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- Such products must be withdrawn from the market at the manufacturer's or importer's expense.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.