Masustansyang Pagkain at Inumin Sa Paaralan Act

TWENTIETH CONGRESS OF THE we offin of the Breety REPUBLIC OF THE PHILIPPINES ) 25 JUL 10 P2:30 First Regular Session SENATE RECEIVED BY: S. No. 3'76 Introduced by Senator Robinhood Padilla AN ACT PROHIBITING THE ADVERTISING AND SALE OF SUGAR-SWEETENED BEVERAGES, JUNK FOOD, AND OTHER UNHEALTHY FOOD PRODUCTS IN UAKE SLAND ARE AND SECONDARY SCHOOLS, PROVIDING FUNDS THEREFORE, AND FOR OTHER PURPOSES EXPLANATORY NOTE The children of today are this country's future, thus, the State has the sacred duty to look after their well-being. However, it is evident that there is a silent crisis our children face - happening within our schools - not of violence, but one of nutrition. Data shows that based on the 2021 expanded National Nutrition Survey (EENS) conducted by the Department of Science and Technology Food and Nutrition Technology Institute (DOST-FNRI), the national prevalence of overweight and obesity among school-age children (5 to 10 years old) and adolescents (10 to 19 years old) is 14% and 13%, respectively. This means that 1 to 2 out of ten children are overweight and obese. The survey also noted that overweight and obesity prevalence is higher in urban areas and in rich households. These findings on the state of nutrition of our children highlight a double burden of malnutrition - while undernutrition persists, there is also a growing concern on overnutrition, particularly among children from wealthier and urban households. This underscores the urgent need for school-based interventions regulating access to unhealthy food choices.

This bill seeks to prohibit the advertising and sale of unhealthy food and beverages, particularly sugary drinks and junk food - in all elementary and secondary schools. Inspired by the "Let's Move!" advocacy of former United States of America's First Lady Michelle Obama, underpinning the principles of the Healthy, Hunger-Free Kids Act of 2010, this bill aims at transforming our schools into healthier food environments for our children. Through this measure, the Department of Education, in close coordination with the Department of Health shall lead a health reform by providing schools with tools and guidelines they need to make our children - our future leaders, healthy and nourished. This bill also aims to send a clear message that our schools are safe zones for our children's minds and bodies. By limiting access and exposure to unhealthy food, and promoting nutritious alternatives, we are creating a culture of wellness that supports our children's full potential. In view of the foregoing, the immediate passage of this bill is earnestly sought. якой OBINHOOD C. PADILL Senator

Scilate ome of t bitary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL 10 P2:30 First Regular Session SENATE RECEIVED BY S. No. 3'76 Introduced by Senator Robinhood Padilla AN ACT PROHIBITING THE ADVERTISING AND SALE OF SUGAR-SWEETENED BEVERAGES, JUNK FOOD, AND OTHER UNHEALTHY FOOD PRODUCTS IN ELEMENTARY AND SECONDARY SCHOOLS, PROVIDING FUNDS THEREFORE, AND FOR OTHER PRUPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Masustansyang Pagkain

at Inumin sa Paaralan Act."

Sec. 2. Declaration of Policy. - It is declared a policy of the State to protect the

4 rights of children to survival and development and to promote their well-being. Abreast 5 of the increasing prevalence of childhood obesity, diabetes, and other diet-related 6 diseases, the State shall adopt preventive health measures by limiting children's exposure to food and beverages with high sugar content, junk food, and other unhealthy products within the premises of their schools.

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

as be defined as: a. Sugar-Sweetened Beverages (SSBs) shall refer to beverages that contain added caloric sweeteners, including but not limited to soda or soft drinks, flavored juices, energy drinks, and sweetened powdered drink mixes;

b. Junk Food shall refer to processed food products high in salt, fat, sugar, or low in essential nutrients, including but not limited to chips, candies, instant noodles, and deep-fried snacks; and C. Healthy Food Options shall refer to food and drink products that meet nutritional standards established by the Department of Health (DOH), and are low in added sugars, salt, and saturated fat, and high in fiber and essential nutrients.

Sec. 4. Prohibited Acts. - The following acts are prohibited in all elementary and

secondary schools: a. The advertisement or promotion of SSBs, junk food, and other unhealthy food products on school premises, including posters, banners, vending machines, sponsored materials, and school events; b. The sale or distribution of SSBs and junk food within the school canteen or within one hundred (100) meters from any school gate during school hours; c. Sponsorships, partnerships, or donations from companies primarily engaged in the manufacture or sale of the prohibited food and beverage products which result in brand visibility in schools; and d. The offering of prohibited food and drinks during school activities such as field trips, contests, and school celebrations.

Sec. 5. Implementing Agencies. - The Department of Education, in coordination

with the DOH, the National Nutrition Council (NNC), and the Food and Drug Administration (FDA) shall: a. Develop and update a School Food and Nutrition Beverage Nutrition Standards Manual; b. Issue guidelines for canteens, vendors, and school administrators; c. Conduct regular monitoring and evaluation of compliance; and

d. Initiate heath education campaigns for learners, teachers, and parents.

Sec. 6. Penalties. - Any individual, entity or organization found to be in violation

3 of the provisions of this Act shall be subject to the following penalties, without prejudice to the filing of other appropriate administrative, civil, or criminal actions 5 under existing laws: a. For canteen operators or vendors, depending on the gravity and frequency of the offense: i. For the first (1st) offense, the issuance of a written warning and the mandatory attendance in an orientation on the provisions and objectives of this Act; ii. For the second (2nd) offense, the suspension of vending privileges for a period to be determined by the appropriate authority; or iii. For the third (3rd) offense, the permanent revocation of vending privileges, without prejudice to other applicable sanctions under existing laws or regulations. b. For school officials or personnel who knowingly permit or fail to take appropriate actions on violations of this Act: i. For the first (1st) offense, the issuance of a formal written reprimand; and ii. For the second (2nd) offense, the imposition of appropriate administrative sanctions in accordance with the Civil Service Laws, rules and regulations, including but not limited to suspension or dismissal. c. For corporations or advertisers, or entities engaged in advertising, marketing, or promotional activities that contravene this Act:

i. A fine of One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) for each act of advertising or promotion within school premises or related materials.

Sec. 7. Appropriations. - The amount needed for the initial implementation of

this Act shall be taken from the current year's appropriations of the agencies concerned. Thereafter, such sums as may be necessary for its continued implementation shall be included in the General Appropriations Act.

Sec. 8. Implementing Rules and Regulations. - The DepEd, DOH and NNC, in

coordination with FDA shall promulgate rules and regulations necessary for the implementation of this Act within one hundred twenty (120) days from its effectivity.

Sec. 9. Separability Clause. — If any provision of this Act shall be held

unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

Sec. 10. Repealing Clause. - 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.

Sec. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,