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Seventeenth Congress \* <,

First Regular Session

HOUSE OF REP! ATIVES
HB. No.

Introduced by Representative H. Harry L. Roque Jr,

AN ACT
‘TO PROMULGATE A CONSUMER PRODUCT SAFETY STANDARD FOR
EACH DURABLE INFANT OR TODDLER PRODUCT

EXPLANATORY NOTE

Unintentional injuries are the leading cause of death among children. In the
United States, an average of 50 children under the age of five die each year in
incidents associated with nursery products, and about 16 of these deaths each year are
associated with cribs.

In 2003, an estimated 60,700 children under the age of five were treated in
United States hospital emergency rooms for injuries associated with nursery products,
and there were 10,700 injuries to children under the age of five years associated with
strollers alone.

Here in the Philippines, we lack product standards to protect our toddlers and
infants from similar incident. This bill seeks to direct the Department of Trade and


Industry to promulgate a consumer product safety standard for each durable infant or

Quy

HL HARRY L. ROQUE JR.

toddler product.

' This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress,
Third Regular Session.

2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
HB No. 5860

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
TO PROMULGATE A CONSUMER PRODUCT SAFETY STANDARD FOR
EACH DURABLE INFANT OR TODDLER PRODUCT

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

SECTION I. Short Title. — This Act shall be known as the “Infant and Toddler
Durable Product Safety Act.”

SECTION 2. Declaration of Policy. - \t is hereby declared the policy of the
State to ensure the safety of infants and toddlers from products which are
manufactured and distributed for them.

SECTION 3. Purpose - The purpose of this Act is to prevent dangerous
children's products from getting to the market, by requiring independent testing of all
durable infant and toddler products before they enter commerce.

SECTION 4. Definition of Terms. — For purposes of this Act the term —


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A. "Durable Infant or Toddler Product" means a durable product intended
for use, or that may be reasonably expected to be used, by children
under the age of five years, and includes:

i. full-size cribs and non-full-size cribs;

ii, toddler beds;
tii high chairs, booster chairs, and hook-on chairs;
iv. bath seats;

Y. gates and other enclosures for confining a child;
vi. _ play yards,
vii. stationary activity centers,

vill, infant carriers;

ix. _ strollers;
x. walkers,
xi, swings; and

xii, bassinets and cradles.
B. “Panel” means the Infant and Toddler Product Review Panel established
under Section 8.

SECTION 5. Consumer Product Safety Standards for Durable Infant and
Toddler Products. ~The Department of Trade and Industry (DTI) shall promulgate a
consumer product safety standard for each durable infant or toddler product. DTI shall
promulgate consumer product safety standards:


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A. for at least seven durable infant or toddler products every two calendar
years beginning after the date of the effectivity of this Act; and

B. for all existing durable infant or toddler products by not later than
December 31, 2019.

SECTION 6. Consultation with Panel- DTI shall promulgate any consumer
product safety standard under this section for a durable infant or toddler product in
consultation with the Panel and after considering the results of a review by such panel

of any existing guidelines for that product

SECTION 7. Durable Infant and Toddler Product Compliance Certification. ~
DTI shall by rule require that testing and certification for a durable infant or toddler
product shall be performed by an independent third party and require the use, and
prescribe the form and content, of a label, including a seal which states that the

Product has passed such testing and certification.

DTI shall delegate to the Panel the authority to prescribe a seal that shall be
used, under the labeling requirements under this Section, for infant or toddler products
that are certified to comply with applicable consumer product safety standards
promulgated under this Act.

SECTION 8. Infant and Toddler Product Review Panel. — The Department of
‘Trade and Industry shall establish an Infant and Toddler Product Review Panel (Panel)
to advise the Department of Trade and Industry regarding the implementation of this
Act. The Panel shall review and report to DTI regarding the existing guidelines for


durable infant or toddler products and advise DTI regarding the promulgation of
consumer product safety standards under this Act.

SECTION 9. Composition of the Panel. — The Panel shall be comprised of:

A. One representative from the juvenile product manufacturers industry;

B. One representative from the consumer groups,

C. One representative from independent child product engineers and experts,

D. Five consumer product safety engineers to be appointed by DTL.

SECTION 10. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged against the appropriations of DTI under
the current General Appropriations Act. Thereafter, such sum as may be necessary for

its full implementation shall be included in the annual General Appropriations Act as

a distinct and separate item.

SECTION 11. Separability Clause. — If any provision of this Act is held invalid
or unconstitutional, the same shall not affect the validity and effectivity of the other

provisions hereof.

SECTION 12. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to or is inconsistent with the provision of this Act is hereby repealed, modified, or
amended accordingly.


1 SECTION 13. Effectivity Clause. — This Act shall take effect fifteen (15) days
2 after its publication in the Official Gazette or in two (2) newspapers of general

3 circulation

Approved,