; 0.4 SEP 2012
Republic of the Philippines ena ai)
HOUSE OF REPRESENTATIVES ~
Quezon City

FIFTEENTH (15'"') CONGRESS
Third Regular Session

ereport No, 2382
on__ 04 SEP 2012

COMMITT

the Committee on Trade and In
Oy
Bill No. 6529

in substitution of Hou
preseniatives Garcia. A.R.. Apacible.T..

Re He
Recommending its app
Sponsors f
D. and Rod ez. R,

Bill Nos, 1221 and 1727
Macepagal-Arroyo.

Mr. Speaker

The Committee on Trade And Indus
introduced by Representatives Diosdado Macapagal-Arrovo. Gloria Macapag:
Arroyo. Juan Miguel “Mikes” Macapagal-Arroyo. Augusto Boboy Syjuco. Ph.D.
Salvador P. Cabaluna. Il], entitled:

AN ACT
TO PROVIDE FOR TOY SAFETY LABELING

and House Bill No. !727. introduced by Reps. Rufus B. Rodriguez. Maxime B.
Rodr Gomer. entitled

wez and Luey Tor

AN ACT
PROVIDING FOR THE PROPER LABELING OF TOYS OR
GAMES OF CHILDREN, PROVIDING FOR PENALT!
FOR ITS VIOLATIONS AND FOR OTHER PURPO!

has considered the same and recommends that the attached House Bill Ne
G6H2ZY entitled
AN ACT

PROVIDING FOR TOY AND GAME SAFETY LABELING,
APPROPRIATING FUNDS THEREFOR

atatives

be approved in substitution of House Bill Nos. 1221 and h Rep

-Arroyo G.. Rodriguez R.. Rodi



Gomez. Cabaluna. Garcia A. R
is. Casio. Villarica. Mandanas,
0. Del Rosario A.R.. Sacdalan. Osmeia. Joson. Rodriguez
son-Noel. Y Sahidulia. Lagdameo A.. Bonoan-David. Mellana,
Sakaluran, Quisumbing, Una e. Colmenares. Haresco. Villar. Pancho.
Enverga. Cojuangeo E.. Cajayon. Tugna. Ty. Romualdez. Arrove D.. Panotes. and

gal-Arroyo JM.
. Duavit. Biron
andez. Garay. Teod

na as authors thereof

‘ommittee on Trade and Industry

THE HONORABLE SPEAKER,
HOUSE OF REPRESENTATIVES

QUEZON CITY



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Ci

FIFTEENTH (15"") CONGRESS
Third Regular Session

eee,
HOUSE BILL No,__P9®*
(In Substitution of House Bil! Nos. 1221 and 1727

ez

Introduced by Representatives Macapagal-Arroyo D.. Macapagal-Arroyo G.. Rede
R.. Rodriguez M.. Macapagal-Arroyo JM... Syjuco. Torres-Gomez, Cabaluna, Garcia A.
-———Rapribles Puavit, Biron. Defensor, Alvarez A. Trenas>Casifo, Vilaries vtandanas. —

Fernandez. Garay. Teodoro. Del Rosario A.R.. Sacdalan. Osmefia, Joson, Rodriguez |..
Lacson-Noel. Yu. Ferrer J., Sahidulla, Lagdameo A., Bonoan-David. Mellane, Sakaluran.
Quistmbing. Unabia. Batocabe. Colmenares. Hareseo. Villar. Pancho. Lnverga,
Cojuangeo E.. Cajayon, Tugna. Ty. Romualdez, Panotes. and Bagasina
AN ACT
PROVIDING FOR TOY AND GAME SAFETY LABELING, APPROPRIATING
FUNDS THEREFOR

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

t shall be known as the "Toy and Game

2 Safety Labeling Act of 2011."

SECTION 2. Declaration of Policy. — The State recognizes that children,
4 by reason of their physical and mental immaturity, need special safeguard and
5 care. The State acknowledges its obligation to secure the right of children to
6 proper care and special protection from all forms of neglect and other conditions

7 prejudicial to their development. Toward this end, the State shal! ensure the
protection of children against potential hazards to their health and safety by

® requiring special labeling of toys and games. To guarantee the rights of children



to protection and safety. the State shall provide a means of redress for violation
of said rights.
SECTION 3. Definition of Terms - For purposes of this Act, the
following terms shall be defined as follows:
a Hazardous substence refers to any substance or mixture of substances
which is toxic. corrosive, irritant, a strong sensitizer, flammable or
cambustiole, or generates pressure through decomposition. heat or other
means. if such substance or mixture of substances causes any substantial
injury or illness during or as a proximate result of any customary or

reasonably foreseeable ingestion by children;
on any consumer product, its immediate container, tag, literature or other
suitable materia’ affixed thereto for the purpose of giving information as to
identify components, ingredients, attributes, directions for use.
specifications and such other information as may be required by taw or
regulations.

¢. Package or packaging refers to any container or wrapping in which any
consumer product is enclosed for use in the delivery or disolay of that
consumer product to retail purchasers.

4. Principal display panel refers to the part of the label that is most likely to
be displayed, presented, shown or examined under normal and customary

b. Label, labeling refers to the display of written, printed or graphic matter

conditions of display for retail or sale.
SECTION 4. Labeling Requirements for Toys and Games — The
packaging. any descriptive material, and in case of bulk sales, bins. containers
for retail display. or vending machines from which the unpacked toy or game is
dispensed, shall bear the cautionary statements with corresponding graphics
ded for use of

described in the succeeding paragraph if the toy or game int

children below fourteen (14) years of age includes a small part and
manufactured for sale, offered for sale, or distributed in commerce in the
Philippines. The cautionary statement required for a toy or came under this

iy


1 Section shall likewise apply to food items which contain or whose packaging

2 contain any toy or game descriptive material.

The following cautionary statement shall be printed on the packaging of

4 any toy or game:

‘ /\ WARNING:
° |
? CHOKING HAZARD ~

8 Small parts not for children under

9 3 years of age

_ BABALA;——_

18 MAARING MAKABARA SA LALAMUNAN

Bawal sa batang wala pang 3 taong gulang

16 In the case of any latex balloon, any ball with a diameter of 1.75 inches or

17 Jess intended for children who are below ten (10) years of age, or any marble

intended for children who are less than fourteen (14) years of age. or any toy or
i 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. anc in the case of bulk sales of any such

2 product when unpackaged, any bin, container for retail display, or vending

3 machine from such unpackaged balloon, ball, marble, toy or game is dispensed,
4 shali bear or contain the cautionary statements as follows:
1. In the case of balloons, or toys or games that contain latex balloons, the

6 following cautionary statement shall be printed on the packaging of the same:

7 WARNING:

?

|

oy :
\ 14

9 CHOKING HAZARD

10 | Children under 14 years of age can choke

W | or suffocate on uninflated OR BURST balloons.

joy Adult supervision required.

i] Keep uninflated balloons from children.

I Discard burst

16
1g |
L_
19) | MAARING MAKABARA SA LALAMUNAN
30 | ng batang 14 taong gulang pababa ang
a walang hangin 0 pumutok na lobo.
258 |) Kinakailangan ang patnubay ng nakatatanda.
a3 | Iayo ang mga lobong walang hangin sa mga bata.
SH Itapon kaagad ang pumutok na lobo. 3



2. in the case of balls, the following cautionary statement shall apply

WARNING:

ar)

|

~ CHOKING HAZARD
This toy is a small ball

NOT for children under 3 years of age

and/or

/\ BABALA

s |
| / \
Fas
xXx
5 |
10 MAARING MAKABARA SA LALAMUNAN

Maliit na bola na ito ay

BAWAL sa batang wala pang 3 taong gulang



3. In the case of marbles. the foliowing cautionary siaie:

printed on its packaging:

xX (graphics)

CHOKING HAZARD

This isa marble.

NOT for children under 3 years of age

and/or

BABALA:

MAARING MAKABARA SA LALAMUNAN
Ang laruang ito ay holen.

BAWAL sa batang wala pang 3 taong gulang



ON

4, In the case of toys or games containing balls, the following cautionary

statement shall be printed on its packaging

CHOKING HAZARD

| Toy/Game contains a small ball

NOT for children under 3 years of age

and/or

BABALA:

i MAARING MAKABARA SA LALAMUNAN
May maliit na bola

BAWAL sa batang wala pang 3 taong gulang



in the case of toys and games containing marbles, the following

hall be printed on its packaging

“WARNING:

1 \
aN fr ;

xX (graphics) |

: CHOKING HAZARD _

6 Toy/Game contains marbles.
zy! NOT for children under 3 years of age
8 andior

. (\ BABALA:

MAARING MAKABARA SA LALAMUNAN

2 May maliit na holen

BAWAL sa batang wala pang 3 taong gulang



SECTION 5. General Labeling Requirements. ~ Except as provided in
Sections 6 and 7 hereof. any cautionary statement shall be displayed in its
entirety on the principal display pane! of the product's package and on any
descriptive material, which accompanies the product. In the case of bulk sales of
such product when unpacked, the cautionary statement shall be displayed on the
bin or container used for the retail display of the product, and any vending
machine from which the unpacked product is dispensed and displayed. in English
or Filipino or both written in common language, in conspicuous and legible type
in contrast by typography. lay-out, or color with other printed matter on such

package, des riptive | materials, bin, container and vending machine, and in the

as "The Consumer Act of the Philippines”

SECTION 6. Exception. - Products manufactured and packaged outside
the country and directly shipped from the manufacturer to the consumer by mail
or other delivery service which do not bear the required statement provided
under Section 5 hereof shall be admitted if other accompanying material shipped
with the product bears such statement.

SECTION 7. Special Rules for Certain Packages - A cautionary
statement required by Section 4 hereof 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 statements displayed in English or Filipino or both written
in common language. 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 in Section 5 hereof appears
In case of a product to which Section 4 hereof, paragraph 1 applies, the

cautionary statement shall read



/ SAFETY WARNING:

L_\ xX

” * BABALA MAG-INGAT:

In the case of a product to which Section 4, paragraph 2 applies, the

7 cautionary statement shall read:

-. (WARNING:

CHOKING HAZARD


and/or

BABALA:
: X Ls

ARING MAKABARA SA LALAMUNAN —

SECTION 8. Treatment on Misbranded or Banned Hazardous
Substance. - A balloon, ball, marble or toy or game which packaging is not in
compliance with the requirements of this Act shall be considered a misbranded or
banned hazardous substance. It shall be withdrawn from the market at the
expense of the manufacturer or importer and shall not be allowed to be
distributed, sold or offered for sale in the Philippines unless and until the
requirements of this Act are complied without prejudice to any liability and
penalty that may be incurred under Section 10 hereof.

SECTION 9. Report to Department Of Health - A manufacturer.

distributor, retailer and importer of a marble, small ball or latex balloon, or a toy
of game that contains a marble, small ball or latex balloon, or other small parts.
shall report to the Department of Health and 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 with such marble. small ball, or latex
balloon, or on 2 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



SECTION 10. Penalties. - Any person who shall violate any provision of
this Act, shall be subject to a fine of not less than Ten Thousand Pesos
(P10,000.00) but not more than Fifty Thousand Pesos (P50,000.00) or
imprisonment of not less than 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 corporati

n, trust, firm, partnership or association or entity

SECTION 11. Regulations. ~ The Department of Trade and Industry, in
consultation with the Department of Health, shall promulgate the rules and
regulations for the implementation of this Act. The Department of Trade and
Industry shall regularly publish every six (6) months the list of all manufacturers
importers, distributors and retailers who failed to comply with the requirements of
this Act. Likewise, the Department of Health shall publish every six (6) months
the list of all misbranded or banned hazardous substances the sale, offer for
sale, and distribution of which shall not be allowed under this Act

SECTION 12. Funding. - The Department of Trade and Industry and the
Department of Health shall include in their respective annual budgets the
amount necessary for the effective implementation of this Act

SECTION 13. Grace Period— Manufacturers, retailers, distributors, and
importers are given one (1) year grace period from the effectivity of this Act to
comply with these requirements from the effectivity of this Act.

SECTION 14. 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 15. Repealing Clause — Any law. presidential decree. or
issuance, executive order. letter of instruction, administrative order. rule of
regulation contrary to or inconsistent with the provisions of this Act is hereby
repealed, modified or amended accordingly.


i SECTION 16. Effectivity Clause. - This Act shall take effect fifteen (15)

2 days after its publication in at least two (2) newspapers of general circulation
Approved,



FACT SHEET

ae peo
House Bill No_ 92
(As Approved by the Committee)

AN ACT
PROVIDING FOR TOY AND GAME SAFETY LABELING,
APPROPRIATING FUNDS THEREFOR

Introduced by: Rep. Diosdado Macapagal Arroyo, Rep. Gloria Macapagal Arroyo, Rep.
Rufus B. Rodriguez and Rep. Maximo B. Rodriguez

Committee Referral: COMMITTEE ON TRADE & INDUSTRY
ittee Chairperson: REP. ALBERT RAYMOND S. GARCIA

Cor

OBJECTIVE:
« To provide protection to children against potential hazards to their health and

safety by setting standardized labeling requirements for certain toys and games
of children

KEY PROVISIONS:

= Prescribes the printing of cautionary statements and requires the inclusion of
graphics for the labelling of certain toys or games.

= Requires that safety labelling of toy or game be applied to food items which
contain or whose packaging includes a toy or descriptive material ofa game. _ _

Mandates the Department of Health to publish every six (6) months the list of all
misbranded or banned hazardous substances the sale, offer for sale, and
distribution of which shall not be allowed subject to the requirements of this Act.

« Authorizes the Department of Trade and Industry and the Department of Health

to include in their respective annual budgets the amount necessary for the
effective implementation of this Act.

RELATED LAW:

« The Consumer Act (Republic Act 7394)