Declaration of Policy
- The State recognizes children require special care due to their immaturity.
- Obligation to protect children's rights from neglect and detrimental conditions.
- Protection includes safeguarding children against health and safety hazards from toys and games.
- The State must provide redress mechanisms for violations of these protections.
Definition of Terms
- Hazardous substance: substances or mixtures toxic, corrosive, irritants, flammable, etc., causing injury or illness to children through ingestion.
- Label/Labeling: any display of written, printed, or graphic matter on the product or its container for identification and instruction.
- Package/Packaging: container or wrapping enclosing the consumer product.
- Principal display panel: main part of the label likely seen under normal retail conditions.
Labeling Requirements for Toys and Games
- All toys/games manufactured or imported for the Philippine market must comply with Philippine National Standards (PNS) for toy safety.
- Excludes toys/games not intended for children (e.g., collectibles).
- The Department of Trade and Industry (DTI) must widely disseminate the PNS guidelines.
General Labeling Requirements
- Cautionary statements must appear in full on the principal display panel and any accompanying descriptive material.
- For bulk unpacked sales, cautionary statements must be on retail display bins, containers, or vending machines.
- Statements must be in English, Filipino, or both, written in common language and clearly legible.
- Labeling must comply with the Consumer Act of the Philippines (RA 7394).
Exception
- Imported products shipped directly to consumers without required labels are allowed if accompanying materials bear the cautionary statement.
Special Rules for Certain Packages
- For packages with principal display panels of 15 square inches or less, cautionary statements may be placed on another panel.
- The principal panel must include an arrow or indicator pointing to where the cautionary statement is.
Treatment on Misbranded or Banned Hazardous Substances
- Toys like balloons, balls, or marbles non-compliant with labeling are considered misbranded or banned hazardous substances.
- Such products must be withdrawn from the market at the manufacturer or importer’s expense.
- Distribution or sale is prohibited until compliance is achieved.
- Penalties apply under Section 10 for violations.
Report to the Department of Health (DOH)
- Manufacturers, distributors, retailers, or importers must report to DOH any incidents where a child choked, suffered serious injury, or died due to marbles, small balls, latex balloons, or similar small parts.
Penalties
- Violations may lead to fines from PHP 10,000 to PHP 50,000.
- Imprisonment from three months to two years, or both, at the court’s discretion.
Disposal of Seized Materials
- Non-compliant toys/games are confiscated and forfeited to the government for lawful disposal.
- Representative samples retained for evidence until case resolution.
- Equipment/materials imported in violation subject to seizure and disposal by the Bureau of Customs.
- If offenses committed by legal entities, penalties are imposed on responsible officers.
Rules and Regulations
- DTI, in consultation with DOH, shall promulgate implementing rules.
- Lists of violators and misbranded products must be published semi-annually by DTI and DOH.
Funding
- DTI and DOH must include funds in their annual budgets for enforcement.
Grace Period
- One-year grace period from effectivity for compliance by manufacturers, retailers, distributors, and importers.
Separability Clause
- Invalidity of any provision does not affect the validity of the remainder of the law.
Repealing Clause
- Laws and issuances inconsistent with this Act are repealed or amended accordingly.
Effectivity Clause
- The Act takes effect 15 days after publication in two newspapers of general circulation.