Trans-fat Free Philippines Act

Senate Office of the secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES DEC 15 P1:13 ) First Regular Session RECEIVED BY: SENATE Senate Bill No. 160* Introduced by Senator JOEL VILLANUEVA AN ACT TO PROTECT FILIPINOS FROM THE HARMFUL EFFECTS OF TRANS-FATTY ACIDS, APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE According to the Philippine Statistics Authority (PSA), ischemic heart disease (IHD), a form of cardiovascular disease, was identified as the top cause of death nationwide. The PSA recorded over 60,253 deaths from IHD from January to August 2024, accounting for 19.8% of total deaths in the country. During the same period in 2023, IHD deaths reached over 86,470 or 18.7% of the total number of deaths in the Philippines. A major risk factor contributing to the prevalence of cardiovascular diseases is the high intake of trans-fatty acids (TFA). Consuming TFA can raise levels of bad cholesterol and blood sugar, while lowering levels of good cholesterol. Moreover, numerous studies have also established that TFA do not offer any health and nutritional benefits and can even heighten the risk of cardiovascular disease. 3 It is identified that TFA comes from two sources. It can be found naturally or in meat and dairy products from animals such as cattles, sheeps, goats, and camels; or through the industrial process of partial hydrogenation of oils (PHOs).4 In the United States of America, the Food and Drug Administration (FDA) has determined that PHOS, which are a major source of industrially-produced or artificial TFA in the food supply, Philippine Statistics Authority. 2024 Causes of Death in the Philippines (Provisional as of 30 November 2024). Published on 31 January 2025. Available at https://psa.gov.ph/content/2024-causes-death-philippines- provisional-30-november-2024 (Accessed on 5 July 2025). Ibid. National Library of Medicine. Trans fatty acids - A risk factor for cardiovascular disease. Published in 2014. Available at https://pmc.ncbi.nlm.nih.gov/articles/PMC3955571/#B13 (Accessed on 5 July 2025). Food and Drug Administration Philippines. Guidelines for Prepackaged Processed Food Products Containing Trans-Fatty Acids (TFA), FDA Circular No. 2021-028. Available at https://www.fda.gov.ph/fda-circular-no-2021- 028-guidelines-for-prepackaged-processed-food-products-containing-trans-fatty-acids-tfa/ (Accessed on 5 July 2025).

are no longer "Generally Recognized as Safe." In response to this finding, the FDA has directed the transition to eliminate the use of TFA in food products.5 Over 60 countries worldwide are now implementing best-practice trans-fat elimination policies, covering 46% of the global population. The World Health Organization (WHO) has recognized four countries, namely Austria, Norway, Oman, and Singapore, for their exemplary efforts in eliminating industrially produced trans- fats from their food supply. In the Philippines, the Department of Health (DOH) made a commendable step of adopting DOH Administrative Order No. 2021-0039, or the "National Policy on the Elimination of Industrially-Produced Trans-Fatty Acids for the Prevention and Control of Non-Communicable Diseases." Subsequently, the Department issued the Food and Drug Administration Circular No. 2021-028 or the "Guidelines for Prepackaged Processed Food Products Containing Trans-Fatty Acids."8 These directives prohibit the processing of food products that contain industrially-produced TFA and the production, importation, and the commercial distribution of industrially-produced TFA. As shown by statistics and prevailing trends, a huge population of Filipinos continue to experience the adverse effects of TFA consumption. This underscores the necessity to adopt a prudent policy that limits the presence and consumption of TFA in food products available in the country. Thus, this measure seeks to institutionalize a national nutritional policy geared at eliminating TFA from the Filipino diet, thereby reducing cardiovascular health risks and preventing TFA-related deaths. In view of the foregoing, the immediate passage of this bill is earnestly sought. JOEI, VILLANUEVAG 5 U.S. Food and Drug Administration. Trans Fat. Available at https://www.fda.gov/food/food-additives- petitions/trans- %20foods fat#:~;text=In%202015%2C%20FDA%20determined%20that,cannot%20add%20PHOs%20to (Accessed on 5 July 2025). 6 World Health Organization. WHO recognizes four countries with life-saving trans-fat elimination policies. 19 May 2025. Available at https://www.who.int/news/item/19-05-2025-who-recognizes-four-countries-with-life- saving-trans-fat-elimination-policies (Accessed on 5 July 2025). * Department of Health. National Policy on the Elimination of Industrially-Produced Trans-Fatty Acids for the Prevention and Control of Non-Communicable Diseases, DOH AO No. 2021-0039. Published on 18 June 2021. Available at https://naro.law.upd.edu.ph/wp-content/uploads/2022/11/DOH-Administrative-Order-No.-2021- 0039.pdf (Accessed on 5 July 2025). Food and Drug Administration. Guidelines for Prepackaged Processed Food Products Containing Trans-Fatty Acids, FDA Circular No. 2021-028. Published on 21 December 2021. Available at https://www.fda.gov.ph/wp- content/uploads/2022/01/FDA-Circular-No.2021-028.pdf (Accessed on 5 July 2025)

Senate Office of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 DEC 15 P1:13 First Regular Session RECEIVED BY: SENATE 1607 Senate Bill No. _ Introduced by Senator JOEL VILLANUEVA AN ACT TO PROTECT FILIPINOS FROM THE HARMFUL EFFECTS OF TRANS-FATTY ACIDS, 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 "Trans-Fat Free

Philippines Act."

SEC. 2. Declaration of Policy. - It is the policy of the State to protect and

4 ' promote the right to health of the people and instill health consciousness among them. The State also recognizes the right of people to safe and nutritious food that is free from harmful substances like trans-fatty acids (TFA) that increase their risk 7 of contracting deadly diseases. In this regard, the State shall protect Filipinos from 8 the threat of death and diseases linked to TA consumption by progressively removing industrially-produced TFA from the food supply.

SEC. 3. Definition of Terms. - For the purposes of this Act, the following

terms shall be defined as follows: a) Certificate of Product Registration (CPR) refers to an authorization issued by the Food and Drug Authority (FDA) for specific health products, including food, after evaluation, and approval of appropriate documents; 15 b) Food refers to any substance or product, whether processed, partially processed or unprocessed, that is intended for human consumption. It

includes drinks, chewing gum, water, and other substances that were used as an ingredient or a component in the manufacture, preparation or treatment of food, such as oils and fats, whether sold alone or incorporated in processed food and/or prepackaged food; c) Food Business Operator refers to a person engaged in the food business including one's agents and is responsible for ensuring that the requirements of this Act and Republic Act No. 10611, otherwise known as the Food Safety Act of 2013, are met by the food business under one's control; 9 d) Food Service Establishment refers to any establishment that prepares, serves, markets, sells, or offers for sale, food or drink to be consumed within the establishment or taken-out; 12 e) Partially Hydrogenated Oil (PHO) refers to fat or oil that has been hydrogenated, but not to complete or near complete saturation, and with an iodine value greater than four (4), as determined by a method that is suitable for this analysis; f) Prepackaged Food refers to processed food made up in advance in a container, labeled and ready for sale to the consumer, or for catering purposes; g) Processed Food refers to food that has been subjected to some degree of processing like milling, drying, concentrating, canning, or addition of some ingredients which changes partially or completely the physico-chemical and/or sensory characteristics of the food's raw material; and h) Trans-Fatty Acids (TFA) refer to the fatty acids with at least a double bond in the trans configuration, regardless of whether they are produced industrially or come from ruminant sources, including linoleic acid.

SEC. 4. Scope and Application. - This Act shall apply to all food business

operators as defined in this Act.

SEC. 5. Prohibition on the Manufacture, Importation, Distribution

and Sale of PHOs and Oils and Fats with High TFA Content. - The manufacture, importation, distribution, and sale of the following are prohibited: a) PHOs to be consumed alone or used in the preparation of food products;

1 b) Oils and fats made or blended with PHOs; and 2 c) Oils and fats with TFA content of more than 2g per 100g, excluding TFA content from ruminant sources. No registration, license or permit shall be issued to any food manufacturer, 5 importer or distributor that manufactures, imports, distributes, or sells food in 6 violation of this provision.

SEC. 6. Prohibition on the Manufacture, Importation, Distribution,

8 and Sale of Processed and Prepackaged Food with PHOs and High TFA 9 Content. - The manufacture, importation, distribution, and sale of the following processed and prepackaged foods are prohibited: a) Those prepared with PHOs, including food prepared by food service establishments; b) Those prepared with oils and fats made or blended with PHOs, including food prepared by food service establishments; and 15 c) Those with TFA content of more than 2g per 100g of total fat, excluding TFA content from ruminant sources. No registration, license, or permit shall be issued to any food manufacturer, importer, or distributor for any processed or prepackaged food manufactured, imported, distributed, or sold in violation of this provision.

SEC. 7. Prohibition on Trans-Fat Free Claims, - Claims on the

packaging, labelling, marketing, or advertising, that a food product is TFA-free is prohibited. A TFA-free claim is any claim that states or suggests that the food product does not contain TFA, such as "Trans Fat Free," with "0g Trans Fat," or any other similar claim.

SEC. 8. Material Misrepresentation. - Any material misrepresentation in

the application for a CPR with the FDA, specifically relating to TFA or PHO content, shall be a ground for the imposition of appropriate penalties prescribed under this Act. For purposes of this Act, there is material misrepresentation when the applicant makes a false representation of a material fact in the application for a CPR, tending directly to induce the FDA to grant the application when otherwise it will be denied.

SEC. 9. Assistance and Capacity Building for Local Implementation

2 and Enforcement. - The FDA shall strengthen the capacity of local government 3 units (LGUs) in enforcing the provisions of this Act, including the provision of trainings and other capacity-building activities in the regulation of prepackaged 5 and processed food produced and marketed in traditional markets and food service establishments in accordance with Republic Act No. 10611, otherwise known as 7 the Food Safety Act of 2013. Such assistance shall include, but not be limited, to 8 technical assistance, use of laboratories for testing, and sharing of information relevant to products registered with the FDA.

SEC. 10. Research and Development. - The Department of Science and

11 Technology (DOST), in coordination with the Department of Agriculture (DA) and 12 the Department of Health (DOH) and other relevant agencies, shall conduct and intensify its research to identify and develop healthy alternative oils and food products, including, but not limited, to: a) Healthy alternative oilseeds through crop diversification programs and agricultural research, in coordination with the DA; b) Healthy oils and fats through the application of oil modification techniques and other methods; and Healthy food products through product reformulation, research and development. The DOST shall also coordinate with the FDA in developing or adopting technology that will reduce the cost of TFA testing.

SEC. 11. Oilseeds Crop Diversification. - The DA shall implement an

oilseeds crop diversification program, and in coordination with the DOST, conduct continuing research and development to support the production of healthy alternative oilseeds.

SEC. 12. Trainings and Seminars on Reformulation and Information

Campaign. - The DOH, in coordination with FDA, Department of Trade and Industry-Philippine Trade Training Center (DTI-PTTC), DOST Philippine Council for 30 Health Research and Development (DOST-PCHRD), DOST-Food and Nutrition Research Institute (DOST-FNRI), Department of Interior and Local Government

1 (DILG), and the Technical Education and Skills Development Authority (TESDA), 2 shall conduct trainings and seminars for food business operators and food service 3 establishments on the reformulation of food products to comply with the provisions 4 of this Act, and the use of healthy alternative oils as determined by the DOH and DOST. The DOH shall also regularly conduct information, education and 7 communication campaigns regarding TFA and its dangers, the contents of this Act, 8 the value of having a healthy diet, proper methods of heating and reheating of 9 cooking oils, and alternative oils available in the market. For this purpose, it shall 10 also prepare relevant materials, which shall be posted and regularly updated on 11 its website, and as far as practicable, be translated in regional languages.

SEC. 13. Inspection Powers and Record-Keeping. - The FDA, through

its authorized agents, shall have the power to inspect the premises and records of food business operators to determine compliance with this Act. The FDA shall issue inspection procedures and guidelines on record-keeping for this purpose.

SEC. 14. Penalties. - Any violation of this Act shall be meted out a fine of

Fifty Thousand Pesos (P50,000.00) up to One Million Pesos (P1,000,000.00), depending on the severity and frequency of the violation/s, and the gross sales, capital investment, and number of employees of the establishment concerned. In proper cases, the CPR and License to Operate (LTO) issued by FDA and/or the certificate of registration issued by the Securities and Exchange Commission (SEC) shall also be revoked, and the corresponding closure of the business. In addition to the administrative penalties, the FDA shall also seize, condemn, destroy, and/or recall non-compliant food products.

SEC. 15. Resources and Manpower. - To ensure the proper

implementation of this Act, the FDA, if appropriate, shall create additional plantilla positions, subject to relevant rules and regulations of the Civil Service Commission (CSC) and the approval of the Department of Budget and Management (DBM). In addition, the FDA shall ensure that all relevant government laboratories have the proper equipment and resources to conduct testing of TFA content in 31 food. The FDA shall also ensure that all personnel responsible for the

implementation of this Act are properly trained on TFA regulation, testing, monitoring, and surveillance.

SEC. 16. Duty-free Importation of TFA Testing Equipment. - To

ensure the availability of laboratories capable of testing TFA content in food, and to incentivize the private sector in investing in such, the importation of laboratory 6 equipment for testing TFA shall be exempt from payment of customs duties and taxes.

SEC. 17. Early compliance Incentives for MSMEs. - The DTI, in

coordination with the DILG, shall develop and implement policies and programs 10 providing incentives for MSMEs to encourage early voluntary compliance with this 11 Act.

SEC. 18. Reports. - The DOH shall submit an annual report to the President

and both Houses of Congress regarding the implementation of this Act. The report shall also include a report on the consumption of TFA, which shall be included in the Expanded National Nutrition Survey (ENNS), and testing and monitoring of TFA 16 content in food, which shall be included in the Food Composition Tables and Food 17 Composition Databases.

SEC. 19. Transitory Provisions. - Food business operators shall have a

period of two (2) years from the effectivity of this Act to comply with the provisions of this Act.

SEC. 20. Appropriations, - The amount necessary for the initial

implementation of this Act shall be charged against the current years appropriations of the departments/agencies concerned. Thereafter, such sums as may be necessary for the continued implementation shall be included in the annual General Appropriations Act (GAA). All fines and fees that may be collected from the enforcement of this Act shall be used exclusively for its implementation.

SEC. 21. Implementing Rules and Regulations. - Within sixty (60) days

from the effectivity of this Act, the DOH, in consultation with FDA, National Nutrition Council (NNC), DILG, DTI, DOST, DA, and other relevant government agencies and stakeholders, shall promulgate the necessary implementing rules and regulations (IRR) for the effective implementation of this Act.

SEC. 22. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 23. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,