FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )

Second Regular Session )
HOUSE OF REPRESENTATIVES
H.No, 09

Introduced by Representative Teodorico T. Haresco

EXPLANATORY NOTE

Article II, Section 15, of the 1987 Constitution provides that "the State shall protect
and promote the right to health of the people and instill health consciousness among them."

At present, the only existing law which somehow deals with the proper labeling of
food is Republic Act No. 3720 also known as the Food, Drug and Cosmetic Act. However,
there is a need fora law which specifically mandates the manufacturers, packagers, or
distributors to indicate the nutritional value of food products on their labels.

To protect and promote the health of the consumers, there is an urgent need for
proper labeling of nutritional contents in food products. The consuming public should be
well-informed regarding the pertinent nutritional facts about the food they eat.

This bill, therefore, seeks to promote health consciousness among the public through
proper labeling of nutritional contents in food products.

In view of the foregoing, the passage of this bill is earnestly sought.

eerse
TEODORICO T. RECO

Representative


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

H. No.

Introduced by Representative Teodorico T. Haresco

AN ACT
TO PRESCRIBE NUTRITION LABELING FOR FOOD PRODUCTS, AND
PROVIDING FRAMEWORK FOR ITS IMPLEMENTATION AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the "Philippine Nutrition
Labeling Act of 2011."

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State
to ensure that consumers have access to accurate information as to the nutritional contents
of food and food products to facilitate value comparison and promote a free market
economy.

SECTION 3. Definition of Terms. -

(a) The term “label” means any written, printed, or graphic matter affixed to any
consumer commodity or affixed to or appearing upon a package containing any
consumer commodity.

(b) The term "package" means any container or wrapping in which any
consumer commodity is enclosed for use in the delivery or display of that consumer
commodity to retail purchasers but does not include —

(1) Shipping containers or wrapping used solely for the transportation of
any consumer commodity in bulk or in quantity to manufacturers, packers, or
processors, or to wholesale or retail distributors thereof; or

(2) Shipping containers or outer wrappings used by retailers to ship and
deliver any commodity to retail customers if such containers and wrappings
bear no printed matter pertaining to any particular commodity.


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{c) The term “food” means any material usually of plant or animal origin, containing
or consisting of essential body nutrients that must be taken in or assimilated by a person as.
nourishment to maintain life and growth.

SECTION 4. Requirements of labeling. -

(a) The. commodity shall bear a label specifying the identity of the commodity
and the name and place of business of the manufacturer packer, or distributor.

(0) The separate label statement of nutritional content shall appear its conspicuous
and easily legible type in distinct contrast by typography, layout, color, embossing, or
molding with other matter on the package.

(c) The label shall also contain the following:

(1) number of servings or other units of measure per container;

(2) the total number of calories derived from any source and derived
from the total fat;

(3) The amount of the following nutrients in each serving size or other unit of
measurement of food —

"Total fat, saturated fat, cholesterol, sodium, total carbohydrates, complex
carbohydrates, sugars, dietary fiber, and total protein";

(4) any vitamin, mineral, or other nutrient required to be placed on the
label or labeling of food if it is determined that such information will assist
consumers in maintaining healthy dietary practices.

(d) If a food contains insignificant amounts, as determined by the Bureau of Food
and Drugs, of all the nutrients required to be listed in the label or labeling of food, the
requirements of such shall not apply to such food ifthe label, labeling, or advertising
of such food does not make any claim with respect to the nutritive value of such food.

(e) No packaged consumer commodity shall be distributed or caused to be
distributed in commerce unless it conforms to the regulations set by this Act and established
by the Bureau of Food and Drugs.

SECTION 5. Punishable Acts. -

(a) It shall be unlawful for any person engaged in the packaging or labeling of
any consumer commodity for distribution in commerce, or for any person engaged in
the distribution in commerce of any packaged or labeled consumer commodity, to
distribute or to cause to be distributed in commerce any such commodity if such commodity
is contained in a package, or if there is affixed to that commodity a label, which does


not conform to the provisions of this Act and of regulations promulgated under the authority
of this Act.

(b) This prohibition shall not apply to persons engaged in the business as
wholesale or retail distributors of consumer commodities except to the extent that
such persons (1) are engaged in the packaging or labeling of such commodities, or (2)
prescribe or specify by any means the manner in which such commodities are packaged or
labeled.

SECTION 6. Sanctions. —

After investigation, any of the following administrative penalties may be imposed:

a) the acceptance of a voluntary assurance of compliance or discontinuance from

respondent which may include any or all of the following terms and conditions:

(1) an assurance to comply with the provisions of this Act and its implementing
tules and regulations;

(2) an assurance to recall, replace, or refund the money value of products not
properly labeled which were already distributed in commerce;

b) the condemnation and seizure of the consumer product found to be hazardous to
health and safety;

c) the imposition of administrative fines in such amount as deemed reasonable by
the Secretary, which shall in no case be less than ten thousand pesos
(Php10,000) nor more than three hundred thousand pesos (Php300,000)
depending on the gravity of the offense, and an additional fine of not more than
one thousand pesos (Php 1,000.00) for each day of continuing violation.

SECTION 7. Consumer Education. - The Secretary of the Department of Health
with the Bureau of Food and Drugs shall carry out activities which educate consumers
about-

(1) the availability of nutrition information in the label or labeling of food, and

(2) the importance of that information in maintaining healthy dietary practices.

SECTION 8. 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 9. 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.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after
publication in at least two (2) newspapers of general circulation.

Approved,