AN ACT PROVIDING FOR TOY AND GAME SAFETY LABELING
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AN ACT PROVIDING FOR TOY AND GAME SAFETY LABELING
Republic Act No. 10620
September 3, 2013
Case Overview and Summary
Summary of the Toy and Game Safety Labeling Act of 2013Declaration of Policy (Section 2):
- The State recognizes the need for special safeguards and care for children due to their physical and mental immaturity.
- The State acknowledges its obligation to secure the right of children to proper care and special protection from all forms of neglect and other conditions prejudicial to their development.
- The State shall ensure the protection of children against potential hazards to their health and safety by requiring special labeling of toys and games.
- The State shall provide a means of redress for violation of children's rights to protection and safety.
Definitions (Section 3):
- Hazardous substance: Any toxic, corrosive, irritant, strong sensitizer, flammable, combustible substance, or substance that generates pressure through decomposition, heat or other means, which can cause substantial injury or illness if ingested by children.
- Label or labeling: The display of written, printed or graphic matter on a consumer product, its container, tag, literature or other material affixed to it, providing information such as components, ingredients, attributes, directions for use, specifications, and other required information.
- Package or packaging: Any container or wrapping in which a consumer product is enclosed for delivery or display to retail purchasers.
- Principal display panel: The part of the label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail or sale.
Labeling Requirements for Toys and Games (Section 4):
- All locally or internationally manufactured toys and games imported, donated, distributed and sold in the Philippines shall comply with the appropriate provisions on safety labeling and manufacturer's markings found in the Philippine National Standards (PNS) for the safety of toys.
- This does not apply to toys and games not intended for children, including memorabilia or collectibles.
- The Department of Trade and Industry (DTI) shall cause the effective dissemination of the PNS in both traditional mass media and the internet to guide manufacturers, retailers, distributors and various sellers.
General Labeling Requirements (Section 5):
- Any cautionary statement shall 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 of unpacked products, the cautionary statement shall be displayed on the bin or container used for retail display, and any vending machine from which the unpacked product is dispensed and displayed.
- The cautionary statement shall be in English or Filipino or both, in conspicuous and legible type, in contrast with other printed matter, and in a manner consistent with the Consumer Act of the Philippines.
Exception (Section 6):
- Products manufactured and packaged outside the country and directly shipped from the manufacturer to the consumer by mail or other delivery service, which do not bear the required statement, shall be admitted if other accompanying material shipped with the product bears such statement.
Special Rules for Certain Packages (Section 7):
- For packages with a principal display panel of 15 square inches or less, the cautionary statement may be displayed on another panel, in English or Filipino or both, accompanied by an arrow or indicator pointing towards the statement's location.
Treatment on Misbranded or Banned Hazardous Substance (Section 8):
- A balloon, ball, marble, or toy or game whose packaging is not in compliance with the requirements of this Act shall be considered a misbranded or banned hazardous substance.
- It shall be withdrawn from the market at the expense of the manufacturer or importer and shall not be allowed to be distributed, sold or offered for sale in the Philippines unless and until the requirements of this Act are complied with, without prejudice to any liability and penalty that may be incurred under Section 10.
Report to the Department of Health (DOH) (Section 9):
- A manufacturer, distributor, retailer and importer of a marble, small ball or latex balloon, or a toy or game that contains such items, shall report to the DOH any information obtained that reasonably supports the conclusion that a child choked on such item, resulting in death, serious injury, cessation of breathing for any length of time, or treatment by a medical professional.
Penalties (Section 10):
- Any person who shall violate any provision of this Act shall be subject to a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the discretion of the court.
- If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such entity.
Disposal of Seized Materials (Section 11):
- Any toys and games found to be in violation of the provisions of this Act shall be confiscated and forfeited in favor of the government and shall be disposed in accordance with pertinent laws and regulations.
- A sufficient representative sample shall be retained for evidentiary purposes until the final resolution of proceedings.
- Equipment and materials imported in violation of this Act shall be subject to seizure and immediate disposal by the Bureau of Customs.
Rules and Regulations (Section 12):
- The DTI, in consultation with the DOH, shall promulgate the rules and regulations for the implementation of this Act.
- The DTI shall regularly publish every six (6) months, the list of all manufacturers, importers, distributors and retailers who failed to comply with the requirements of this Act.
- The DOH shall publish every six (6) months, the list of all misbranded or banned hazardous substances the sale, offer for sale and distribution of which shall not be allowed under this Act.
Funding (Section 13):
- The DTI and the DOH shall include in their respective annual budget the amount necessary for the effective implementation of this Act.
Grace Period (Section 14):
- Manufacturers, retailers, distributors and importers are given one (1) year grace period to comply with these requirements from the effectivity of this Act.
Separability Clause (Section 15):
- If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
Repealing Clause (Section 16):
- Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.
Effectivity Clause (Section 17):
- This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
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AN ACT PROVIDING FOR TOY AND GAME SAFETY LABELING
Republic Act No. 10620
•September 3, 2013
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Fifteenth CongressThird Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT NO. 10620
AN ACT PROVIDING FOR TOY AND GAME SAFETY LABELING, APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Toy and Game Safety Labeling Act of 2013″.
Section 2. Declaration of Policy. – The State recognizes that children, by reason of their physical and mental immaturity, need special safeguard and care. The State acknowledges its obligation to secure the right of children to proper care and special protection from all forms of neglect and other conditions prejudicial to their development. Towards this end, the State shall ensure the protection of children against potential hazards to their health and safety by requiring special labeling of toys and games. To guarantee the rights of children to protection and safety, the State shall provide a...
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