Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

1780

House Bill No.

Introduced by Bayan Muna Representatives
CARLOS ISAGANI T. ZARATE and NERI J. COLMENARES,

AN ACT
REQUIRING THE MANDATORY LABELING OF FOOD AND FOOD
PRODUCTS CONTAINING GENETICALLY-MODIFIED ORGANISMS AND
FOOD PRODUCED BY GENETIC ENGINEERING TECHNOLOGIES,
AMENDING FOR THAT PURPOSE REPUBLIC ACT 3720, OTHERWISE,
KNOWN AS THE FOOD, DRUGS AND DRUG DEVICES AND COSMETIC ACT,
AND REPUBLIC ACT 7394, OTHERWISE KNOWN AS THE CONSUMERS’ ACT
OF THE PHILIPPINES, AND FOR OTHER PURPOSES

EXPLANATORY NOTE,

This bill seeks to uphold the Filipino consumers’ rights to be informed of the contents of
what they are buying and cating. This right to an informed choice will only possible if proper
labeling is present in food products, particularly those containing or have undergone genetic

modification.

Genetic engineering in food crops is relatively new. However, there have been many
cases discovered which should tell us that genetically modified products could seriously harm
human beings and the environment. Several studies abroad have raised the problems of toxicity,
allergy and environmental damage. Cases of contamination of crops have also been recorded in
farms here in the Philippines adjacent to those raising genetically engineered crops. ‘The scientific
community is divided between those who think genetically-modified organisms are safe for
human consumption while another camp is claiming that there is not enough proof to say that
genetically-modified organisms pose no risk to health and environment. As long as there is no
general consensus yet as to the harmlessness and safety of genetically-modified organisms, it is
best to take the precautionary principle in dealing with these genetically-modified organisms. The
country has no strict regulations nor advanced technology to deal with the genetically-modified
organisms’ impact on the consuming public.


Republic Act No. 7394, or the Consumer Act of the Philippines, declares that it is the
policy of the State “to protect the interests of the consumer, promote his general welfare and to
establish standards of conduct for business and industry.” RA No. 7394 further states that,
“provision of information and education to facilitate sound choice and the proper exercise of
rights by the consumer” shall be implemented by the State.

In a landmark case against GMO testing here in thhe Philippines, Court of Appeals (CA)
tuled that ongoing field trials for Bacillus thuriengensis (Bt) talong (eggplant) in the country pose
tisks to human health and the environment. In the 25-page decision penned by CA Associate
Justice Isaias Dicdican, the appellate court’s Special 13th Division issued a writ of kalikasan
ordering the Department of Environment and Natural Resources (DENR) and other concerned
government agencies to stop the trials.

We cannot underestimate the known and suspected environmental and health risks
inherent genetically-modified organisms to embrace the unproven technology of genetic
engineering. Other countries in the world have acted through legislation to protect their citizens
and environment from the threat of genetically engineered crops and food. Clearly, we must do
the same, While waiting for stricter regulations on the entry of patented genetically-modified
genes and food products in the Philippines, we must make sure that consumers are not exposed
to the possible risks by untested technology.

‘The recent

‘Thus, early approval of this bill is earnestly sought.

Approved,

ats ow "T. ZARATE

Rayan Muna Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

1780

House Bill No.

Introduced by Bayan Muna Representatives
CARLOS ISAGANI T. ZARATE and NERI J. COLMENARES,

AN ACT
REQUIRING THE MANDATORY LABELING OF FOOD AND FOOD
PRODUCTS CONTAINING GENETICALLY-MODIFIED ORGANISMS AND
FOOD PRODUCED BY GENETIC ENGINEERING TECHNOLOGIES,
AMENDING FOR THAT PURPOSE REPUBLIC ACT 3720, OTHERWISE
KNOWN AS THE FOOD, DRUGS AND DRUG DEVICES AND COSMETIC ACT,
AND REPUBLIC ACT 7394, OTHERWISE KNOWN AS THE CONSUMERS’ ACT
OF THE PHILIPPINES, AND FOR OTHER PURPOSES

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

Section 1. Short Tit. This Act shall be known as “Genetically-Modified (GM) Food
Labeling Act.”

Section 2. Declaration of Policy. It is the policy of the State to protect the interests of the
consumer, promote his general welfare and to establish standards of conduct for businiess and
industry as stated in Consumer Act of the Philippines (R.A. 7394) . Towards this end, the State
shall implement measures to achieve the following objectives: a) protection against hazards to
health and safety; b) protection against deceptive, unfair and unconscionable sales acts and
practices; ¢) provision of information and education to facilitate sound choice and the proper
exercise of rights by the consumer; and d) provision of adequate rights and means of redress.
Likewise, the Constitution provides that the State shall “protect and promote the tight to health
of the people and instill health consciousness among them.”

It is hereby declared policy of the State that the consumers have the right to know the
materials with which their food is produced. Proper and instructive labeling of food products
allows consumers to evaluate consumption risks and have informed choice when purchasing
these products.


Section 3. Mandatory Labeling Requirement. All food and food products containing
genetically-modified organisms, as well as those produced by genetic engineering technologies,
shall be labeled in accordance with the provisions of this Act. For this purpose, Article 84 of RA
7394, otherwise known as the Consumers’ Act of the Philippines, is hereby amended as follows:

“Article 84. Additional Labeling Requirements for Food. — The following additional
labeling requirements shall be imposed by the concerned department for food:

4) expiry of expiration date, where applicable;

b) whether the consumer product is semi-processed, fully processed, ready-to-cook,
ready-to-eat, prepared food or just plain mixture;

6) nutritive value, if anys
d) whether the ingredients use are natural or synthetic, as the case may be;
¢) whether the product of any of the ingredients are genetically-engineered;

All food and food products domestically sold, whether manufactured locally or
imported, and which contain genetically-modified organisms, including those produced
by genetic engineering technologies; shall indicate in their respective labels of
packaging the notice, THIS PRODUCT CONTAINS GENETICALLY-MODIFIED
ORGANISMS, OR WAS PRODUCED WITH GENETICALLY-ENGINEERED
MATERIAL, The notice must be clearly legible and conspicuous and shall indicate the
source of the foreign gene spliced and/or the genetic engineering process used’on the
food or food product concerned.

£) {e)] such other labeling requirements as the concerned department may deem necessary
and reasonable

For purposes of the above sub-section, the following definitions shall apply:

“(1) ‘genetic engineering’, also called genetic modification, is the direct human
manipulation of an organism's genome using modern DNA technology. It involves the
introduction of foreign DNA or synthetic genes into the organism;

“() ‘genetically-modified organism’ (GMO) - means an organism, with the exception of
human beings, in which the genetic material has been altered in a way that does not occur
naturally by mating and/or natural recombination;

“@) ‘genetically modified food’ means food containing, consisting of or produced from
GMOs; and

(4) ‘ingredient’ shall mean any substance, including additives, used in the manufacture ot
preparation of a foodstuff and still present in the finished product, even if in altered form.

Section 4. Mishranding of Food and Food Products. All food and food products which do not
coraply with the provisions of this Act shall be considered as misbranded. For this purpose,


Section 15 of RA 3720. otherwise known as the Food, Drugs and Drug Devices, and Cosmetic
‘Act, is hereby amended by adding the following subsections:

“Section 15. A food shall be deemed to be misbranded:
(@) Ifits labeling is false or misleading in any particular;
XXXX

() Ifit purports of claims to be naturally-grown food or food product when it fact
it contains genetically-modified organism or is product of genctic engineering
technology;

(m) If it contains any genetically-modified organism or is a product of genetic
engineering, unless it bears labeling stating this fact pursuant to the provisions of R.A.
7394, as amended; and

(n) The provisions in Section 15(e)(2) of this Act shall in no case apply to food
and food products containing genetically-modified organisms, including those produced
with genetic engineering technologies.”

Section 5. Inapplicability of Provisions on Regulations: Making Exceptions. The power of the
Secretary of Health to make exemptions from the rules and regulations implementing R.A. 7394
and R.A. 3720, shall in no case apply to food or food products containing genetically-modified
organism, including those produced using genetic engineering technologies.

Section 6. Information-Dissemination. The Department of Health (DOH), through the
Food and Drugs Administration (FDA), shall cause to be disseminated to the general public all
available information concerning food and food products containing genetically-modified
organism, including those produced using genetic engineering technologies.

Section 7. Importation of Offer of Information of Food and Food Products Containing Genetically.
Modified Organisms or Produced Using the Genetic Engincering Technologies. The provisions of Seétion 30
of R.A. 3720, as amended, shall apply to all importation or offers of importation of food and
food products containing genetically-modified organism, including those produced using genetic
engineering technologies.

Section 8. Food and Food Products Already on the Market. All food and food products
containing genetically-modified organism, including those produced using genetic engineering
technologies, already on the market at the effectivity date of this Act which have not yet
complied with the provisions hereof, shall so comply with the mandatory labeling requirement in
Section 3 of this Act within a period of one (1) year from the date of effectivity of this Act.

Section 9. Penal Provisions. Without prejudice to any civil action for damages that may be
instituted by any private offended party, any person who shall violate the provisions of this Act
or its implementing rules and regulations shall, upon conviction, be subject to imprisonment of
not less than six (6) years and one day but not more than twelve (12) years, or a fine of not less
than One Hundred Fifty Thousand Pesos (P150,000.00) nor more than One Million Pesos
(P1,000,000.00), or both, at the discretion of the court.


If the offender is a juridical person, the penalty shall be imposed upon its president,
manager, or head. If the offender is an alien, he shall, after service of sentence, be immediately
deported without a need of any further proceedings.

Section 10, Implementing Rudes and Regulations, ‘The Department of Trade and Industry
(DTD, in consultation with appropriate government agencies, industry representatives, civic
organizations, non-government organizations, people’s organizations and other professionals,
shall promulgate the necessary rules and regulations for the effective implementation of this Act
within ninety (90) days from the date of effectivity thereof.

Section 11. Separability Clause. Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provision of this Act is hereby repealed, modified or amended accordingly.

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

Approved,