Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOusE BiL`L~ir`O.     634 1
Introduced by Representative CIRIAC0 8. GATO, JR. MD. FPSO-HNS
ExpLANATORy NOTn
Cardiovascular diseases (CVDs), particularly coronary heart disease (CHD), account for nearly
half of the  world's  noncommunicable  diseases  (NCDs)  related  deaths.  This  increased  risk  of
CI-ID has been consistently associated with high intake of trans-fatty acids (TFA). TFA  intake
increases the risk of death from any cause by 34% and from coronary heart disease (CHD) by
28%`. It has also been associated with an increased risk for other NCDs and related conditions
such as ovarian cancer2, infertility, endometriosis, Alzheimer's disease, diabetes and obesity.3
As CHD remains to be one of the leading causes of death in the Philippines, with 29,442 cases or
18.7% of the total deaths,4    there should be an intensified campaign to conduct comprehensive
studies on  TFA  and  generate public  awareness  and  support towards the  institutionali2ation  of
TFA elimination measures.
According to the WHO, TFA elimination is one of the simplest and most straightforward public
health  interventions  to  reduce  the  risk  of  CVDs  and  improve  nutritional  quality  of  diets.
Countries  that  regulated  TFA  have  seen  a  significant  decline  in  CHD  deaths.   Denmark's
1 De Souza R, Mente A, Maroleanu A, Cozma Al, Ha V, Kishibe T, et al. Intake of saturated and trans unsaturatecl
fatty acids and risk Of all-cause mortality, cardiovascular disease, and type 2 diabetes: systematic review and meta-
analysis of observational studies. BMJ. (2015) 351:h3978. doi: 10.1136/bmj.h3978/ Trams Fat Free by 2023-A
Building Block of the COVID-19 Response,
https://www.frontiersin.org/articles/10.3389/fnut.2021.645750/full#826,https://doi.org/10.3389/fnut.2021.6457
50
2 Vammine S,  Huybrechts I, Biessy C, Dossus L, Aglago EK, Naudin S, et al. Dietary and circulating fatty acids and
ovarian cancer risk in the European Prospective Investigation into Cancer and Nutrition. Cancer Epidemiol
Biomarkers Prev. (2020) 29:173949. doi: 10.1158/1055-9965.Epl-19-1477
Micha R, Mozzaffarian D. Trams fatty acids: effects on cardiometabolic health and implications for policy. Prostag
Leukotr Ess. (2008) 79:147-52. doi: 10.1016/j.plefa.2008.09.cO8
41 Philippine Statistics Authority, Causes of Death in the Philippines (Preliminary: January to December 2021),
https://psa.gov.ph/content/causes-deaths-DhiliDDines-preliminarv-ianuarvdecember-2021
Page 1 of 14


regulation limiting TFA content to 2g per 100g of fat in food products contributed to a 75%
reduction in CHD-related deaths.  In Argentina, an estimated 301  to  I,517 cardiac deaths every
year were averted by eliminating industrially produced TFA, saving the government as much as
USD 87 million in healthcare costs annually. As more countries regulate TFA, countries without
regulations become vulnerable to dumping of TFA-rich imported food. To protect people from
diet-related  NCDs,  food  compositions,  marketing  restrictions,  nutrition  labelling  and  taxation
policies should be carefully formulated to produce rigorous standards.5
The  urgent  need  for  government  action  and  policy  measures  to  eliminate  TFA  and  protect
cardiovascular health has never been more apparent than during the COVID-19 pandemic where
patients with comorbidities, such as CID, have a hither risk of serious  illness or death. Now
more than ever, the need for preventative health care and healthy lifestyle promotion must be
realized in line with the vision of universal health care.
In the bid towards making Filipinos  and our healthcare  system more resilient to  future  public
health  emergencies,  it  is  imperative  to  respond  to  the  global  call  to  eliminate  TFA  by  2023
through the passage of this bill.
To  meet  the  challenges  of  improving  the  quality  of  health  care  of  our  citizenry  and  the
imperatives of global health developments, the passage of this bill is urgently sought.
CIRIAC0 8. GATO, JR MD. FPSO- HNS
5 World Health Organization. (2021). Countdown to 2023: WHO report on global trans fat elimination 2021.
Page 2 of 14


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETHENTH CONGRESS
First Regular Session
HOusE B]]ibri^O.   63 4 1
Introduced by Representative CIRIACO 8. GATO, JR MD. FPSO-HNS
AN ACT
T0 PROTECT FILIPINOS FROM TIIE HARMFUL EFFECTS OF INDUSTRIAL
TRANS-FATTY ACIDS, ANI) FOR OTHER PURPOSES
Be  it  enacted by the  Senate  and the  House  Of Representatives  Of the  Philippines  in Congress
assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION  I.  Short Title.  - This Act shall be known as the  "iTrans-Fat Free Philippines
Act.„
SEC. 2. Declaration of Policy.  - It is the policy of the  State to protect and promote the
right  to  health  of the  people  and  instill  health  consciousness  among  them.  The  State  also
mandates the adoption of an integrated and comprehensive approach to health development.
To  this  end,  the  State  shall  devote  significant  material  and  institutional  resources  to  protect
public health by ensuring that the Philippine health system is well-prepared to forecast, prevent,
monitor, and control diseases, injuries, and disabilities of national and international concern.
The  State shall prioritize right to health promotion and preventive care  intervention to protect
Filipinos  from the threat of death and diseases linked to unsafe  food  such as trams-fatty acids
(TFA) consumption by progressively removing industrially produced TFAs from the food supply
to achieve improved nutrition quality and outcomes.
Page 3 of 14


SEC. 3. Definition of Terms. -As used in this Act:
(a)  Certificate of Product Registration (CPR) refers to an  authorization  issued by the Food
and Drug Authority (FDA) for specific health products including food, after evaluation
and approval of submitted registration requirements;
(b) Coconut  oil  refers  to  one  of the  healthy  oil  alternatives  despite  being  classified  as
primarily a medium-chain fatty acid (MCFA) and a saturated fat whose 64% content of
saturated fatty acid (SFA) makes it uniquely beneficial as a stable oil that is non-fattening
and has anti-oxidant, anti-microbial and anti-toxic properties;
(c)  Distributor refers to  any person to whom  a consumer product is delivered or sold  for
purposes  of distribution  in  commerce,  excluding  the  manufacturer  or  retailer  of such
product. Distributors may be importers, exporters, traders and wholesalers;
(d) Food  refers  to  any  substance  or  product,  whether  processed,  partially  processed  or
unprocessed that is  intended for human consumption.  It includes drinks,  chewing gum,
water  and  other  substances  that  were  used  as  an  ingredient  or  a  component  in  the
manufacture, preparation or treatment of food, such as oils and fats, whether sold alone or
incoxporated in processed food and/or prepackaged food;
(e)  Food  service  establishment  refers  to  any  establishment  that prepares,  serves,  markets,
sells, or offers for sale, food or drink to be consumed within the establishment or taken-
Out;
(f)  Healthy  alternative  oils,   fats,  and  oilseeds  refer  to  oils,  and  fats  rich   in  saturated,
monounsaturated, and medium chain fatty acids, which are stable to heat, do not create a
significant  amount  of free  radicals  during  heating,  and  contain  the  least  toxins  and
unnecessary toxic chemicals such as trans-fat;
(g) Importer refers to the  consignee or the Philippine agent or representative of a foreign
owner or consignee of raw materials, ingredients and/or finished products at the time of
entry of such article into the Philippines;
(h) Industrially-produced trans fatty acid (TFA) refers to trams-fat other than TFA naturally
occurring in fat of animal origin and produced by hydrogenation or formed through high
heat;
(i)  License  to  Operate  (LTO)  refers  to  a  license  granted  by  the  FDA  to  establishments
involved   in   the   manufacturing,   packaging,   re-packaging,   importation,   exportation,
distribution, and retailing of processed foods, drugs, medical devices, in vitro diagnostic
rcagents, cosmetics, and household hazardous substance products;
Page 4 of 14


¢)  Manufacturer refers to an establishment engaged in any and all operations involved in the
production   of   health   products,    including   preparation,    processing,    compounding,
formulating, filling, packaging, repacking, altering, ornamenting, finishing and labelling
with the end view of its storage, sale or distribution. In case of imported food products,
the manufacturer's representative or,  in his absence, the importer,  shall be deemed the
manufacturer;
(k) Micro, small and medium enterprise (MSME) refers to any business activity or enteaprise
engaged   in   industry,   agribusiness   and/or   services,   whether   single   proprietorship,
cooperative, partnership or coaporation whose total assets, inclusive of those arising from
loans but exclusive of the land on which the particular business entity's office, plant and
equipment are situated,  and must have value  falling under the following categories:  (i)
Micro:   not   more   than   P3,000,000;   (ii)   Small:      P3,000,00l-P15,000,000;   and   (iii)
Medium: PI 5,000,001 -P loo,000,000.
The above definitions shall be subject to review and adjustments by the Micro, Small and
Medium Enterprises Development (MSMED) Council under Section 6 of RA 9501  or the
Magma  Carta  for  Micro,  Small  and  Medium  Entelprises,  or  upon  recommendation  of
sectoral  organizations  concerned,  taking  into  account  inflation  and  other  economic
indicators;
(I)  Partially hydrogenated oil (PHO) refers to fat or oil that has been hydrogenated, but not
to complete or near complete saturation, and preferably determined and analyzed by gas
chromatography method;
(in)Prepackaged food refers to processed food prepared in advance and placed in a container,
labelled and ready for sale or distribution, or for catering purposes;
(n) Processed  food  refers  to  the  product  obtained  from  the  processing  stage  of the  food
supply  chain.  The  processing  stage  of the  food  supply  chain  refers  to  any  action  that
substantially alters the initial raw materials or product or ingredients including,  but not
limited to, heating,  smoking, curing, maturing, drying, marinating, extraction,  extrusion
and a combination of those processes intended to produce food;
(o) Retailer refers to any establishment that sells or offers to sell any food product directly to
the general public;
a) Trams fatty acid (TFA)- all  fatty acids with a double bond in the trams configuration,
regardless  of whether they  are  produced  industrially  or  come  from  ruminant  sources.
Naturally occurring trans fats, like those coming from ruminant sources (e.g., cow, goat,
carabao, lamb, deer, etc.) are perfectly safe and healthy for humans. Industrially produced
trams fats, both coming from hydrogenation and those formed through high heat, are the
ones which are toxic and should be removed from the food supply;
Page 5 of 14


(q) Ruminant TFA refers to TFAs formed by bacteria in the stomach of cattle,  sheep,  and
goats. These trans fats typically comprise 2-6% of the fat in the dairy products and 3-9%
of the fat in cuts of beef and lamb
(r)  Saturated  fatty acid  (SFA) refers to  fatty acids that contains the maximum number of
hydrogens  possible,   and  no  carbon-carbon  double  bonds.   Saturated  fatty  acids  are
classified as short chain (1-5 carbons), medium chain (6-12 carbons), and long chain (13-
21 carbons) and very long chain (contains 22 and more carbons) according to the carbon
chain length;
SEC.  4.  Scope  and  Application.  -  This  Act  shall  apply  to  all  food  business  operators  as
defined under Republic Act No.  10611  or the "Food Safety Act."
ARTICLH 11
ROLHS AND RESPONSIBILITIES 0F GOVERNMENT AGENCIHS
SEC. 5. Lead Agency. -The DOH shall be the lead agency responsible for ensuring that the
provisions of this Act are  implemented  effectively.  It shall  exercise the  following powers  and
functions:
a)   Convene and lead the inter-agency TFA Task Force composed of the following agencies:
(i)         National Nutrition council (NNC);
(ii)        Food andDrugAuthority (FDA);
(iii)      Department of the Interior and Local Government (DILG);
(iv)       Department of Trade and Industry (DTI);
(v)        Department of science and Technology (DOST);
(vi)       Department of Agriculture (DA);
(vii)     Philippine coconut Authority (PCA);
(viii)    Union of Local Authorities of the philippines (ULAP), and
(ix)       Other agencies and technical experts that shall be identified by the DOH.
b)  Issue policies, rules, regulations and standards for the implementation of this Act; and
c)  Oversee and monitor the implementation of this Act.
Page 6 of 14


SEC. 6. Assistance and Capacity Building for Local lmplementation and Enforcement. -The
FDA shall,  in coordination with DILG and other relevant agencies,  strengthen the capacity of
local  government units (LGUs)  in  implementing and enforcing the provisions of this Act with
regard  to  prepackaged  and processed  food produced  and  marketed  in traditional  markets  and
food   service   establishments.   The   FDA   shall   assist   LGUs   in   regulating   food   service
establishments, upon request of the LGU, which shall include the use of laboratories for testing
and sharing of information relevant to products registered with the FDA.
On  processed  food  products,  the  FDA  shall  assist  the  LGUs  in  terms  of providing  pertinent
regulatory policies,  information on  registered  products,  and list of accredited  laboratories that
can perform appropriate test.
The   FDA   shall,   as   deemed   possible,   and   in   coordination   with   pertinent   agencies   and
instrumentalities, establish laboratories in every province, or at least one in every region.  Such
laboratories  must  be  established  in  strategic  areas  and  within  a  reasonable  distance  from  the
producers of oils, manufacturers or producers of prepackaged and processed foods, traditional
markets and food service establishments.
SEC. 7. Research and Development. -The DOST shall:
(a)  Conduct continuing research to  identify and develop healthy alternative oils and food
products such as:
(i)  Healthy    alternative    oilseeds    through    crop    diversification    programs    and
agricultural research, in coordination with the DA;
(ii) Healthy  oils  and   fats,   including  coconut  oil,  through  the  application   of  oil
modification techniques and other methods; and
(ii i)Healthy food products through product reformulation research and development;
(b) Develop or adopt technology, in coordination with the FDA and PCA, to reduce the cost
of TFA testing;
(c)  Use,   in   coordination   with   DA,   existing   facilities   and   technology   of  government
instrumentalities, such as the PCA's Research and Product Quality Control Laboratory,
to reduce the cost of developing a technology for TFA testing;
(d) Conduct intensive research and studies, in coordination with the DA and the PCA, on
coconut oil, being an indigenous natural oil, as possible healthier oil alternative to PHO,
and on its beneficial saturated fatty acids content;
(e)  Regularly  assess,   in  coordination  with  the  Food  and  Nutrition   Research   Institute
(FNRI),   the   TFA   consumption   among   Filipinos   as   basis   for   determining   the
effectiveness of this legislation;
Page 7 of 14


SEC.   8.   Oilseeds   Crop   Diversification.   -   The   DA   shall   implement   an   oilseeds   crop
diversification  program   and  conduct  continuing  research  and  development  to   support  the
production of healthy alternative oilseeds in coordination with DOST.
The DA, together with DOST-PCAARRD and PC, and DTI shall be the lead agencies that will
conduct  continuing  research  and  development  on  oil  seeds  crop  diversification,  production,
hybridization, and value-adding of healthy alternative oilseeds, including coconut seedlings.
SEC. 9. Trainings and Seminars on Reformulation. - The DOH, in coordination with FDA,
DTI, DOST-Philippine Council for Health Research and Development, DOST-FNRI, DILG, and
the  Technical  Education  and  Skills  Development Authority  (TESDA),  shall  conduct trainings
and seminars for food business operators and food service establishments on the reformulation of
food products to comply with the provisions of this Act, and the use of healthy alternatives of
oils.
The  TESDA  shall  offer  trainings  and  services  on  food  safety  and  handling  pursuant  to  the
objectives of this Act.
ARTICLE Ill
PROHIBITED ACTS
SEC.  I 0.  Prohibition on the Manufacture,  Importation, Distribution and Sale of PHOs and
Oils and Fats with High TFA Content. - The manufacture, importation, distribution and sale of
the following are prohibited, whether domestic or imported:
(a)  PHOs to be consumed alone or used in preparation of food products;
(b) Oils and fats made or blended with PH0s; and
(c) Oils and fats with TFA content of 0.50g/100g or more.
TFA  in  excess  of 0.50g/100g  from  ruminant  sources  and  food  products  with  naturally-
occurring TFA shall be excluded from this prohibition.
Food products intended for export should not also contain TFA, regardless if the country of
destination has a ban on TFA. The Philippines shall not be a source of TFA in the international
food market.
It shall be the burden of the manufacturer, importer, distributor or seller to demonstrate that
TFA in excess of o.50g/100g is from ruminant sources.
No registration, license or permit shall be issued to any food manufacturer, or distributor that
manufactures, distributes, or sells food in violation of this provision.
SECTION   11.   Prohibition  on  the  Manufacture,   Importation,   Distribution  and  sale  of
processed  and  prepackaged  food  with  PHOs  and  high  TFA  content  -  The  manufacture,
importation, distribution and sale of the following are prohibited:
Page 8 of 14


a)   Processed and prepackaged food prepared with PHOs, including food prepared by food
service establishments;
b)   Processed and prepackaged food prepared with oils and fats made or blended with PHOs,
including food prepared by food service establishments; and
c)   Processed and prepackaged food with TFA content of more than 2g per 100g of total fat,
excluding TFA content from ruminant sources.
It shall be the burden of the manufacturer, importer, distributor or seller to demonstrate that
TFA in excess of 2g per 100g is from ruminant sources.
SEC.   12.  Prohibition  on  Trans  Fat  Free  Claims.  -  Claims  on  the  packaging,  labelling,
marketing, or advertising, that a food product is TFA free is prohibited. A TFA free claim is any
claim  that  states  or  suggests that the  food product does not contain  TFA,  such  as  "Trans  Fat
Free," with "0g Trans Fat," or any other similar claim, consistent with FDA regulations.
SEC.  13.   Material Misrepresentation.  - Any material misrepresentation with regard to the
requirements  mandated  by  the  FDA  in  the  application  for  a  CPR  shall  be  a  ground  for  the
imposition of appropriate penalties prescribed under this Act.
Any misrepresentation made on the application for CPR will hold the food business operator
liable as provided for in pertinent laws.
ARTICLE IV
ENFORCEMENT
SEC.   14.   Enforcing  Agencies.   -  The   FDA   and   LGUs   shall   be   responsible   for  the
enforcement of this Act with regard to the following food products:
(a)Processed and Prepackaged food -The FDA shall enforce the provisions of this Act in
relation to prepackaged and processed food including oils and fats, whether domestic or
imported; and
(b)Food produced and marketed in traditional markets and food service establishments - The
LGUs shall enforce the provisions of this Act with regard to prepackaged and processed
food  produced  and  marketed  in  traditional  markets  and  food  service  establishments
within their jurisdiction.
SEC.  15. Inspection Powers and Record-Keeping. -The FDA, through its authorized agents,
shall have the power to  inspect the premises and records of food manufacturers to  determine
compliance  with  this  Act.  The  FDA  shall  issue  guidelines  on  record-keeping  and  inspection
procedures.  The  FDA  Field  Regulatory  Operations  Office  shall  use  its  prevailing  suitable
guidelines pertaining to record keeping and inspection procedures.
Page 9 of 14


SEC.16. Enforcement Procedure for Processed and Prepackaged Food. -  The existing rules
of procedure in administrative proceedings of the FDA shall apply in the handling of cases and
violations committed under this Act with regard to processed and prepackaged food, whether
domestic or imported. In the case of imported processed and prepackaged food, the existing rules
of procedure of the DOF-Bureau  of Customs  and the  Bureau  of Import  Services  and  Export
Marketing Bureau of the DTI shall apply in the enforcement of this Act.
SEC.  17.  Enforcement  for  Traditional  Markets  and  Food  Service  Establishments.  -  The
LGUs, through an appropriate issuance, shall establish a mechanism to enforce the provisions of
this  Act with  regard  to  prepackaged  and  processed  food  that  are  produced  and  marketed  in
traditional  markets  and  food  service  establishments  within  their jurisdiction.  The  LGUs  may
impose penalties for violations thereof.
SEC.18.  Civil  Society  Participation  for  Monitoring TFA.  -The  FDA  shall  encourage the
citizens to be vigilant and report any violations of this Act in a consumer complaints mechanism
including   in   electronic   portal   system.   To   this   end,   the   FDA   shall   implement   programs
encouraging  citizen participation  in the conduct of post-market monitoring of TFA  content  in
food and reporting of violations of this Act.
ARTICLE V
FINES AND PENALTIES
SEC.19. Administrative Penalties. -The following administrative penalties shall be imposed
on food business operators found to be in violation of Sections 10,11, and 12 of this Act:
(a) For the first violation, a fine of not less than Fifty Thousand Pesos a'50,000.00) but not
more  than  One  Hundred  Thousand  Pesos  (P100,000.00)  and  suspension  of the  CPR
and/or LTO for one ( I ) month;
(b) For  the  second  violation,  a  fine  of  not  less  than  One  Hundred  Thousand  Pesos
¢100,000.00)  but  not  more  than  Two  Hundred  Thousand  Pesos  (P200,000.00)  and
suspension of CPR and/or LTO for three (3) months; and
(c)  For   the   third   violation,   a   fine   of  not   less   than   Two   Hundred   Thousand   Pesos
(P200,000.00)   but   not   more   than   Three   Hundred   Thousand   Pesos   (P300,000.00),
suspension  of CPR and/or LTO  for one  (I) year or revocation of the CPR,  LTO,  and
other relevant licenses and permits.
The following administrative penalties shall be imposed on food businesses operators found
to be in violation of section 13 of this Act:
(a) For  the   first  violation,   a   fine   of  not   less   than   One   Hundred   Thousand   Pesos
(P100,000.00)  but  not  more  than  Two  Hundred  Thousand  Pesos  (P200,000.00)  and
suspension of the CPR and/or LTO one (1) year; and
Page 10 of 14


(b) For  the   second  violation,   a  fine  of  not  less  than   Two   Hundred  Thousand  pesos
(P200,000.00)  but  not  more  than  Three  Hundred  Thousand  Pesos  (P300,000.00)  and
revocation of CPR and/or LTO.
The   imposition   of  fines   shall  take   into   consideration  the   annual   gross   sales,   capital
investment and employee size of the food business operator.
SEC. 20. Imprisonment. - In addition to administrative penalties, the following penalties of
imprisonment may be imposed on food business operators:
(a) For violations under Sections 10,11, and 12, imprisonment of not less than one (I) month
but not more than six (6) months;
(b) For violations  under  Section  13,  imprisonment of not  less than  six  (6)  months but not
more than one ( I ) year.
Criminal  and administrative actions  for violations of this Act may be  instituted  separately
and independently from one another.
Should the offense be committed by a juridical person, the Chair of the Board of Directors,
the President, General Manager, or the partners and/or the persons directly responsible therefor
shall be penalized.
If the offender is an alien, he shall be deported after service of sentence and payment of fine
without further deportation proceedings.
In case the violation  is committed by,  or in the  interest of, a foreign juridical  person duly
licensed  to  engage  in  business  in  the  Philippines,  such  license  to  engage  in  business  in  the
Philippines shall be immediately revoked.
The above penalties shall not preclude the imposition of applicable penalties by LGUs, and
any other sanctions under applicable laws, rules, and regulations.
SEC.  21.  Other Penalties.  -In  addition to the  foregoing  fines  and penalties, the  following
sanctions may also be imposed:
a)    Seizure and condemnation, destruction and/or appropriate disposition of noncompliant
food products by the FDA;
b)    Revocation or cancellation of business permits and licenses; and
c)    Closure of establishment by the LGUs havingjurisdiction.
Page 11 of 14


ARTICLE VI
TFA TESTING AND HNFORCEMENT CAPACITY
SEC.  22.  Accredited Laboratories and Testing Centers.  - The FDA and DTI-Philippine
Accreditation  Board  (PAB)  shall  coordinate  and adopt a mechanism  to jointly accredit public
and private laboratories capable of testing TFA content in food. The DTI-PAB, as the national
accreditation body of the Philippines, shall provide its services to ensure the capability of local
laboratories in testing TFA content in food.
The  FDA and  DTI-PAB  shall  develop,  issue,  and publish accreditation procedures and
qualification requirements for testing facilities within six (6) months from the effectivity of this
Act.  The  FDA  shall  adopt  mechanisms  to  reduce  the  cost  of TFA  testing  in  all  accredited
laboratories  and  testing  centers.  The  FDA  shall,  in  coordination  with  DA,  use  the  existing
facilities  and  technology  of government  instrumentalities,  such  as  the  PCA's  Research  and
Product Quality Control Laboratory, to reduce the cost for TFA testing.
SEC. 23. Regional  Laboratories and Testing Centers. - Regional laboratories and testing
centers  shall  assist  LGUs  in  monitoring and  enforcing the  provisions  of this  Act  within  their
respective jurisdictions as provided in Section 14.
SEC.  24.  Resources  and  Manpower.  -  The  FDA  shall  determine  and  ensure  sufficient
resources  such  as  human  resource  complement,  upgraded  laboratory  equipment,  and  other
required resources to effectively implement this Act.
The FDA shall, in coordination with DOST, DTI and DA ensure that all regional laboratories
have the equipment and resources to conduct testing of TFA content in food.  The FDA shall
likewise  determine  and  ensure  the  adequacy  of personnel  trained  on  TFA  regulation,  testing,
monitoring and survei I lance.
FDA  and DOST may request for additional plantilla positions to ensure the availability of
personnel for the additional workload to be performed under this Act.
SEC. 25. Duty-free Importation of TFA Testing Equipment. -The importation of laboratory
equipment for testing TFA shall be exempt from payment of customs duties and taxes.
ARTICLE VII
INCENTIVHS FOR REPLACING TFA
SEC.  26.  Early  Compliance  Incentives  for  MSREs.  -  The  DTI  and  LGUs,  through  its
business  process  and  licensing  offices,  shall  develop  and  implement  policies  and  programs
providing incentives for MSMEs to encourage early and progressive voluntary compliance with
this Act.
Page 12 of 14


SEC. 27. Expedited Processing for CPR Applications on Reformulated Products. - The FDA
shall  expedite  the  assessment  of new  CPR  applications  for  food  products  reformulated  in
compliance with this Act.
ARTICLE VIII
NISCELLANEOUS PROVISIONS
SEC. 28. Consumer Information, Education and Communication Program. -The DOH shall,
in coordination with the Philippine Information Agency, Department of Education, Commission
on  Higher  Education,  Department  of  Information  and   Communication  Technology,   DTI-
Consumer   Protection   Group,   and   the   NNC,   develop   and   implement   a   comprehensive
information, education and communications program to raise public and consumer awareness on
the provisions of this Act, the health hazards resulting from  TFA,  sources of TFA  in the diet,
ways to replace PHOs with healthy alternative oils and fats, and proper use of cooking oil to
prevent the formation of TFA.
SEC.  29.  Implementing  Rules  and  Regulations  (IRR).  -  Within  sixty  (60)  days  from  the
effectivity of this Act, the DOH shall develop and issue the IRR of this Act in consultation with
NNC, FDA, DILG, DTI, DOST, DA, and other relevant government agencies and stakeholders.
SEC. 30. Transitory Provisions. -Within two (2) years from the effectivity of this Act:
a)    Food manufacturers shall comply with the additional requirements for CPR application
as determined by the FDA;
b)   Food business operators shall be allowed to sell their existing food products that do not
comply with Sections I 0 and I 1 of this Act; and
c)    Food business operators and food manufacturers  shall ensure their smooth progressive
compliance  within  the  two-year  transition  period  before  the  TFA  ban  takes  effect.
Appropriate  trainings  and  advocacy  shall   be  conducted  aniong  the  food  business
operators to improve their compliance.
All manufacturers, distributors, and retailers of oils and fats, and food service establishments
shall be required to submit their existing inventory of food products to the FDA and DTI as of
the date of effectivity of this Act.  Food business operators  shall  submit their inventory within
sixty (60) days from the effeetivity of the IRR to monitor the phase out of non-compliant food
products.
Thereafter,  taxes  on  food  with  PHO  or  high  TFA  content  shall  be  imposed  after  the
transition period for compliance has expired.
Page 13 of 14


There  shall  be  mandatory  disclosure  in  food  labels  of prepackaged  and  processed  food
products of their PHO and TFA contents pursuant to health and nutrition standards under this
Act.
SEC. 31. Monitoring and Evaluation. -The DOH shall periodically report to the President
and the Congressional Committees on Health, Agriculture and Food, and Trade and Industry on
the  implementation  of this  Act.  The  DOH  shall,  in  coordination  with  DOST-FNRI,  further
monitor and evaluate the following:
a)    TFA exposure screening and surveillance - The DOST-FNRI shall include the regular
screening and monitoring of TFA population consumption in the Expanded National
Nutrition Survey; and
b)    TFA nutrient profiling - The DOST-FNRI shall include the testing and monitoring of
TFA   content   in   food   in  the   Food   Composition  Table   and   Food   Composition
Databases. There should be no food product that contains TFA, except for naturally
occurring  TFAs  found  in  certain  foods.  The  FDA  shall  provide  the  list  of food
products that have been determined to be TFA-free.
SEC. 32. Use of Fees, Charges and Penalties. -All fines and fees that may be collected from
the enforcement of this Act shall be used exclusively for its implementation.
SEC. 33. Appropriations. - The initial amount necessary for the implementation of this Act
shall  be  charged  against  the  current  appropriation  of  all   concerned  agencies.   Such  funds
necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.
SEC.  34.  Separability  Clause.  -    If any  pan  or  provision  of this  Act  is  held  invalid  or
unconstitutional,  the remaining parts  or provisions not  affected  shall  remain  in  full  force  and
effect.
SEC.  35. Repealing Clause. - All  laws, decrees, executive orders and rules and regulations
contrary  to  or  inconsistent  with  the  provisions  of this  Act  are  hereby  repealed  or  amended
accordingly.
SEC. 36. Effectivity Clause. -This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any newspaper of general circulation.
Approved,
Page 14 of 14