c 
c 
c: 
< 
1 
" 1 
I 
~--- ----------------------------
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'senate 
li!)ff.:, of !~, jicmrl .. , 
'13 
nUG 15 P3 :23 
SENATE 
, 
S. No. 
1 326 
Y 
.~ 
_______________ 
~ __________ 
I~t~E_('~F~f·_, __ 
J_ll_':~ l 
Introduced by Senator Miriam Defensor Santiago 
,1< 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
Cardiovascular disease is the leading cause of mortality in the Philippines. A report from 
the Department of Health stated that in '2003, it accounted for 30.2% of deaths among Filipinos. 
Increase in body mass index, also known as obesity or being overweight, is an important cause of 
chronic disease. The World Health Organization (WHO) expects that the percentage of Filipino 
obese men over thirty will increase from 23% of the population in 2005 to 24% in 2015, while 
the rate for women will increase from 34% in 2005 to 44% in 2015. The WHO also noted that 
80% of premature heart disease, stroke and type two diabetes and 40% of cancers can be 
prevented through a healthy diet. 
Weight gain occurs when more calories are consumed than are expended. Small calorie 
excesses over time have a cumulative effect. Eating out, and eating extra calories while eating 
out, contributes disproportionately to the excess calorie intake that fuels the obesity epidemic. 
The increase in consumption of away-from-home foods has been facilitated by the expansion of 
restaurant chains, which serve food that is easily available, inexpensive, and high in calories. 
There are abundant data. to show that people who eat at fast food establishments consume more 
calories and miss out on the more nutrient rich food groups. Consumers are unaware of the 
calorie and nutritional content of their choices and this leads to an unhealthy eating pattern. 
1 


Consumers lack easily accessible information to make informed choices when eating in 
restaurants. Nutrient content information provided at the time of food selection in food service 
establishments would enable consumers to make more informed, healthier choices and can 
reasonably be expected to reduce obesity and the many related health problems which obesity 
causes. Provision of calorie and nutrient information on menu and menu boards is an important 
way to accomplish the mandate of the Constitution. The consuming public is unable to make an 
informed choice as to which menu item is more nutritious as opposed to others in a food service 
establishment. This bill seeks to address the problems of obesity, improper nutrition and the 
diseases they cause. This will give consumers an informed choice when placing orders in food 
service establishments.' 
Lw,- 4k.~~ 1~~~ 
MIRIAM DEl!JNSOR ~rcfo 
~ 
• This bill was originally filed in the Fourteenth Congress, Second Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
REQUIRING THE POSTING OF NUTRITIONAL CONTENT 
'13 
AUG 15 P3 :23 
3 
INFORMATION IN MENU BOARDS OF FOOD SERVICE ESTABLISHMENTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION L Short Title. - This Act shall be known as the "Nutritional Content in Menu 
5 
Boards Act." 
6 
SECTION 2. Definition of Terms. - As used in this Act, the term-
7 
(A) 
"Covered food service establishment" is a food service establishment that is one 
8 
of a group of 15 or more food service establishments doing business nationally, offering for sale 
9 
substantially the same menu items, in servings that are standardized for portion size and content, 
10 
that operate under common ownership or control, or as franchised outlets of a parent business, or 
11 
do business under the same name; 
12 
(B) 
"Menu" shall mean a printed list or pictorial display of a food item or items, and 
13 
their price(s), that are available for sale from a covered food service establishment and shall 
14 
include menus distributed or provided outside of the establishment; 
15 
(C) 
"Menu board" shall mean any list or pictorial display of a food item or items and 
16 
their price(s) posted in and visible within a covered food service establishment or outside of a 
17 
covered food service establishment for the purpose of ordering from a drive-through window; 
18 
(D) 
"Menu item" shall mean any ,individual food item, or combination of food items, 
19 
listed or displayed on a menu board or menu that is sold by a covered food service establishment; 
20 
21 
(E) 
(F) 
"Department" refers to the Department of Health; and 
"Secretary" refers to the Secretary ofHeaIth. 
1 
" 
,j 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
SECTION 3. Scope and Applicability. ~ ThiS Act shall apply to menu items that are 
served in portions the size and content of which are standardized at a covered food service 
establishment. This section shall not apply to menu items that are listed on a menu or menu 
board for less than 30 days in a calendar year. 
SECTION 4. Compliance Certificate Requirement. -
(A) 
A compliance certificate issued by the Department shall be required prior to the 
operation of any food service establishment. The owner of the establishment shall file an 
application for a compliance certificate with the Department on a form prescribed by the 
Department; 
(B) 
All certificates issued by the Department under this Act shall expire after three 
11 
years from date of issue and may be renewed by submission to the Department at least 30 days 
12 
before the expiration date a compliance certificate renewal application; 
13 
14 
15 
16 
17 
(C) 
The Department may refuse to renew the certificate of any owner or operator who 
has been found to be in violation ofthis Act; 
(D) 
Each food service establishment shall be inspected at least once every three years 
after the initial year in which the establishment was granted a certificate; 
(E) 
Existing food service establishments have two years from the date of effectivity of 
18 
this Act to secure a compliance certificate, subject to reasonable rules to be prescribed by the 
19 
Secretary. 
20 
SECTION 5. Requirements for Food Establishments. - Before an operator may be 
21 
granted a compliance certificate, he must observe the following requirements-
22 
(A) 
All menu boards and menus in any covered food service establishment shall 
23 
contain the nutrient content in each serving size or other wlit of measurement of the food 
24 
including the total fat, saturated fat, cholesterol, sodium, sugars, dietary fiber, total protein, and 
25 
any vitamin, mineral or other nutrient required to be placed on the menu if it is determined that 
26 
such information will help the consumer in maintaining healthy dietary practices; 
2 


1 
(B) 
All menu boards and menus in any covered food service establishment shall bear 
2 
the total number of calories derived from any source for each menu item they list. Such 
3 
information shall be listed clearly and conspicuously, adjacent or in close proximity such as to be 
4 
clearly associated with the menu item, using a font and format that is at least as prominent, in 
5 
size and appearance, as that used to post either the name or price of the menu item; 
6 
(C) 
Calorie content values (in kilo calories) and nutrient values required by this 
7 
section shall be based upon a verifiable analysis of the menu item, which may include the use of 
8 
nutrient databases, laboratory testing, or other reliable methods of analysis, and shall be rounded 
9 
to the nearest ten calories for calorie content values above 50 calories and to the nearest five 
10 
calories for calorie content valnes 50 calories and below; 
11 
(D) 
When a food item is displayed for sale with a food item tag, such food item tag 
12 
shall include the calorie content value and nutrient information for that food item in a font size 
, ,.'" 'f' 
13 
and format at least as prominent as the font size of the name of the food item; 
14 
(E) 
Calorie content values and nutrient content at drive-through windows shall be 
15 
displayed on either the drive through menu board, or on an adjacent stanchion visible at or prior 
16 
to the point of ordering, so long as the calorie and nutrient content values are as clearly and 
17 
conspicuously posted on the stanchion adjacent to their respective menu item names, as the price 
18 
or menu item is on the drive through menu board; 
19 
(F) 
For menu items offered in different flavors and varieties, including, but not 
20 
limited to, beverages, ice cream, pizza, and doughnuts, the range of calorie content values 
21 
showing the minimum to maximum numbers of calories for all flavors and varieties of that item· 
22 
shall be listed on menn boards and menus for each size offered for sale, provided however that 
23 
the range need not be displayed if calorie content information is included on the food item tag 
24 
identifYing each flavor or variety of the food item displayed for sale; 
25 
(0) 
For combinations of different food items listed or pictured as a single menu item, 
26 
the range of calorie content values showing the minimum to maximum numbers of calories for 
27 
all combinations of that menu item shall be listed on menu boards and menus. If there is only one 
28 
possible calorie total for the combination, then that total shall be listed on the menu boards and 
29 
menus. 
3 


1 
SECTION 6. Penalties. - The Secretary is empowered to establish and assess penalties or 
2 
fines against a permit holder for violations of this Act or regulations adopted under this Act. In 
3 
no circumstance will any penalty or fine exceed PI0,OOO.OO per day for each day the permit 
4 
holder remains in violation of any provision of this Act. 
5 
SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or 
6 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
7 
valid and subsisting. 
8 
SECTION 8. Repealing Clause. - Any law, presidential.decree or issuance, executive· 
9 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
10 
with the provisions ofthis Act is hereby repealed, modified, or amended accordingly. 
" "1" 
11 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
12 
publication in at least two (2) newspapers of general circulation. 
Approved, 
4