of trans fatty acids
in the preparation of food, drinks and beverages in restaurants, food chains and other
similar food service facilities or establishments, including manufacturers of food
products, This re-filed bill is originally HB 218 in the 15'* Congress and was referred to
the Committee on Trade and Industry.

The use of trans fat in food production and preparation has become a world
menace today. According to medical experts, the excessive intake of trans fat by more
than 0.5 % every day is fatal and does not only cause serious heart ailments and diabetes
in adults but also causes obesity, hypertension, heart diseases and exposure to the 2
types of diabetes in children who are very fond of patronizing fast-food chain meals
containing trans fat (such as French fries, fried chicken, cookies, pop corns, processed
junk foods, pastries among others).

The phase-out of trans fat is immediate and must not be put off since a great
number of Filipinos are now fond of fast-food meals.

It will not be difficult to shift to alternative ingredients that are now available in
the market to substitute trans fat without sacrificing taste nor increasing cost of
production.

Our 1987 Constitution (Art 2, sec. 15) mandates us to protect and promote the
right of the people and instill health consciousness among them.

Some food providers and food chains have started the campaign but we need to
institutionalize in order for other food providers and food chains to follow suit.

The immediate passage of this bill is earnestly sought in order to stop the
upsurge of heart ailments.

iGGOL T. GUNIGUNDO I


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1870

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDO I

AN ACT
PROHIBITING THE STORAGE, DISTRIBUTION AND USE
OF ARTIFICIAL TRANS FAT IN THE PREPARATION OF FOOD BY
FOOD SERVICE FACILITIES OR FOOD SERVICE ESTABLISHMENTS
AND MANUFACTURERS AND TO MANDATE THE FOOD SERVICE
FACILITIES OR FOOD SERVICE ESTABLISHMENTS TO MAINTAIN ON
SITE THE ORIGINAL LABELS FOR ALL FOOD PRODUCTS OR
DOCUMENTS INSTEAD OF LABEL AND THE SUBMISSION OF
DOCUMENT FOR FOODS THAT ARE NOT LABELED, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives in
Congress assembled:

SECTION 1, Short Title ~ This act shall be known as the “Trans Fat Prohibition
Act of 2013”.

SECTION 2. Declaration of Policy — It is the policy of the State, to protect and
promote the health of the people consistent with the Constitution. Towards this end,
the State shall provide measures in order to prevent the high risk of acquiring heart
related diseases by banning the use of trans fatty acids in all manufactured foods and in
preparation of food sold in food establishments.

SECTION 3. Definition of Terms

a. “Artificial Trans fat” - refers to an unsaturated or fatty acid that is produced by
the partial hydrogenation of plant oils and that contain 1 or more instances of
atoms bonded in a trans configuration.

But for purposes of this Act, a food shall be deemed to contain trans fat if
the food is labeled as, list as an ingredient, or has “shortening”, margarine, or any
kind of “partially hydrogenated’ vegetable oil. However, a food whose nutrition
facts label or other documentation from the manufacturer lists the trans fat
content of the food as less than 0.5 grams per serving shall not be deemed to
contain artificial trans fat.

b. “Natural Trans Fat" refers to Conjugated Lionelic Acid (CLA) and Vaccenic
Acid, originate in rumen of animals. It is present mostly in meat and dairy foods,
such as milk, yogurt and cheese.


Trans Fat/Trans Fatty Acids” ~ refers to a fatty acid that has been produced by

hydrogenating an unsaturated fatty acid (and so changing its shape); found in
processed foods such as margarine and fried foods and puddings and
commercially baked goods and partially hydrogenated vegetable oils.

|. “Food Service Facility” refers to a place where food or drink is prepared for sale

or service on the premises or elsewhere or any operation where food is served to
or provided for the public, with or without charge.

.. “Food Service Establishments” — refers to a food facility or food processing plant.

“Manufacturer” ~ refers to a person or organization involved in food production.

. “Board” -refers to the board created under this act, which is composed of

members from the Department of Health (DOH), Bureau of Food and Drugs
(BFAD) and Department of Trade and Industry (DTD.

SECTION 4. Unlawful Act- It shall be unlawful for Food Service Facilities
(FSF’s)/Food Service Establishments (FSE’s) and manufacturers to use trans fat in the
preparation of food for storage, distribution or for selling.

(a)

(b)

‘AININ¢ ‘TIFICIAL TRANS FAT

Artificial trans fat restricted. No foods containing artificial trans fat, as defined
in this Act, shall be stored, distributed, held for service, used in preparation of
any menu item, or served in any food service establishment except food that is
being served directly to patrons in a manufacturer's original sealed package.

LABELS REQUIRED.

(@) Original labels. Food service establishments licensed under this Act
shall maintain on site the original labels for all food products:

(A) that are, or that contain, fats, oils, or shortenings; and

(B) that are, when purchased by such food service establishments,
required to have labels; and

(C) _ that are currently being stored, distributed, held for service,
used in preparation of any menu items, or served by the food
service establishment.

(2) Documentation instead of labels. Documentation acceptable to the board,
from the manufacturers of such food products, indicating whether the food
products contain vegetable shortening, margarine, or any kind of partially
hydrogenated vegetable oil, or indicating trans fat content, may be
maintained instead of original labels.

(3) Documentation required when food products are_not labeled. If baked
goods, or other food products that contain fats, oils, or shortenings, are

not required to be labeled when purchased, food service establishments
and mobile food commissaries shall obtain and maintain documentation
acceptable to the board from the manufacturers of the food products,
indicating whether the food products contain vegetable shortening,
margarine, or any kind of partially hydrogenated vegetable oil, or
indicating trans fat content.

SECTION 5. Creation of Board ~ There shall be a board composed of the members of
the Department of Health (DOH), Bureau of Food and Drugs (BEAD) and Department
of Trade and Industry (DTD).


SECTION 6. Duties of the Board — The board shall be responsible:
a) To conduct information drive and lectures regarding trans fat awareness;
b) To conduct inspection to FSF, FSE and Manufacturer's plants;

©) To require the FSF, FSE and Manufacturers to submit their document
which consist the ingredients of the manufactured food (if the food cannot
be labeled or opted to submit document instead of labeling the product).

SECTION 7. Implementing Rules and Regulations. —The Department of Health
(DOH) in coordination with the Bureau of Food and Drugs (BFAD) and Department of

Trade and Industry (DTI), issue the necessary rules and regulations for the effective
implementation of this Act not later than three (3) months from the effectivity of this
law subject to the approval of the Committee on Health.

SECTION 8. Penal Provisions, - The following penalties shall apply:

a) On the first offense, any person or any business entity or establishment storing
or using trans fat in preparation of their food products that they serve and sold to
public consumers shall be fined the amount of not more than Three hundred
thousand pesos (Php300,000.00) or imprisonment of not more than one (1)
year, or both, at the discretion of the court shall be imposed.

b) On the second offense, a fine of Four hundred thousand pesos
(Php400,000.00) or imprisonment of not more than two (2) years, or both, at the
discretion of the court shall be imposed.

On the third offense, in addition to a fine of not more than Five Hundred
thousand pesos (Php500,000.00) or imprisonment of not more than three (3)
years, or both at the discretion of the court, the business permits and licenses, in
the case of a business entity or establishment shall be revoked or cancelled.

©)

If the violator is a business entity or establishment, the owner, president,
manager, or the most senior officers thereof shall be liable for the offense.

If the guilty officer is an alien, he shall summarily be deported after serving his
sentence and shall be forever barred from re-entering from the Philippines.

SECTION 9. Appropriations - The amount necessary to carry out the provisions of this
Act shall be included in the Annual General Appropriations Act of the year following its
enactment into law.

SECTION 10. Separability Clause = If any portion or provision of this Act is declared
void or unconstitutional, the remaining portions or provisions thereof shall not be
affected by such declaration.

SECTION 11. Repealing Clause - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this act are hereby
repealed or modified accordingly.

SECTION 12. Effectivity Clause ~ This Act shall take effect fifteen days (15) days after

its publication either in the Official Gazette or in at least two (2) newspapers of general
circulation.

APPROVED,