Question & AnswerQ&A (IRR of Republic Act No. 10620)
The IRR of RA No. 10620 applies to all manufacturers, distributors, importers, exporters, wholesalers, and retailers of toys or games manufactured locally and/or internationally that are imported, exported, donated, distributed, and sold in the Philippines.
The Department of Health (DOH) through the Food and Drug Administration (FDA) and the Department of Trade and Industry (DTI) are the primary government agencies responsible for implementing RA No. 10620.
Toys and games must have the FDA-issued License to Operate (LTO) number, age grading, cautionary statements or warnings, instructional literature, manufacturer's marking (including complete name and address), and item/model/SKU number visibly and indelibly affixed to the package, container, wrapper, or protective covering.
Children are defined as any person whose age is chronologically and/or mentally below fourteen (14) years of age.
Violations may result in imprisonment for not less than three months but not more than two years, a fine ranging from ten thousand pesos (P10,000.00) to fifty thousand pesos (P50,000.00), or both imprisonment and fine at the court's discretion, plus administrative sanctions imposed by the DOH.
The FDA can seize or confiscate violating products, order their disposal, and impose administrative penalties under the FDA Act of 2009 and related regulations.
These toys must carry cautionary statements such as 'Warning! Not suitable for children under 3 years. Contains small parts.' or equivalent graphical symbols, to warn about choking hazards.
The guilty officer or officers of the corporation, trust, firm, partnership, association, or other entity shall be held liable and penalized accordingly.
They must report any incident reasonably indicating death, serious illness, serious injury, or medical treatment resulting from choking on toy parts to the DOH through the FDA.
Yes, toys and games manufactured and packaged outside the Philippines and shipped directly to consumers without the required cautionary statements may be admitted if accompanying materials include such statements. The FDA may also exclude specific toys from these requirements, provided accompanying materials bear the statements, but such exclusions can be reinstated for health and safety reasons.