FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1727

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

EXPLANATORY NOTE

Republic Act No. 7394, otherwise known as “The Consumer Act of the
Philippines” provides:

“Article 80. Special Packaging of Consumer Products for the Protection of the
Children. The concerned department may establish standards for the special
packaging of any consumer product if it finds that
a) the degree or the nature of the hazard to children in the availability of such
product, by reason of its packaging is such that special packaging is
required to protect children from serious personal injury or serious illness
resulting from handling and use of such product.”
XxX
This Act also recognizes the need to provide the requirements for labeling of
consumer products, thus:
“Article 7. Promulgation and Adoption of Consumer Product Standards.
Xxx
e) requirements that a consumer product be marked with or
accompanied by clear and adequate safety warnings or instructions, or
tequirements respecting the form of warning or instructions”.
Xxx
However, it does not provide the requirements for special labeling of
consumer products to provide additional measures to protect children against
potential hazards to their health and safety.
It is the objective of this bill to fill the void between the existing law and the
need to set standardized labeling requirements for certain toys and games for
children

The immediate passage of this bill is eamestly sought.
x
RU! bug UEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 17 27

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

SECTION 1. Short Title. — This Act shall be known as the “The Toy Safety

Act’

SEC. 2. Declaration of Policy. - It shall be the policy of the State to protect
the interest of children and to promote their general welfare. Toward this end, the

State shall implement measures to achieve the followir

a)

b)

c)

provision of safety and quality standards for consumer products by
Tequiring that a consumer product for children be marked with or
accompanied by clear safety warnings or instructions.

Protection against hazards and safety; and

Provision of adequate rights and means of redress.

SEC 3. Definition of Terms. - For purpose of this Act, the term:

a)

b)

“Hazardous substance” means any substance or mixture of
substances which is toxic, corrosive, irritant, a strong sensitiser,
flammable or combustible, or generates pressure through
decomposition, heat or other means, if such substance or mixture or
substances cause any substantial injury or substantial illness during
or as a proximate result of any customary or reasonably foreseeable
ingestion by children.

“Commerce” means the sale, lease, exchange, traffic or distribution
of goods;

"Label, labeling” means the display of written, printed or graphic
matter on any consumer product, its immediate container, tag,
literature or other suitable material affixed thereto for the purpose of
giving information as to identity, components, ingredients, attributes,


directions for use, specifications and such other information as may
be required by law or regulations.

0) "Package" or "packaging" means any container or wrapping in which
any consumer product is enclosed for use in the delivery or display
of that consumer product to retail purchasers.

e) "Principal display pane!" means that part of the label that is most
likely to be displayed, presented, shown or examined under normal
and customary conditions of display for retail or sale.

SEC 4. Toy Labeling Requirements. - The packaging of any toy or game
intended for use by children who are less than ten (10) years old, any descriptive
material which accompanies such toy or game, and, in the case of bulk sales of such
toys or games when unpackaged, any bin, container for retail display, or vending
machine from which the unpackaged toy or game is dispensed shall bear or contain
the cautionary statements described in the succeeding paragraph if the toy or game
includes a small part and is manufactured for sale, offered for sale, or distributed in
commerce in the Philippines.

The cautionary statement required for a toy or game shall be as follows:

WARNING:
CHOKING HAZARD ~ Small Parts

‘Not recommended for children under 3 years

and/or

BABALA:
MAARING MALULON - Maliliit na bahagi

Bawal sa batang wala pang edad na 3



In the case of any latex balloon, any ball with a diameter of 1.75 inches or less
intended for children who are less than 10 years of age, or any marble intended for
children who are less than 10 years of age, or any toy or game which contains such
a balloon, or marble, which is manufactured for sale, offered for sale, or distributed in
commerce in the Philippines, the packaging of such balloon, toy, or game; any
descriptive material which accompanies such balloon, ball, marble, toy or game; and
in the case of bulk sales of any such product when unpackaged, any bin, container
for retail display, or vending machine from such unpackaged balloon, ball, marble,
toy or game is dispensed, shall bear or contain the cautionary statements as follows:

In the case of balloons, or toys or games that contain latex balloons, the
following cautionary statement applies:

WARNING:
CHOKING HAZARD - Children under 10 yrs
can choke or suffocate on uninflated broken
balloons

Adult Supervision required.

Keep uninflated balloons from children.
Discard broken balloons at once.

and/or

BABALA:
MAARING MALULON ng batang may edad na
10 pababa ang lobong walang hangin o ang
sirang lobo.

Kinakailangan ang patnubay ng nakatatanda,

llayo ang mga lobong walang hangin sa mga bata.

Itapon kaagad ang mga sirang lobo.


In the case of balls, the following cautionary statement applies:

and/or

In the case of marbles, the following cautionary statement applies:

and/or



SEC 5. General Labeling Requirements. - Except as provided in Section 6
and 7 hereof, any cautionary statement shall be displayed in its entirety on the
principal display panel of the product's package and on any descriptive material
which accompanies the product, and in the case of bulk sales of such product when
unpacked, on the bin, container for retail display of the product, and any vending
machine from which the unpacked product is dispensed and displayed in English or
Filipino or both, in conspicuous and legible type in contrast by typography, lay-out, or
color with other printed matter on such package, descriptive materials, bin, container
and vending machine, and in the manner consistent with the provisions of the RA
7394 on labeling.

SEC 6. Exception. - In the case of products manufactured outside the
country and directly shipped from the manufacturer to the consumer by mail or other
delivery service, the accompanying materials inside the package of the product may
fail to bear the required statement if other accompanying material shipped with the
product bears such statement.

SEC 7. Special Rules for Certain Packages. - A cautionary statement
required by Section 4 or in lieu of display on the principal display panel of the
product's package, shall be displayed on another panel of the package if the
package has a principal display panel of 15 square inches or less and the required
statement is displayed in English or Filipino or both and the statement is displayed
on the principal display panel and is accompanied by an arrow or other indicator
pointing toward the place on the package where the statement required by Section 5
appears.

In case of a product to which Section 4, paragraph 1 applies, the statement is

as follows:

And/or

=

In the case of a product to which Section 4, paragraph 2 applies, the
statement is as follows:



—

‘and/or

>

SEC 8. Treatment as Misbranded or Banned Hazardous Substance. ~ A
balloon, ball, marble or toy or game that is not in compliance with the requirements
of this Act shall be considered as misbranded or banned hazardous substance and
shall be withdrawn from the market at the expense of the manufacturer or shall not
be allowed to be distributed, sold or offered for sale unless and until the
requirements of this Act is complied without prejudice to whatever liability and
penalty to be incurred under Section 10.

SEC 9. Report to Department of Trade and Industry. - Each manufacturer,
distributor, retailer and importer of a marble, small ball or latex balloon, or a toy or
game that contains a marble, small ball or latex balloon, or other small parts, shall
Teport to the Department of Trade and Industry any information obtained by such
manufacturer, distributor, retailer, or importer which reasonably supports the
conclusion that an incident occurred in which a child regardless of age choked such
a marble, small ball, or latex balloon, or on a marble, small ball, latex balloon, or
other small part contained in such toy or game, and that as a result of that incident
the child died, suffered serious injury, ceased breathing for any length of time, or was
treated by a medical professional.

SEC 10. Penalties. - Any person who shall violate any provision of this Act,
shall be subject to a fine of not less that ten thousand pesos (P10,000.00) but not
more than fifty thousand pesos (50,000.00) or imprisonment of not less than less
three (3) months but not more than two (2) years or both at the discretion of the
court. If the offense is committed by a corporation, trust, firm, partnership or
association or other entity, the penalty shall be imposed upon the guilty officer or
officers of such corporation, trust, firm, partnership or association or entity.

SEC. 11. Regulations. - The Department Of Trade and Industry shall
promulgate regulations for the implementation of this Act in accordance with the
provisions of RA 7394 on labeling. In addition, the Department of Trade and Industry
shall regularly publish the list of all manufacturers, importers, distributors and
retailers who failed to comply with the requirements of this Act.


SEC 12. Grace Period. - Manufacturers, retailers, distributors, and importers

are given one (1) year grace period to comply with these requirements reckoned
from the effectivity of this Act.

SEC 13. 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

SEC 14. Repealing Clause. - Any law, presidential decree, or issuance,

inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly

SEC 15. Effectivity Clause. - This Act shall take effect fifteen (1 5) days after
its publication in at least two (2) newspapers of general circulation.

Approved,