Toy and Game Safety Labeling Act

The State recognizes that children need special safeguard and care because of physical and mental immaturity.
The State recognizes its obligation to secure the right of children to proper care and special protection from neglect and conditions prejudicial to development.
The State requires special labeling of toys and games to protect children against potential hazards to health and safety.
The State provides a means of redress for violations of children’s protection and safety rights.

“Hazardous substance” means any substance or mixture that is toxic, corrosive, irritant, a strong sensitizer, flammable or combustible, or generates pressure through decomposition, heat or other means, if it causes substantial injury or illness during or as a proximate result of customary or reasonably foreseeable ingestion by children.
“Label” or “labeling” means written, printed, or graphic matter displayed on a consumer product, its immediate container, tag, literature, or other suitable material affixed for identifying components, ingredients, attributes, directions for use, specifications, and other information required by law or regulations.
“Package” or “packaging” means any container or wrapping in which a consumer product is enclosed for delivery or display to retail purchasers.
“Principal display panel” means the part of the label most likely to be displayed or examined under normal and customary conditions of retail display or sale.

All toys and games locally or internationally manufactured that are imported, donated, distributed and sold in the Philippines must comply with the applicable safety labeling and manufacturer’s markings found in the Philippine National Standards (PNS) for the safety of toys.
The Act applies to toys and games covered by the safety labeling and manufacturer’s markings in the PNS for toy safety.
The Act does not apply to toys and games not intended for children, including memorabilia or collectibles.
The Department of Trade and Industry (DTI) must disseminate the PNS to guide manufacturers, retailers, distributors and various sellers through mass media and the internet.

Section 5 requires that, except for Sections 6 and 7, any cautionary statement must be displayed in its entirety on the principal display panel of the product’s package and on any descriptive material accompanying the product.
For bulk sales when unpacked, the cautionary statement must be displayed on the bin or container used for retail display, and on any vending machine dispensing and displaying the unpacked product.
The cautionary statement must be written in English or Filipino or both, in conspicuous and legible type, and in contrast by typography, layout, or color with other printed matter.
The cautionary statement must be displayed in a manner consistent with Republic Act No. 7394, known as the “Consumer Act of the Philippines.”

Section 6 allows admission of products manufactured and packaged outside the country and directly shipped from the manufacturer to the consumer by mail or other delivery service even if they do not bear the required statement under Section 5, if accompanying material shipped with the product bears that statement.
Section 7 provides a special rule for packages with a principal display panel of fifteen (15) square inches or less: the cautionary statement required under Section 4 (or in lieu of display on the principal display panel) must be displayed on another panel of the package.
Under Section 7, the statement on another panel must be in English or Filipino or both, must be shown on the principal display panel, and must be accompanied by an arrow or other indicator pointing to the location where the cautionary statement required under Section 5 appears.

A balloon, ball, marble, or toy or game whose packaging does not comply with the Act is considered a misbranded or banned hazardous substance.
Such products must be withdrawn from the market at the expense of the manufacturer or importer.
Such products must not be allowed to be distributed, sold, or offered for sale in the Philippines unless and until the Act’s requirements are complied with.
Withdrawal does not prejudice any liability and penalty that may arise under Section 10.

A manufacturer, distributor, retailer, and importer of a marble, small ball, or latex balloon; or of a toy or game that contains such items; or of other small parts must report to the Department of Health (DOH) any information that reasonably supports the conclusion that:
- a child, regardless of age, choked with such marble, small ball, latex balloon, or other small parts; and
- as a result, the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional.

Any person who violates any provision of the Act is punishable by:
- a fine of not less than PHP 10,000 but not more than PHP 50,000, and/or
- imprisonment of not less than three (3) months but not more than two (2) years, and/or
- both, at the discretion of the court.

Toys and games found in violation are confiscated and forfeited in favor of the government.
Violations must be disposed of in accordance with pertinent laws and regulations.
A sufficient representative sample must be retained for evidentiary purposes.
The retained representative sample remains in custodia legis until the final resolution of proceedings.
Equipment and materials imported in violation are subject to seizure and immediate disposal by the Bureau of Customs.
If the offense is committed by a corporation, trust, firm, partnership, or association or other entity, the penalty is imposed upon the guilty officer or officers of that entity.

The DTI, in consultation with the DOH, must promulgate rules and regulations to implement the Act.
The DTI must regularly publish every six (6) months the list of all manufacturers, importers, distributors and retailers who failed to comply with the Act’s requirements.
The DOH must publish every six (6) months the list of all misbranded or banned hazardous substances whose sale, offer for sale, and distribution are not allowed under the Act.

The DTI and the DOH must include in their respective annual budgets the amount necessary for the effective implementation of the Act.
Manufacturers, retailers, distributors and importers are given a one (1) year grace period to comply with the requirements from the Act’s effectivity.

If any provision or part of the Act is held invalid or unconstitutional, the remainder remains valid and subsisting.
Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the Act is repealed, modified, or amended accordingly.