EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
SENATE 
S.B. No. 1916
T»ME
NDEX
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
TO PROTECT FILIPINOS FROM THE HARMFUL EFFECTS OF TRANS-FATTY 
ACIDS, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Section 15, Articie II of the 1987 Phiiippine Constitution provides:
"The State shall protect and promote the right to health of the people 
and Instill health consciousness among them."
According to the World Health Organization (WHO), noncommunicabie diseases 
(NCDs) kiil 41 miliion peopie each year, equivaient to 71% of all deaths globally. 
NCDs are diseases of long duration and generaiiy siow progression. The four major 
types of NCDs are cardiovascular diseases (CVDs), cancer, chronic respiratory 
diseases and diabetes.
In the Phiiippines, NCDs account for 68% of ali deaths. One in every three Filipinos 
is likely to die before the age of 70 from one of the four major NCDs. 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 Phiiippines every year.
High intake of trans-fatty acids (TFA) increases the risk of death from any cause 
by 34% and CHD mortaiity and morbidity by as much as 23% and 28%, 
respectiveiy. Every year, more than half a million deaths are attributed to TFA 
globaiiy. Dubbed as the "tobacco of nutrition," TFA has no heaith benefits and is 
completely replaceable with no difference in taste or cost of food. Thus, the WHO 
pubiished the REPLACE Technical Action Package as a road map towards a trans 
fat free worid by 2023.


Partially hydrogenated oils (PHOs), the major source of TFA, have been banned In 
many countries including Denmark, Argentina, Thailand and Singapore in order to 
reduce TFA consumption. Countries that regulated TFA have seen a significant 
decline in CHD deaths. Denmark's regulation limiting TFA content to 2g per lOOg 
of fat in food products resulted in 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 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.
In addition, the WHO believes that TFA elimination is considered as one of the 
simplest and most straightforward pubiic health interventions to reduce the risk of 
CVDs and improve 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.
This bill seeks to protect all Rlipinos from the harmful effects of trans-fatty acids 
and promote a healthy lifestyle for all.
In view of the foregoing, the passage of this bili is earnestly sought.
MARIA LOURDES NAJ 0^


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
SENATE
S.B. No. 1916
DATE
TIME
NDEX
Introduced by Senator Maria Lourdes Nancy S. Binay
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AN ACT
TO PROTECT FILIPINOS FROM THE HARMFUL EFFECTS OF TRANS-FATTY 
ACIDS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembied:
Article I. General Provisions
SECTION 1. Short Titie. - This Act shaii be known as the "Trans Fat Free Philippines 
Act."
SECTION 2. Deciaration of Poiicy. - It is the policy of the State to protect and 
promote the right to health of the people and instill health consciousness among 
them. The State recognizes the right of peopie to safe and nutritious food, free 
from substances like trans-fatty acids (TFA) that increase their risk of contracting 
deadly diseases.
The State shall prioritize health promotion and preventive care as it progresses 
towards universal health care. In this regard, the State shall protect Filipinos from 
the threat of death and diseases linked to TFA consumption by progressive^ 
removing industrially-produced TFA from the food supply.
SECTION 3. Definitions of Terms. - For the purposes of this Act, the foliowing 
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.


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(b) Distributor - means any person to whom a consumer product is 
delivered or sold for purposes of distribution in commerce, but 
excluding the manufacturer or retailer of such product. Distributors 
may be importers, exporters, traders and wholesalers.
(c) 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 manufacture, 
preparation or treatment of food, such as oils and fats, whether sold 
alone or incorporated in processed food and/or prepackaged food.
(d) 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.
(e) Healthy Alternative Oils, Fats, and Oilseeds - oils, fats, and oilseeds 
rich in polyunsaturated fatty-adds or monounsaturated fatty-acids 
and with low levels of saturated fatty-acids.
(f) Importer - the consignee or the Philippine agent or representative 
of a foreign owner or consignee of raw materials, ingredients and/or 
finished products at the time of entry of such article into the 
Philippines.
(g) Industrially-Produced TFA - trans-fatty acids created as a by­
product when fats and oils are modified by the use of industrial 
processing techniques.
(h) License to Operate (LTO) - a license granted by the FDA to 
establishments involved in the manufacturing, packaging, re­
packaging, importation, exportation, distribution, and retailing of 
processed foods, drugs, medical devices, in vitro diagnostic 
reagents, cosmetics, and household hazardous substance products.
(i) Manufacturer - means any person who manufactures, assembles or 
processes food products, including any person who attaches one's 
own brand name to a consumer product manufactured, assembled, 
or processed for them. In the case of imported products, the 
manufacturer's representatives or, in their absence, the importer 
shall be deemed the manufacturer.
(j) Micro, small and medium enterprise (MSME) - any business activity 
or enterprise engaged in industry, agribusiness and/or services.


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whether single proprietorship, cooperative, partnership or 
corporation whose total assets, inclusive of those arising from loans 
but exclusive of the land on which the particular business entity's 
office, plant and equipment are situated, and must have value 
falling under the following categories: (i) Micro: not more than 
P3,000,000; (ii) Small: P3,000,001 - 15,000,000; and (iii) Medium: 
P15,000,001 - P100,000,000. The above definitions shall be subject 
to review and adjustments by the Micro, Small and Medium 
Enterprises Development (MSMED) Council under Section 6 of RA 
9501 or the Magna Carta for Micro, Small and Medium Enterprises, 
or upon recommendation of sectoral organizations concerned, 
taking into account inflation and other economic indicators.
(k) 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.
(l) Prepackaged Food - processed food prepared in advance and 
placed in a container, labelled and ready for sale or distribution, or 
for catering purposes.
(m) Processed Food - any food that has been subjected to any action 
that substantially alters the initial raw materials or product or 
ingredients.
(n) Retailer - any establishment that sells or offers to sell any food 
product directly to the general public.
(o) TFA - all fatty acids with a double bond in the trans configuration, 
regardless of whether they are produced industrially or come from 
ruminant sources.
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."
Article II. Roles and Responsibilities
SECTION 5. Lead Agency. - The Department of Health (DOH) shall be responsible 
for ensuring that the provisions of this Act are implemented. As lead agency, the 
DOH shall perform the following functions:
(a) Convene and lead the inter-agency TFA Task Force composed of the 
following agencies for the implementation of this Act:


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National Nutrition Council (NNC);
FDA;
Department of the Interior and Local Government (DILG); 
iv. Department of Trade and Industry (DTI);
V. Department of Science and Technology (DOST);
Vi. 
Department of Agriculture (DA);
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Department of Finance; and
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Other agencies identified by the DOH;
(b) Issue policies, rules, regulations and standards for the 
implementation of this Act; and
(c) Oversee and monitor the implementation of this Act.
SECTION 6. Assistance and Capacity Building for Local Implementation and 
Enforcement. - The FDA, in coordination with DILG and other relevant agencies, 
shall strengthen the capacity of local government units (LGUs) in implementing 
and enforcing the provisions of this Act with regard to prepackaged and processed 
food produced and marketed in traditional markets and food service 
establishments.
The FDA shall assist LGUs in regulating food service establishments, upon request 
of the LGU. Such assistance shall Include the use of laboratories for testing and 
sharing of information relevant to products registered with the FDA.
SECTION 7. 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


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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 8. 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 9. Trainings and Seminars on Reformulation. - The DOH, in coordination 
with FDA, DTT, DOST-Phllippine Council for Health Research and Development, 
DOST-Food and Nutrition Research Institute (DOST-FNRI), DILG, and the 
Technical Education and Skills Development Authority, shall conduct trainings and 
seminars for food business operators and food service estabiishments on the 
reformulation of food products to comply with the provisions of this Act, and the 
use of health alternatives of oils.
Article III. Prohibited Acts
SECTION 10. 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 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 lOOg.
No registration, license or permit shail be issued to any food manufacturer, 
importer or distributor that manufactures, imports, distributes, or sells food in 
violation of this provision.
SECTION 11. 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


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(c) Processed and prepackaged food with TFA content of more than 2g 
per lOOg of total fat.
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 12. Prohibition on trans fat free ciaims- Claims on the packaging, 
labelling, marketing, or advertising, that a food product is TFA free is 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 "Og Trans Fat," or any other 
similar claim.
SECTION 13. Materiai 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.
Article IV. Enforcement
SECTION 14. Enforcement agencies. - The FDA and LGUs shall be responsible for 
the enforcement of this Act with regard to the following food products:
(a) Processed and prepackaged food - The FDA shall enforce the 
provisions of this Act in relation to prepackaged and processed food 
including oils and fats, whether domestic or imported.
(b) Food produced and marketed in traditional markets and food service 
establishments - The LGUs shall enforce the provisions of this Act 
with regard to prepackaged and processed food produced and 
marketed in traditional markets and food service establishments 
within their jurisdiction.
SECTION 15. 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 
guidelines on record-keeping and inspection procedures.
SECTION 16. 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.


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SECTION 17. Enforcement for traditional markets and food service establishments. 
- LGUs, through an appropriate issuance, shall establish a mechanism to enforce 
the provisions of this Act with regard to 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 18. Civil society participation for monitoring and surveillance. - The FDA 
shall implement programs encouraging citizen participation in the conduct of post­
market monitoring and surveillance of TFA content in food and reporting violations 
of this Act. For this purpose, the FDA shall develop and publicize a web-based 
user-friendly consumer complaints portal to encourage citizen participation.
Article V. Rnes and Penalties
SECTION 19. Administrative Penalties. - The following administrative penalties 
shall be Imposed on food business operators found to be in violation of Sections 
10,11, and 12 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.
The following administrative penalties shall be imposed on food businesses 
operators found to be in violation of Section 13 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 one (1) 
year; and


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(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 20. Imprisonment - In addition to administrative penalties, the following 
penalties of imprisonment may be imposed on food business operators:
(a) For violations under Sections 10, 11, and 12, imprisonment of not 
less than one (1) month but not more than six (6) months; and
(b) For violations under Section 13, imprisonment of not less than six (6) 
months but not more than one (1) year.
Criminal and administrative actions for violations of this Act may be instituted 
separately and independently from one another. Should the offense be committed 
by a juridical person, the Chair of the Board of Directors, the President, General 
Manager, or the partners and/or the persons directly responsible therefor shall be 
penalized.
If the offender is an alien, he shall be deported after service of sentence and 
payment of fine without further deportation proceedings.
In case the violation is committed by, or in the interest of, a foreign juridical person 
duly licensed to engage in business in the Philippines, such license to engage in 
business in the Philippines shall immediately be revoked.
The above penalties shall not preclude the imposition of applicable penalties by 
LGUs, and any other sanctions under applicable laws, rules, and regulations.
SECTION 21. Other Penalties. - In addition to the foregoing fines and penalties, 
the following sanctions may also be imposed:
(a) Seizure and condemnation, destruction and/or appropriate 
disposition of noncompliant food products by the FDA; and/or
(b) Closure of establishment by the LGUs having jurisdiction.
Article VI. TFA Testing and Enforcement Capacity
SECTION 22. Accredited laboratories and testing centers. - The FDA and DTI- 
Philippine Accreditation Board (PAB) shall jointly accredit public and private


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laboratories capable of testing TFA content in food. The FDA and DTT-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 23. 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 as provided in Section 14.
SECTION 24. Resources and manpower. - The FDA shall determine and ensure the 
sufficient number of resources and manpower needed for the implementation of 
this Act.
In coordination with DOST, the FDA shali ensure that aii FDA and DOST regional 
laboratories have the equipment and resources to conduct testing of TFA content 
in food.
In coordination with relevant agencies, the FDA shall determine and ensure the 
adequacy of personnel trained on TFA regulation, testing, monitoring and 
surveillance.
SECTION 25. Duty-free importation of TFA testing equipment - The importation 
of laboratory equipment for testing TFA shail be exempt from payment of customs 
duties and taxes.
Article VII. Incentives for Replacing TFA
SECTION 26. 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 27. Expedited processing for CPR applications on reformulated products. 
- The FDA shall expedite the assessment of new CPR applications for food products 
reformulated in compliance with this Act.
Article VIII. Miscellaneous Provisions
SECTION 28. Consumer information, education and communication program. - 
The DOH, in coordination with the Philippine Information Agency, Department of 
Education, Commission on Higher Education, and Department of Information and 
Communication Technology shall develop and implement a comprehensive 
information, education and communications program to raise public awareness on


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the provisions of this Act, the health harms resulting from TFA, sources of TFA in 
the diet, and ways to replace PHOs vyith Healthy Alternative Oils, Fats, and 
Oilseeds.
SECTION 29. 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 30. 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 10 and 11 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 noncompliant food products.
SECTION 31. 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
(a) 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 32. 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.
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All fines and fees that may be collected from the enforcement of this Act shall be 
used exclusively for its implementation.
SECTION 33. Conflict of Merest - Pursuant to the fundamental objective of this 
Act to advance public health, the Implementation and enforcement of this Act and 
the development of related policies shall promote multisectoral coordination while 
safeguarding against potential conflict of interest.
SECTION 34. 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 35. Repealing Clause. - Any law, presidential decree or Issuance, 
executive order, letter of Instruction, administrative order, rule or regulation 
contrary to or inconsistent with the provisions of this Act Is hereby repealed, 
modified, or amended accordingly.
SECTION 36. Effectivity Clause. - Notwithstanding the non-issuance of the IRR, 
this Act shall take effect fifteen (15) days after its complete publication in the 
Official Gazette or in a newspaper of general circulation.
Approved,
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