Seventeenth Congress
Third Regular Session

HOUSE BILLNO,_8640__

Introduced by Representative Jocelyn Sy Limkaichong

EXPLANATORY NOTE

To counter the proliferation of expired goods in the market as well as to
address consumer waste due to confusing and often misinterpreted date labels,
this legislative measure mandates the use of uniform date labels on prepackaged
consumer products by amending Republic Act No. 7394, otherwise known as
the “Consumer Act of the Philippines.”

The Consumer Act of the Philippines does not prescribe the use of
uniform date labels on prepackaged consumer products. Presently, the date
labeling practices on consumer products packaging in the Philippines cause
confusion with the interchangeable use of phrases such as “sell-by,” “best by,”
“best before,” and “use by.” There is also no uniform or standard format on
how such dates are to be presented on the packaging. Confusion over the
accuracy of date labels accounts to a large percentage of wasted consumer
products and wasted consumer spending.

It is therefore necessary to clearly and unmistakably inform consumers
when the product was manufactured, when it becomes unsafe to consume, and
when it is at peak quality, if applicable. Under this bill, it seeks to provide a
standard printed display with the use of the following phrases on the consumer
products: “manufacturing date,” “expiration date”, and whenever applicable, the
“best before date”. Likewise, the bill disallows the use of other phrases such as
“use-by,” “consume before,” and “best if used by.”

The bill also provides that the text of the date must be printed in single
easy-to-read type style using upper and lower-case letters in the standard form.
The text of the date must be located in a conspicuous place on the packaging of
the product and printed clearly and legibly on the label in the following order:
day, month, year. To avoid confusion, the day and the year must be written in
figures while the month must be written in words.

The proposed bill makes it unlawful for any person to sell, distribute or
manufacture, or to display or distribute, or cause to be displayed or distributed


in the market, any consumer product with date label which does not conform
with the requirements. The proposed bill also seeks to punish any person who
willfully refuses to dispose of consumer products which do not comply with the
date label requirements.

Requiring the standardized date labels on consumer products ensures safe
and good quality supply of consumer products, especially food, and protects the
health of the people. This is in accordance with the constitutional mandate, Art.
XI, Sec. 15, of protecting and promoting the citizens’ right to health and
instilling health consciousness among the Filipino people.

In view of the foregoing, immediate approval of this bill is
sought.



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Seventeenth Congress
Third Regular Session

HOUSE BILLNO,_8640 _

Introduced by Representative Jocelyn Sy Limkaichong

AN ACT
REQUIRING THE USE OF STANDARDIZED DATE LABELS ON
CONSUMER PRODUCTS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7394, OTHERWISE KNOWN AS THE
“CONSUMER ACT OF THE PHILIPPINES”

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

SECTION 1. This Act shall be known as the “Standardization of Date
Labels Act”.
SECTION 2. Article 76 of Republic Act No. 7394, otherwise known as
the “Consumer Act of the Philippines” is hereby amended to read as follows:
“Art. 76. Prohibited Acts on Labeling and Packaging. — It
shall be unlawful for any person, either as principal or agent,
engaged in the SALE, DISTRIBUTION, MANUFACTURE,
labeling or packaging of any consumer product, to display, SELL
or distribute or to cause to be displayed, SOLD or distributed in
commerce any consumer product whose package or label does not
conform to the provisions of this chapter.
ALL CONSUMER PRODUCTS WHICH DO NOT
COMPLY WITH THE DATE LABEL REQUIREMENTS AS
PROVIDED IN THIS ACT SHALL NOT BE SOLD OR

DISTRIBUTED IN THE MARKET AFTER JANUARY 1,


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2020.

The prohibition in this chapter shall not apply to persons
engaged in the business of wholesale or retail distributors of
consumer —_ products OR CONSUMER PRODUCTS
MANUFACTURED OUTSIDE THE COUNTRY AND
DIRECTLY SHIPPED FROM THE MANUFACTURER TO
CONSUMER BY MAIL OR OTHER DELIVERY SERVICE
except to the extent that such persons:

1) are engaged in the packaging or labeling of such products;

2) prescribe or specify by any means the manner in which

such products are packaged or labeled; or

3) having knowledge, refuse to disclose the source of the

mislabeled or mispackaged products.”
SEC. 3. Article 77 of the same Act is hereby amended by adding a new
paragraph to be denominated a paragraph (i) to read as follows:

“Art. 77. Minimum Labeling Requirements for Consumer
Products. — All consumer products domestically sold whether
manufactured locally or imported shall indicate the following in
their respective labels of packaging:

“a) XXX
“Xxx

“g) Country of manufacture, if imported; [and]

“h) If a consumer product is manufactured, refilled or


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repacked under license from a principal, the label shall so state the
fact[:]; AND

“1) ITS “MANUFACTURING DATE,” “EXPIRATION
DATE, AND IF APPLICABLE, THE “BEST BEFORE
DATE”

THE UNIFORM DATE LABEL AS REQUIRED UNDER
THE PRECEDING PARAGRAPH (1), MUST BE PRINTED
CLEARLY AND LEGIBLY ON THE LABEL IN THE
FOLLOWING ORDER: DAY, MONTH AND YEAR. THE
DAY AND THE YEAR MUST BE WRITTEN IN FIGURES
WHILE THE MONTH MUST BE WRITTEN IN WORDS.
THE TEXT MUST BE IN SINGLE EASY-TO-READ TYPE
STYLE USING UPPER AND LOWER CASE LETTERS IN
THE STANDARD FORM. THE USE OF “USE-BY,”
“CONSUME BEFORE,” “BEST IF USED BY” AND OTHER
SIMILAR PHRASES MUST NOT BE USED AS DATE
LABELS ON THE PACKAGING OF CONSUMER
PRODUCTS.

FOR PURPOSES OF THIS ACT, “MANUFACTURING
DATE” REFERS TO THE DATE WHEN THE PRODUCT
WAS PRODUCED OR MADE BY THE MANUFACTURER;
“BEST BEFORE DATE” REFERS TO THE DATE WHEN

THE QUALITY OF THE PRODUCT BEGINS TO


1 DETERIORATE, BUT STILL ACCEPTABLE FOR

2 CONSUMPTION BEFORE THE EXPIRATION DATE; AND
3 “EXPIRATION DATE” REFERS TO THE DATE STATED ON
4 THE LABEL OF FOOD, DRUG, COSMETIC, OR SIMILAR
5 CONSUMER PRODUCT, AFTER THE SAFETY, EFFICACY,
6 QUALITY OR POTENCY MUST HAVE RUN ITS COURSE.”
7 “The following may be required by the concerned department
8 in accordance with the rules and regulations they will promulgate
9 under authority of this Act:

10 “a) XXX

1 “Xxx

2 “e) XXX

13 SEC. 4. Article 84 of the same Act is hereby amended to read as follows:

4 “SEC. 84. Additional Labeling Requirement for Food. —

15 The following additional labeling requirements shall be imposed by

16 the concerned department for food:

7 “a) MANUFACTURING DATE, EXPIRATION DATE,

18 AND WHENEVER APPLICABLE, THE BEST BEFORE

19 DATE;

20 “XXX

2 “e) XXX.”

2 SEC. 5. Article 87 of the same Act is hereby amended to read as follows:

23 “Art. 87. Additional Labeling Requirements for Cosmetics. ~


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The following additional requirements may be required for
cosmetics:

“a) MANUFACTURING DATE AND expiry or expiration
date;

“b) XXX

“d) XXX.)

SEC. 6. Article 95 of the same Act is hereby amended to read as follows:

“Art. 95. Penalties. — a) xxx
“yess
“b) Xxx
“C) ANY PERSON WHO VIOLATES' THE
PROVISIONS OF ARTICLE 76, PARAGRAPH I OF
ARTICLE 77, PARAGRAPH A OF ARTICLE 84 AND
PARAGRAPH A OF ARTICLE 87 OF THIS ACT SHALL BE
PUNISHED WITH IMPRISONMENT OF NOT LESS THAN
ONE (1) YEAR BUT NOT MORE THAN FIVE (5) YEARS,
OR A FINE OF NOT LESS THAN FIVE HUNDRED
THOUSAND PESOS (P500,000.00) BUT NOT MORE THAN
ONE MILLION PESOS (P1,000,000.00), OR BOTH, AT THE
DISCRETION OF THE COURT.
“IF THE OFFENDER IS AN ALIEN, THE OFFENDER
SHALL BE DEPORTED AFTER SERVICE OF SENTENCE

AND PAYMENT OF FINE WITHOUT FURTHER


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DEPORTATION PROCEEDINGS.

“IF THE VIOLATION IS COMMITTED BY A
JURIDICAL PERSON, THE BOARD OF DIRECTORS,
OFFICERS AND ALL PERSONS DIRECTLY RESPONSIBLE
FOR THE VIOLATION SHALL SUFFER THE PENALTY
IMPOSED UNDER THIS SECTION.”

SEC. 7. Within ninety (90) days from the effectivity of this Act, the
Secretary of Trade and Industry, in coordination with the Secretary of Health and
the Administrator of Food and Drug Administration, shall issue the necessary
rules and regulations for the effective implementation of the provisions of this
Act.

SEC. 8. All laws, executive orders, issuances, decrees, rules and
regulations inconsistent with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.

SEC. 9. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,