Title
Toy and Game Safety Labeling Act
Law
Republic Act No. 10620
Decision Date
Sep 3, 2013
The Toy and Game Safety Labeling Act of 2013 requires all toys and games sold in the Philippines to comply with safety labeling and manufacturer's markings, aiming to protect children from potential health and safety hazards.
A

Questions (Republic Act No. 10620)

The law is titled the “Toy and Game Safety Labeling Act of 2013.” Its purpose is to protect children from hazards to health and safety by requiring special safety labeling for toys and games and providing a means of redress for violations.

RA 10620 recognizes that children need special safeguard and care due to physical and mental immaturity. It mandates protecting children against potential hazards to health and safety through safety labeling of toys and games, and it provides means of redress for violations.

“Label” (or labeling) refers to the display of written, printed, or graphic matter on a consumer product, its immediate container, tag, literature, or suitable material affixed to give information to identify components, ingredients, attributes, directions for use, specifications, and other required information.

“Package” (packaging) is any container or wrapping where a consumer product is enclosed for delivery or display to retail purchasers.

It is the part of the label most likely to be displayed or examined under normal retail display conditions. It is significant because cautionary statements must generally be displayed on it in required form, language, and legibility.

All toys and games locally or internationally manufactured that are imported, donated, distributed and sold in the Philippines must comply with safety labeling and manufacturer’s markings found in Philippine National Standards (PNS) for toy safety.

RA 10620 does not apply to toys and games not intended for children, including but not limited to memorabilia or collectibles.

Except for Sections 6 and 7, cautionary statements must be displayed in their entirety on the principal display panel and on any accompanying descriptive material. For bulk sales (unpacked), they must appear on the bin/container and any vending machine. They must be in English or Filipino or both, using conspicuous and legible type in contrast with other printing and consistent with the Consumer Act of the Philippines (RA 7394).

Products manufactured and packaged outside the country and directly shipped from the manufacturer to the consumer by mail or other delivery service without bearing the required statements may be admitted if other accompanying material shipped with the product bears those statements.

The required cautionary statement may be displayed on another panel if the panel has the statement in English or Filipino or both, and if the statement is on the principal display panel accompanied by an arrow or indicator pointing to where the statement required under Section 5 appears.

They are considered misbranded or banned hazardous substances. They must be withdrawn from the market at the expense of the manufacturer or importer and cannot be distributed, sold, or offered for sale in the Philippines unless and until RA 10620’s requirements are complied with, without prejudice to liability and penalties under Section 10.

Manufacturers, distributors, retailers, and importers of marbles, small balls or latex balloons, or toys/games containing such items, must report information reasonably supporting that a child choked on the item and, as a result, the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional.

Violators face a fine of not less than ₱10,000.00 but not more than ₱50,000.00 or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the court’s discretion.

Non-compliant toys and games are confiscated and forfeited in favor of the government and disposed according to pertinent laws and regulations, with a sufficient representative sample retained for evidentiary purposes under custodia legis until final resolution. Imported equipment/materials violating the Act are subject to seizure and immediate disposal by the Bureau of Customs.

The penalty shall be imposed upon the guilty officer or officers of the corporation, trust, firm, partnership, association, or other entity.

The Department of Trade and Industry (DTI), in consultation with DOH, promulgates the implementing rules. DTI publishes every six months the list of manufacturers/importers/distributors/retailers who failed to comply. DOH publishes every six months the list of misbranded or banned hazardous substances whose sale, offer for sale, and distribution are not allowed.

Yes. Manufacturers, retailers, distributors, and importers are given a one (1) year grace period to comply from the effectivity of the Act.

It takes effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.


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