Question & AnswerQ&A (Republic Act No. 10620)
The short title of Republic Act No. 10620 is the "Toy and Game Safety Labeling Act of 2013."
The State recognizes that children require special safeguard and care due to their physical and mental immaturity. It is the State's obligation to protect children against potential hazards to their health and safety by requiring special labeling of toys and games and providing a means of redress for violations.
A hazardous substance is any substance or mixture of substances which is toxic, corrosive, irritant, a strong sensitizer, flammable or combustible, or generates pressure through decomposition, heat or other means, and which causes substantial injury or illness during or as a proximate result of ingestion by children.
All toys and games locally or internationally manufactured that are imported, donated, distributed, and sold in the Philippines must comply with the Philippine National Standards for the safety of toys, including appropriate safety labeling and manufacturer’s markings, except those not intended for children like memorabilia or collectibles.
Cautionary statements must be displayed in their entirety on the principal display panel of the product’s package and on any descriptive material which accompanies the product, in legible English or Filipino or both.
Yes, products manufactured and packaged outside the country and directly shipped from the manufacturer to the consumer by mail or other delivery service may be admitted if the accompanying material shipped with the product bears the required cautionary statement.
If the principal display panel is 15 square inches or less, the cautionary statement may be displayed on another panel of the package provided that the statement is also indicated on the principal display panel with an arrow or indicator pointing to the location of the full statement.
Such toys or games are considered misbranded or banned hazardous substances and shall be withdrawn from the market at the expense of the manufacturer or importer and shall not be allowed to be sold or distributed until compliance is achieved, with penalties under Section 10.
Violators shall be subject to a fine of not less than Ten thousand pesos (P10,000) but not more than Fifty thousand pesos (P50,000), or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the discretion of the court.
They must report to the Department of Health any incident involving a child choking on a marble, small ball, latex balloon, or other small parts contained in toys or games that resulted in death, serious injury, cessation of breathing, or medical treatment.
The Department of Trade and Industry (DTI), in consultation with the Department of Health (DOH), is responsible for promulgating the implementing rules and regulations.
Manufacturers, retailers, distributors, and importers are given a one (1) year grace period to comply with the Act from its effectivity date.
They shall be confiscated and forfeited in favor of the government and disposed of according to pertinent laws and regulations, while retaining representative samples for evidentiary purposes until final resolution.
DTI shall publish every six (6) months a list of manufacturers, importers, distributors, and retailers who failed to comply with the Act. DOH shall publish every six (6) months the list of misbranded or banned hazardous substances prohibited from sale or distribution.