Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5247

HOUSE BILL No.

Introduced by Representatives
‘TEDDY A. CASINO, IMELDA QUIBRANZA DIMAPORO,
ROBERT RAYMUND M. ESTRELLA, FLORENCIO T. FLORES, JR.
RAFAEL V, MARIANO, EMMANUEL D. PACQUIAG

EXPLANATORY NOTE

‘This bill seeks to uphold the Filipino consumers’ rights to be informed of the contents of
what they are buying and eating, This right to an informed choice will only be possible if proper
labeling is present in food products, particulatly those containing or have undergone genetic
modification.

Genetic engineering in food crops is relatively new. However, there have been many cases
discovered which should tell us that genetically modified products could seriously harm human
beings and the environment. Several studies abroad have saised the problems of toxicity, allergy and
environmental damage. Cases of contamination of crops have also been recorded in farms here in
the Philippines adjacent to those saising genetically engineered crops. The scientific community is
divided between those who think genetcally-modified organisms are safe for human consumption
while another camp is claiming that there is oot enough proof (© say that genetically-modified
organisms pose no risk to health and environment. As long as there is no general consensus yet as to
the hatmlessness and safery of genetically-modified organisms, it is best to take the precautionary
Principle in dealing with these genetically-modified organisins. The country has no strict regulations
nor advanced technology to deal with che genetically-modified organisms’ impact on the consuming
public.

Republic Act No. 7394, or the Consumer Act of the Philippines, states that it is the policy of
the State “ to protect the interests of the consumer, promote his general welfare and to establish
standards of conduct for business and industry.” RA No. 7394 further states that, “provision of
information and education to facilitate sound choice and the proper exercise of rights by the
consumer” shall be implemented by the State


We cannot underestimate the known and suspected environmental and health risks inherent
in genetically-modified organisms to embrace the uaptoven technology of genetic engineering.
Other countries in the world have acted dhrough legislation to protect their citizens and
environment from the threat of genetically engineered crops and food. Clearly, we rust do the
same. While waiting for stricter segulations on the enay of patented genetically-modified genes and
food products in the Philippines, we must make sure that consumers are not exposed to the possible
sisks by untested technology

Thus, carly approval of this bill is earnestly sought.
Approved,

who
DY A. CASINO

Bayan Muna Party-List

IMELDA DIMAPORO
Ist District- Ianao del Norte

‘OBERT RAYMUND M;
Abono Party-Li

FLO} 10 T. FEQRES, JR. Loceak LP
2nd District —

Bukidsion Anakpawis Party-List

EMMANUEL D. PACQUIAO
Lone District: Saranggani


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5247

HOUSE BILL No.

Introduced by Representatives
TEDDY A. CASINO, IMELDA QUIBRANZA DIMAPORO,
ROBERT RAYMUND M. ESTRELLA, FLORENCIO . FLORES, JR.
RAFAEL V. MARIANO, EMMANUEL D, PACQUIAO

AN ACT
REQUIRING THE MANDATORY LABELING OF FOOD AND FOOD PRODUCTS
CONTAINING GENETICALLY-MODIFIED ORGANISMS

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

SECTION L Short Title. This Act shall be known as “Genetically-Modified (GM) Food
Labeling Act of 2011.”

SEC. 2. Declaration of Policy. \t is the policy of the State to protect the interests of the
sonsumer, promote his general welfare and to establish standards of conduct for business and
industry as stated in In Republic Act 7394 or the Consumer Act of the Philippines. Towards this
end, rhe State shall implement measures to achieve the following objectives: a) protection against
hazards to health and safety; ) protection against deceptive, unfair and unconscionable sales acts
and practices; c) provision of information and education to facilitate sound choice and the proper
exercise of rights by the consumer; and d) provision of adequate rights and means of redress.
Likewise, the Constitution provides that the State shall “protect and promote the right to health of
the people and instill health consciousness among them.”

It is hereby declared the policy of the State that consumers have the right to know the
materials with which their food is produced. Proper and instructive labeling of food products allows
consumers 10 evaluate consumption tisks and have informed choice when purchasing these
products.

SEC. 3. Mandatory Labeling Requirement. All food and food products comining
genetically-modified organises, as well as those produced by genetic engineering technologies, shall


be labeled in accordance with the provisions of this Act. For this purpose, Article 84 of RA 7394,
otherwise known as the Consumers’ Act of the Philippines, is hereby amended as follows:

“Acticle #4, Additional Labeling Requirements for Food. ~ The following additional labeling
requirements shall be imposed by the concerned department for food:

a) expiry or expiration date, where applicable;

b) whether the consumer product is semi-processed, fully processed, ready-to-cook, ready-
to-eat, prepared food or just plain mixture;

©) nutritive value, if any;
4) whether the ingredients use are natural or synthetic, as the case may be;
©) whether the product or any of the ingredients are genetically-engineered;

All food and food products domestically sold, whether manufactured locally
or imported, and which contain genetically-modified organisms, including
those produced by genetic engineering technologies; shall indicate in their
respective labels of packaging the notice, THIS PRODUCT CONTAINS
GENETICALLY-MODIFIED ORGANISMS, OR WAS PRODUCED WITH
GENETICALLY-ENGINEERED MATERIAL. GMO CODE #HHHH? The
notice must be clearly legible and conspicuous and shall indicate the source
of the foreign gene spliced and/or the genetic engineering process used on
the food or food product concerned.

9 {e)] such other labeling requirements as the concerned department may dees necessary
and reasonable.

For purposes of the above sub-section, the following definitions shall apply:

“(1) ‘genetic engineering’, also called genctic modification, is the direct human manipulation
of an organism's genome using modern DNA technology. It involves the introduction
of foreign DNA or synthetic genes into the organism;

“(2) ‘genctically-modified organism’ (GMO) - means an organism, with the exception of
human beings, in which the genetic material has been altered in a way that does aot
occur naturally by mating and/or nacural recombination;

“@) ‘genetically modified food’ means food fom crops ot livestock containing and
consisting of GMOs or have undergone genetic engineering,

“() ‘genetically modified food products’ means food which have undergone a
manufacturing process and which contain ingredients containing, consisting of or
produced from GMOs;

“(8) ‘GMO identification code’ (GMO 1D) - a simple numeric of alpha-numeric code wich

serves to identify the type of genetically-modified material present in the food or food
products;


“(© ‘ingredien? shall mean any substance, including additives, used in the manufacture or
preparation of a foodstuff and still present in the finished product, even if in altered
form.

SEC. 4. Misbranding of Food and Food Products. All food and food products which do
not comply with the provisions of this Act shall be considered as misbranded. For this purpose,
Section 15 of RA 3720. otherwise known as the Food, Drugs and Drug Devices, and Cosmetic Act.
is hereby amended by adding the following subsections:

“Section 15. A food shall be deemed to be misbranded:
(@) [fits labeling is false or misleading in any particular;

XXxXx

@ IE it purports or claims to be naturally-grown food or food product when it
fact it contains genetically-modified organism or is product of genetic
engineering technology;

(m) If it contains any genetically-modified organism or is a product of genetic
engineering, unless it bears labeling stating this fact pursuant tw the
Provisions of R.A. 7394, as amended; and

(a) The provisions in Section 15(e)(2) of this Act shall in no case apply to food
and food products containing genetically-modified organisms, including
those produced with genetic engineering technologies.”

SEC. 5. Genetically Modified Organism (GMO) Traceability. \n order to facilitate the
monitoring of genetically-modified crops and livestock as they are transported from the farm to the
markers, the Department of Agriculture, through its plant and animal bureaus, shall devise a system
for identifying the type of genetically-modified material introduced on the crops and livestock. This
genetically-modified organism identification code (GMO ID) must be unique and specific to each
wpe of genetically-moxtified material. GMO ID shall be made publicly available in order for
consumers to identify the type of genetically-modified material contained ia their food.

AU genetically-modified crops or livestock in the market, particularly those sold in bulk, shall
have transmission information in writing which states

(a) that the product contains GMOs
(b} the GMO ID code

The GMO ID sball be present in all stages of production and should be on the label of the
product sold to consumers.

SEC. 6. Genetically-Moditied Organism (GMO) Threshold for alt foods and food
products. Presence of trace amounts of genetically-modified organisms in non-GMO food and
Tixnt products is technically unavoidable. It is therefore necessary to fix a threshold of the amount
of genetically modified matetial content in the food and food-products purporting to be produced
or sourced from non-GM crops or livestock. Food and food products found to contain genetically.


modified material above Zeto Point Nine Percent (0.9%) shall bear the label as indicated in Section
3 of this Act.

SEC. 7. Inapplicability of Provisions on Regulations-Making Exceptions. The power
of the Secretaty of Health to make exemptions from the rules and regulations implementing R.A.
7394 and R.A. 3720, shall in no case apply to food or food products containing genetically-modified
organism, including those produced using genetic engineering technologies.

SEC. 8. Jaformation-Dissemination, The Department of Health (DOH), through the
Food and Drugs Administration (FDA), shall cause to be disseminated to the general public all
available information conceming food and food products containing genctically-modified organism,
including those produced using genetic engineering technologies.

SEC. 9. Lmportation of Offer of Information of Food and Food Products Containing
Genetically. Modified Organisms or Produced Using the Genetic Fagineering
Technologies. The provisions of Section 30 of R.A. 3720, as amended, sball apply to all
importation or offers of importation of food and food products containing genetically modified
organism, inchiding those produced using genetic enginecring technologies.

SEC. 10. Food and Food Products Already on the Market. All food and food products
containing genetically-modified organism, including those produced using genetic engineering
technologies, already on the market at the effectivity date of this Act which have aot yet complied
with the provisions hereof, shall so comply with the mandatory labeling requirement in Section 3 of
this Act within a period of one (1) year from the date of effectivity of this Act

SEC. 11. Penal Provisions. Without prejudice to any civil action for damages that may be
instinted by any private offended party, any person who shall violate the provisions of this Act or
its implementing rules and regulations shall, upon conviction, be subject to imprisonment of not less
than six (6) months and one day but not more than six (6) years, ot a fine of not less than One
Hundced Fifty Thousand Pesos (P150,000.00) nor more than One Million Pesos (P'1,000,000.00), or
doth, at the discretion of the court.

If the offender is a juridical person, the penalty shall be imposed upon its president,
manager, or head. If the offender is an alien, he shall, after setvice of sentence, be immediately
depored without a need of any further proceedings.

SEC. 12. Implementing Rules and Regulations. The Department of Trade and Industry
‘DIN, in consultation with appropriate government agencies, industry representatives, civic
organizations, non-government organizations, people’s organizations and other professionals, shall
promalgate the necessary rules and regulations for the effective implementation of this Act within
ninety (90) days from the date of effectivity thereof.

SEC. 13. Separability Clause. Any law, presidential decree or issuance, executive order,
letter of mstruction, administrative order, rule or regulation contrary to or inconsisteat with the
provision of this Actis hereby repealed, modified or amended accordingly.

SEC. M4. Effectivity. Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to ot inconsistent with the provision of
this Actis hereby repealed, modified or amended accordingly.


Approved,