Republic of the Philippines
House of Representatives
Batasan Fills, Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5388

Introduced by: Representative Florencio Gabriel G. Noel

EXPLANATORY NOTE:

The 2013 National Nutrition Survey revealed that 30.0% of 9,076 Filipino adults aged
20.0 years and above with complete socio-demographic, socio-economic, anthropometric, clinical,
and health and dietary data were overweight or obese.' This is possible due to the lack of
mindfulness of Filipinos on the nutritional content of the food they intake. In the country, it is
highly impossible to identify the nutritional value of the food being sold in restaurants because of
the absence of nutritional content in menus, which results in Filipinos lack of knowledge of the
nutritional contents they are about to consume.

‘The staggering number of obese and overweight shows how Filipinos are not made aware
of the nutritional content of the food they consume. This bill seeks to address this issue. The state
must tackle this nutritional problem by mandating all establishments selling food to post the
nutritional content of their menu.

This proposed action will allow Filipinos to be mindful of their nutritional intake and aims
to decrease number of overweight and obese people in the country.

In view of the foregoing, the passage of this bill is earnestly sought.

Florencio Gabriel “Bem’ joel
An Waray Partylist Representative

1 Factors Associated with Overweight and Obesity among Adults 20.0 Years and Over: Results from the 2013
‘National Nutrition Survey, Philippines accessed at: http://philjournalsci.dost.gov.ph/83-vol-148-no-|-march-
2019/903-factors-associated-with-overweight-and-obesity-among-adults-20-0-years-and-over-results-from-
the-2013-national-nutrition-survey-phi 2



Republic of the Philippines
House of Representatives
Batasan Hills, Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 5388

Introduced by: Representative Florencio Gabriel G. Noel

AN ACT
MANDATING THE POSTING OF NUTRITIONAL INFORMATION ON MENU
ITEMS OF FOOD SERVICE ESTABLISHMENTS,

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 "Mandatory Nutrition Labeling by Food
Service Establishments Act of 2019".

Sec. 2. Declaration of Policy. - The World Health Organization has now recognized obesity to be
epidemic. The Food and Nutrition Research Institute of the Department of Science and Technology
stated that the problem of obesity is increasing in an alarming rate in the Philippines where seven
(7) out of ten (10) women and one (1) out of ten (10) men are affected thereby. The modern
conveniences brought about by technology have encouraged decreased physical activity coupled
with an increase of unhealthy eating patterns.

Ithas always been the policy of the State to protect and promote the right to health of the
people and instill health consciousness among them. Toward this end, it is hereby declared the
policy of the State to encourage consumer education by making conveniently available nutrition
information of menu items sold by covered food service establishments.

‘Sec. 3. Definition of Terms. - As used in this Act, the following terms are
defined as follows:


a)

b)

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d

Sec. 4.
a)

b)

Covered Food Service Establishment - Any food service establishment which belong to a
group of ten (10) or more food service establishments that operate under common
ownership or are individually franchised, whether nationally or internationally, or do
business under the same name;

Menu - Is a list or pictorial display of a food item or items and their prices. This includes
take-out menus and may include promotional signages, posters, and other similar items
within the establishment, including those positioned at or prior to drive-through windows;
Menu Item - Is an individual food or beverage item, or combination of items, that is listed
or displayed on a menu board or menu, depicted on any other list of pictorial display, that
includes prices and is visible with the food service establishment; and
Department - The Department of Health

Calorie labeling. -

Calorie information for menu items. - Covered food service establishments shall post on
menu boards and menus the calorie content values (in kilocalories) of each menu item next
to the listing of said menu item. The term "calories" or "cal" shall appear as a heading
above a column listing the calorie content value of each menu item, or adjacent to the
calorie content value for each menu item, in the same or larger typeface as the calorie
content values for individual menu items.

1. Menu boards. - On menu boards, calorie content values shall be posted in a
size and typeface at least as large as the name of the menu item or price,
whichever is larger.

2. Menus. - On printed menus, calorie content values shall be legible and shall
be printed in a size and typeface at least as large as the name or price of the
menu item.

Range of calorie content values with different flavors and varieties. - For menu items that
come in different flavors and varieties but that are listed as a single menu item, the range
of calorie content values showing the minimum to maximum numbers of calories for all
flavors or varieties of that item shall be listed on menu boards and menus for each size
offered for sale.

Sec. 5. Calculation of calorie content values. - The mandated calorie count information must reflect
the standard preparation of each menu item as served to the consumer. The calorie count must be
based on a certifiable analysis of the menu item, which may include laboratory testing, use of
nutrient databases or any other reliable procedure of analysis. Calorie labels are to be rounded off
to the nearest ten (10) calories for calorie counts above fifty (50) and to the nearest five (5) calories
for calorie counts at or below fifty (50).


Sec. 6. Penalties. - The failure of any covered food service establishment to comply with the
provisions of this Act and its Implementing Rules and Regulations within one (1) year from the
effectivity hereof shall subject the same to the following penalties:

a) First (Ist) Violation - A fine of One Million Five Hundred Thousand Pesos (P1,500,000.00)
with a warning to comply with the provisions of this Act within one (1) year from the
discovery of the covered institution's failure to comply;

Second (2nd) Violation - A fine of Two Million Pesos (P2,000,000.00) with a second
warning to comply with the provisions of this Act within one (1) year from the discovery
of the covered institution's failure to comply with the first warning; and
Third (3rd) Violation - A fine of Two Million Five Hundred Thousand Pesos
(P2,500,000.00) with a final warning to comply with the provisions of this Act within one
(1) year from the discovery of the covered institution's failure to comply with the second
warning and possible revocation of business permit to operate within the concerned local
government unit.

The fines imposed under this provision shall be paid to the Department,
which shall utilize the same to initiate and execute campaigns relating to
nutrition education in public schools.

»d)

°)

Sec. 7. Implementing Rules and Regulations. - The Department, in coordination with the
Department of Interior and Local Government, Department of Finance, Bureau of Internal
Revenue, and the Department of Labor and Employment, shall issue the necessary implementing
rules and regulations within ninety (90) days from the approval of this Act.

Sec. 8. Repealing Clause. - All laws, decrees, orders, rules and regulations, or portions thereof,
inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 9. Separability Clause. - Should any part or provision of this Act be declared unconstitutional
or invalid, other parts or provisions hereof not otherwise affected thereby shall remain in full force
and effect.

Sec. 10. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.

Approved,