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.

Law Summary

Declaration of Policy

  • Recognizes children's physical and mental immaturity requiring special safeguards.
  • Obligates the State to protect children from neglect and harmful conditions affecting their development.
  • Mandates safety labeling on toys and games to prevent health and safety hazards.
  • Provides a legal remedy for violations of children's safety rights.

Definition of Terms

  • Hazardous Substance: Substances harmful by ingestion causing injury or illness, including toxic, corrosive, flammable, or sensitizing materials.
  • Label or Labeling: Information displayed on products or packaging to identify components, usage instructions, and other legally required data.
  • Package or Packaging: Container or wrapping used for product delivery or retail display.
  • Principal Display Panel: The area on the package most likely to be examined by consumers.

Labeling Requirements for Toys and Games

  • Applies to all toys and games manufactured locally or internationally that are imported, donated, distributed, or sold in the Philippines.
  • Must comply with Philippine National Standards (PNS) on toy safety labeling and manufacturer markings.
  • Excludes items not intended for children like memorabilia or collectibles.
  • Department of Trade and Industry (DTI) tasked to disseminate PNS guidelines widely.

General Labeling Requirements

  • Cautionary statements must appear fully on the principal display panel and any accompanying descriptive materials.
  • For bulk sales of unpackaged products, statements must appear on bins, containers, or vending machines.
  • Statements should be in English, Filipino, or both, using conspicuous and legible print contrasting from other text.
  • Compliance aligns with the Consumer Act of the Philippines (Republic Act No. 7394).

Exception

  • Products made and packaged abroad, directly shipped to consumers without required labeling, may be admitted if accompanying materials contain the safety statement.

Special Rules for Certain Packages

  • For packages with a principal display panel of 15 square inches or less, cautionary statements may be placed on another panel.
  • Such statements must be in English or Filipino and include an indicator pointing to the statement's location.

Treatment of Misbranded or Banned Hazardous Substances

  • Toys or games not meeting packaging requirements will be deemed misbranded or banned hazardous substances.
  • Such products must be withdrawn from the market at the manufacturer's or importer's expense.
  • Distribution and sale are prohibited until compliance is achieved.
  • Liability and penalties under the Act apply.

Reporting to Department of Health (DOH)

  • Manufacturers, distributors, retailers, and importers must report to DOH any incidents of children choking on small parts such as marbles, small balls, latex balloons, or similar toy components.
  • Reports are required when incidents result in death, serious injury, breathing cessation, or medical treatment.

Penalties

  • Violators face fines ranging from ₱10,000 to ₱50,000 and/or imprisonment from 3 months up to 2 years.
  • Penalties are at the court's discretion.

Disposal of Seized Materials

  • Non-compliant toys and games are confiscated and forfeited to the government.
  • Disposal is conducted according to relevant laws, with representative samples retained for evidence.
  • Equipment imported in violation is subject to seizure and disposal by the Bureau of Customs.
  • Corporate entities are liable through responsible officers.

Rules and Regulations

  • The DTI, in coordination with DOH, will formulate rules for implementing the Act.
  • DTI and DOH will publish biannual lists of non-compliant manufacturers, importers, distributors, retailers, and banned hazardous substances.

Funding

  • DTI and DOH must allocate budgetary provisions annually to ensure effective implementation.

Grace Period

  • A one-year grace period is granted to comply from the Act's effectivity date.

Separability Clause

  • Invalidity of any part of the Act does not affect the remaining provisions.

Repealing Clause

  • Laws or regulations conflicting with this Act are repealed or amended accordingly.

Effectivity Clause

  • The Act takes effect fifteen days after publication in at least two newspapers of general circulation.

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