, 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
> 
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ih) 
Third Regular Session 
SENATE 
S,No, 2905 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING THE PRODUCTION, IMPORTATION, 
OR SALE OF CAFFEINATED MALT BEVERAGES 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
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<I P 3 :46 
The State shall protect and promote the right to health of the people 
and instill health consciousness among them, 
Flavored malt drinks that have caffeine as well as alcohol are fast becoming 
popular. This permits its consumers to keep drinking longer and later than they would 
normally be able to in their inebriated states. Young drinkers in particular like these 
drinks, and over recenT months, several of them have ended up in emergency rooms with 
high levels of alcohol poisoning. 
The Executive Director of Campus Health Services at UNC-Chapel Hill, Mary 
Covington, while talking about the beverage stated that the mixing of caffeine and 
alcohol can result in an increased dehydrating effect, which can be extremely dangerous 
for the health. While talking about the negative effect of caffeine in the drink, Covington 
stated that the caffeine gave a sedative effect to the situation. So, as people did not 
realize, how much they were drinking, they ended up drinking more than they could 
handle. 


This bill prohibits caffeinated malt beverage from being imported, produced, 
manufactured, distributed, or sold at any retail outlet. 1 
~ 
&.v....-)~ 
MIRIAM DEFE~SOR SANTL.iJO 
,3f 
1 This bill was originally filed during the Fifteenth Congress, Second Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
"15 
AUG Hl P 3 :46 
SENATE 
S.No. 
2905 
------------------------------------------------------
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING THE PRODUCTION, IMPORTATION, 
OR SALE OF CAFFEINATED MALT BEVERAGES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Caffeinated Malt 
2 
Beverages Act." 
3 
SECTION 2. Declaration of Policy. - It is the policy of the State to protect and 
4 
promote the right to health of the people and instill health consciousness among them. It 
5 
is also the policy of the State to promote and protect the physical, moral, spiritual, 
6 
intellectual and social well-being of the youth recognizing their vital role in nation-
7 
building. 
8 
SECTION 3. Definitions. -- As used in this Act, the term "caffeinated malt 
9 
beverage" means a drink that is either: 
1 0 
(1) a beverage that contains at least one half percent alcohol by volume 
11 
produced by a brewer which is infused with caffeine or other stimulants, including, but 
12 
not limited to, guarana, ginseng, and taurine; or 
13 
(2) a beverage that contains at least one half percent alcohol by volume that is 
14 
treated by processing, filtration, or another method of manufacture that is not generally 
15 
recognized as a traditional process in the production of beer to which is added a flavor or 
1 
-0-
> 


other ingredient containing alcohol, except for a hop extract and is infused with caffeine 
2 
or other stimulants, including, but not limited to, guarana, ginseng, and taurine. 
3 
SECTION 4. Ban on CajJeinated Malt Beverages. ~ No catleinaled malt beverage 
4 
shall be imported, produced, manufactured, distributed, or sold at any retail outlet. 
5 
SECTION 5. Lead Agency for the Enforcement of this Act. ~ Thc Burcau of Food 
6 
and Drugs (BFAD) of the Department of Health shall administer and enforce the 
7 
provisions of this Act and shall promulgate the rules and regulations necessary to ensure 
8 
effective administration and enforcement. 
9 
SECTION 6. Penalties. ~ Any person or business entity that violates any provision 
10 
of this Act shall be guilty of an infraction and, upon a finding of such violation by the 
11 
BFAD, shall be subject to the revocation of their license and the administrative 
12 
assessment of civil penalties. 
13 
SECTION 7. Separability Clause. ~ If any provision of this Act is held invalid or 
14 
unconstitutional, the same shall not atIect the validity and effectivity of the other 
15 
provisions hereof. 
16 
SECTION 8. Repealing Clause. ~ All laws, decrees, orders, and issuances, or 
17 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
18 
repealed, amended or modified accordingly. 
19 
SECTION 9. EjJectivity Clause. ~ This Act shall take effect fifteen (15) days after 
20 
its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
/fldp 18Aug20 15 
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