Republic of the Philippines

AcePRESED

HOUSE OF REPRESENTATIVES ‘c OS
Quezon City vo %
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wre: 10 SEP
SIXTEENTH CONGRESS
First Regular Session
99
House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

EXPLANATORY NOTE

The Consumer Act of the Philippines or Republic Act No. 7394, in Article 80,
provides for “special packaging of consumer products for the protection of children.” In
Article 7, it also provides the requirements for “labeling of consumer products with clear
and adequate safety warnings or instructions, or requirements respecting the form of
warning or instructions.”

It does not, however, 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 therefore the intent of this proposed measure to reconcile or “bridge the gap”,
so to speak, what has been provided by the law and the need to standardize labeling
requirements for certain toys and games of children

Due to the significance of this bill, its immediate passage is earnestly sought.

DIOSDADO Al L ARROYO GLORIA/MACAPAGAL ARROYO
Second District, Camarines Sur Secdfid District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2793

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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:

SECTION 1. Short Title. — This Act shall be known as the "Toy and Game Safety
Labeling Act of 2013."

SECTION 2. Declaration of Policy. - The State recognizes that children, by
reason of their physical and mental immaturity, need special safeguard and care. The
State acknowledges its obligation to secure the right of children to proper care and
special protection from all forms of neglect and other conditions prejudicial to their
development. Towards this end, the State shall 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 means of redress for violation of said rights.

SECTION 3. Definition of Terms. — For purpose of this Act, the following terms
shall be defined as follows:

a. "Hazardous substance" refers to any substance or mixture of substances
which is toxic, corrosive, irritant, a strong sensitizer, 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

1


illness during or as a proximate result of any customary or reasonably
foreseeable ingestion by children.

b. "Label, labeling" refers to 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 identify,
components, ingredients, attributes, directions for use, specifications and such
other information as may be required by law or regulations

c. "Package" or "packaging" refers to 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

d. "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
conditions of display for retail or sale.

SECTION 4, Labeling Requirements for Toys and Games. ~ The packaging, any
descriptive material, and in case of public 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 described in the succeeding
paragraph if the toy or game intended for use of children below fourteen (14) years of
age 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
under this Section shall likewise apply to food items which contain or whose packaging
contain any toy or game descriptive material

The following cautionary statement shall be printed on the packaging of any toy
or game:

i WARNING:
(graphics)

CHOKING HAZARD

Small parts not for children under
3 years of age

and/or


BABALA:

(graphics)

MAARING MAKABARA SA LALAMUNAN

Bawal sa batang wala pang 3 taong gulang

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

1. In the case of balloons, or toys or games that contain latex balloons, the
following cautionary statement shall be printed on the packaging of the same

~ WARNING:

(graphics)

CHOKING HAZARD

Children under 14 years of age can choke
or suffocate on uninflated OR BURST balloons.
Adult supervision required.

Keep uninflated balloons from children
Discard burst balloons at once.

and/or


BABALA:

(graphics)

MAARING MAKABARA SA LALAMUNAN

Ng batang 14 taong gulang pababa ang
walang hangin 0 pumutok na lobo.
Kinakailangan ang patnubay ng nakatatanda.
Iayo ang mga lobong walang hangin sa mga bata.
Itapon kaagad ang pumutok na lobo

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

\ WARNING: -—
xX (graphics)

CHOKING HAZARD

This toy is a smalll ball
_ NOT for children under 3 years of age _

and/or

BABALA:
x

MAARING MAKABARA SA LALAMUNAN

Maliit na bola na ito ay
BAWAL sa batang wala pang 3 taong gulang_

(graphics)

3. In the case of marbles, the following cautionary statement shall be printed on
its packaging:



‘i WARNING:
xX (graphics)

CHOKING HAZARD

This is a marble.
NOT for children under 3 years of age

and/or

BABALA:
XxX

MAARING MAKABARA SA LALAMUNAN

Ang laruang ito ay holen.
BAWAL sa batang wala pang 3 taong gulang

(graphics)

4. In the case of toys or games containing balls, the following cautionary
statement shall be printed on its packaging

é WARNING: —
xX (graphics)

CHOKING HAZARD

Toy/Game contains a small ball
NOT for children under 3 years of age

and/or



BABALA:
x

MAARING MAKABARA SA LALAMUNAN

May maliit na bola
BAWAL sa batang wala pang 3 taong gulang

(graphics)

5. In the case of toys or games containing marbles, the following cautionary
statement shall be printed on its packaging:

; WARNING: ;
4 (graphics)

CHOKING HAZARD

Toy/Game contains marbles.
NOT for children under 3 years of age

and/or

BABALA:
x

MAARING MAKABARA SA LALAMUNAN

May maliit na holen
l __ BAWAL sa batang wala pang 3 taong gulang

(graphics)

SECTION 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

6



unpacked, the cautionary statement shall be displayed 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 written in common language, 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 Republic Act No. 7304
otherwise known 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 in 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 statement is
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:
/ \ x

and/or

BABALA MAG-INGAT:
x



In the case of a product to which Section 4, paragraph 2 applies, the cautionary
statement shall read:

\ WARNING:

(graphics)
x
CHOKING HAZARD
and/or
BABALA : (graphics)

x

ING 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 to be incurred under Section 10 hereof

SECTION 9. Report to Department of Health. — A manufacturer, distributor,
retailer and importer of a marble, smalll ball or latex balloon, or a toy or 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 such 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

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 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,

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
Tetailers 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.

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 or regulation contrary to
or inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 16. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,