No-added Sugar on Baby Foods Act

Datin TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL 10 ?6:16 SENATE RACE: S.B. No. Introduced by SENATOR IMEE R. MARCOS AN ACT PROBIHITING PRODUCERS AND MANUFACTURERS OF BABY FOOD FROM ADDING SUGAR ON THEIR PRODUCTS, AND FOR OTHER PURPOSES EXPLANATORY NOTE Article XIII, Section 12 of the 1987 Constitution provides that " The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems." The World Health Organization (WHO) is seeking a ban on added sugars in baby foods for children aging from 0 to 36 months old due to its detrimental impact on the child's oral health. In addition, added sugar on baby foods put children at risk of developing a preference for sweet foods, which may lead to overweight and obesity- related diseases in adulthood. The latest iteration of the Expanded National Nutrition Survey conducted in 2022 by the Department of Science and Technology's Food and Nutrition Research Institute shows that around 27 million Filipinos are overweight and obese. For the past two decades, overweight and obesity among adults have almost doubled from 20.2% in 1998 to 36.6% in 2019. Similarly, the prevalence rates of overweight and obesity among adolescents have more than doubled from 4.9% in 2003 to 11.6% in 2018.

A recent study by the University of the Philippines found that young Filipinos are at a greater risk of obesity, due to the consumption of food that is energy-dense and nutrient-poor, exacerbated by growing urbanization and increased incomes. The proposed bill seeks to ensure good nutrition, optimal child growth and development, and better health outcomes for children. To this end, the government, and agencies concerned shall implement a ban on added sugar in baby food. The producers/manufacturers shall take responsibility to remove added sugar and look for healthier alternatives in their baby food products. Given the abovementioned circumstances, the immediate passage of this bill is necessary. IMEE R. MARCOS

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL 10 P6:16 SENATE S.B. No. Introduced by SENATOR IMEE R. MARCOS AN ACT PROBIHITING PRODUCERS AND MANUFACTURERS OF BABY FOOD FROM ADDING SUGAR ON THEIR PRODUCTS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as "No-Added Sugar on Baby Foods Act"

SEC 2. Definition of Terms. - For purposes of this Act the following terms shall mean:

a) Baby food - refers to all consumed food other than breastmilk that is made specifically for older infants and young children aged beyond six (6) months to thirty-six (36) months old. b) Older infant - refers to a person aged six (6) to twelve (12) months old. c) Producer/Manufacturer - refers to one who produces imports, trades in, or distributes baby food. d) Regulatory requirements - refers to all applicable laws, rules, regulations, executive orders, and other enactments related to food quality and safety surity, nutritional composition, and other aspects of food regulation o e) Young children - refers to a person aged twelve (12) to thirty-six (36) months old.

SEC. 3. Ban On Added Sugar in Baby Food. - No person or entity shall

manufacture, sell, import, or distribute in commerce any baby food containing added sugar.

The imposition of no-added sugar baby food shall not prejudice the quality and safety of their food products for children. All baby food shall be labeled in accordance with the requirements prescribed by the Food and Drug Administration (FDA).

SEC. 4. Public Information. - The benefits and rationale of the use of no added

5 sugar baby food shall be adequately disseminated and promoted through organized, systematic, and nationwide information campaign which shall involve major sectors of society to be spearheaded by the Department of Health (DOH), in cooperation and 8 coordination with the local government units (LGUs) and other agencies concerned.

SEC. 5. Penalties for Violation. - Whenever it is found that a baby food contains

10 added sugar, the DOH shall, after due notice and hearing, make the appropriate order for its recall, prohibition, or seizure from public sale or distribution. Any person natural 12 or juridical, who shall violate Section 3 of this Act shall be subject to a fine not less 13 than Three Hundred Thousand Pesos (Php 300,000.00) but not more than Five Hundred 14 Thousand Pesos (Php 500,000.00) or by imprisonment of not less than one (1) year but not more than five (5) years or both, upon the discretion of the court. In case the offender is a juridical person, the President, Secretary, Treasurer, and such other officers or persons responsible for the offense, shall be liable for the penalty of imprisonment. If the seller, distributor or manufacturer of the injurious baby containing added sugar is a foreigner, he shall be deported after service of sentence 20 and payment of fine without further deportation proceedings.

SEC. 6. Appropriations. - The amount necessary for the implementation of this

Act shall initially be charged to the appropriations of the agencies concerned as may be appropriated, under the current General Appropriations Act. Thereafter, such amount as may be necessary for its implementation shall be included in the annual General Appropriations Act.

SEC. 7. Implementing Rules and Regulations. - Within thirty (30) days days from

the effectivity of this Act, the DOH and FDA shall promulgate the necessary rules and regulations for the effective implementation of this Act.

SEC. 8. Separability Clause. - If any portion of this Act is declared

unconstitutional or invalid, all other provisions not affected thereby shall remain valid.

SEC. 9. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations or parts thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

SEC. 10. Effectivity Clause. - This Act shall take effect within fifteen (15) days

after its publication in the Official Gazette or in two (2) national newspaper of general circulation, whichever is earlier. Approved,