Nutritional Information Disclosure Act of 2025

OF THE TWENTIETH CONGRESS OF THE ) 'RECEIVED PHILIP First Regular Session DANUL 1 7 2025 = US TIME: 4:01 pm SENATE BY: - BILLS BINDEX S. No. Introduced by Senator Manuel "Lito" M. Lapid AN ACT REQUIRING THE DISCLOSURE OF NUTRITIONAL INFORMATION IN MENUS OF FOOD SERVICE ESTABLISHMENTS EXPLANATORY NOTE The Constitution mandates that the State protect and promote the right to health of the people and instill health consciousness among them. In 2022, about 12 percent of assessed adults aged 20 and above in the Philippines were identified as obese or overweight. The highest share of obese or overweight adults was reported among adults in the National Capital Region (NCR) at 39 percent. Weight gain occurs when more calories are consumed than are expended. Eating out, and eating extra calories while eating out, contribute disproportionately to the excess calorie intake that fuels the rise in incidence of obesity. Obesity increases the risk of diabetes, heart disease, stroke, some cancers, and other health problems. The increase in consumption of away-from-home foods has been facilitated by the expansion of fast food and restaurant chains, which serve food that is easily available, inexpensive, and high in calories. While packaged foods are already required to disclose nutritional facts, meals sold through food establishments contain no such disclosure. The health conscious have to guess at the nutritional content of meals taken in restaurants. On the other hand, those who are less aware of the need for proper dieting are left unaware of the nutritional values that they intake.

To address the problems of obesity and improper nutrition among Filipinos, this bill mandates the disclosure of caloric and nutritional information in menus of food service establishments. Nutrient content information provided at the time of food selection in food service establishments would enable consumers to make more informed and healthier food choices, promote health awareness and proper dieting, and assist consumers who are monitoring their diets or dealing with chronic diseases, such as cardiovascular disease and diabetes. This bill shall only cover bigger establishments and explicitly excludes Micro, Small, and Medium Enterprises (MSMEs). However, it does not preclude MSMEs from complying with the standards as may be provided pursuant to this measure. In view of the foregoing, the passage of this bill is earnestly sought. MANUEL "LITO" M. LAPID Senator

68 THE PHILIP TWENTIETH CONGRESS OF THE ) RECEIVED DATEUL 1 7 20252 REPUELIC OF THE PHILTPPINES First Regular Session SENAT TIME: 4:01 pm SENATE BY: - BILL$ & INDEX S. No. — Introduced by Senator Manuel "Lito" M. Lapid AN ACT REQUIRING THE DISCLOSURE OF NUTRITIONAL INFORMATION IN MENUS OF FOOD SERVICE ESTABLISHMENTS 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 "Nutritional Information

Disclosure Act of 2025".

Sec. 2. Declaration of Policy. - The State shall protect and promote the right

4 of health of the people and instill health consciousness among them. As such, it 5 recognizes the need for transparency on nutritional facts for food and beverages with 6 the public in order to instill a sense of health consciousness on everyone.

Sec. 3. Definition of Terms. - As used in this Act, the term

A. Calorie content information means the total number of calories per standard menu item, as that item is usually prepared and offered for sale; B. Covered food service establishment is a food service establishment that is one of a group of 15 or more food service establishments doing business nationally, offering for sale substantially the same menu items, in servings that are standardized for portion size and content, that operate under common

ownership or control, or as franchised outlets of a parent business, or do business under the same name. This Act excludes Micro, Small, and Medium Enterprises (MSMES). However, it does not preclude MSMEs from complying with the standards as may be provided pursuant to this measure; C. Drive-thru means an area where a customer may provide an order for and receive standard menu items while occupying a motor vehicle; D. Menu shall mean a printed list or pictorial display of a food item or items, and their price(s), that are available for sale from a covered food service establishment and shall include menus distributed or provided outside of the establishment; E. Menu board shall mean any list or pictorial display of a food item or items and their price(s) posted in and visible within a covered food service establishment or outside of a covered food service establishment for the purpose of ordering from a drive-through window; F. Nutritional information includes, but is not limited to, all of the following, per menu item: a. Total number of calories b. Total number of grams of carbohydrates c. Total number of grams of saturated fat d. Total number of grams of protein e. Total number of milligrams of sodium The Department of Health (DOH) may require additional nutritional information that it may deem necessary for the public to know;

G. Reasonable basis means any reasonable means recognized by the DOH in determining nutritional information, as well as calorie content information, for a menu item, as usually prepared and offered for sale, including, but not limited to, nutrient databases and laboratory analyses; and H. Standard menu item shall mean any individual food item, or combination of food items, listed or displayed on a menu board or menu that is offered for sale or sold by a covered food service establishment through a menu, menu board, or display tag at least 180 days per calendar year.

Sec. 4. Menu Labeling. - Covered food service establishments shall disclose in

a clear and conspicuous manner on their menus and menu boards the calorie content information, which shall be displayed adjacent to the name of the standard menu item, to be clearly associated with such item. In the case of display tags, the calorie content information of the standard menu item identified on the display tag shall be stated thereon. A Quick Response (QR) Code may also be placed in the menu that links to a website that provides complete information on the nutritional contents of 16 the food being served by the covered establishment. For the other nutritional information of the standard menu items, as well as the suggested daily caloric intake of the average Filipino as specified by the Secretary of Health through the implementing rules and regulations to be issued pursuant to this Act, covered food service establishments shall disclose the information in a clear and conspicuous manner on a brochure that is made available at the point of sale prior to or during the placement of an order.

In the case of food sold at a salad bar, buffet line, cafeteria line, or similar self- 2 service facility, and for self-service beverages or food that is on display and that is 3 visible to customers, a covered food service establishment shall place adjacent to each 4 food offered a sign that lists calories per displayed food item or per serving. The disclosure of calorie content information on a menu or menu board next to 6 a standard menu item that is a combination of at least two standard menu items on 7 the menu or menu board, shall, based upon all possible combinations for that standard 8 menu item, include both the minimum amount of calories for the calorie count 9 information and the maximum amount of calories for the calorie count information. If there is only one possible total amount of calories, then this total shall be disclosed. The disclosure of calorie content information next to a standard menu item that is intended to serve more than one individual, shall include the number of individuals intended to be served by the standard menu item and the calorie content information per individual serving. The nutritional information and calorie content information required by this section shall be determined on a reasonable basis. A reasonable basis determination 17 of nutritional information and calorie content information shall be required only once per standard menu item, provided that portion size is reasonably consistent and the 19 covered food service establishment follows a standardized recipe and trains to a 20 consistent method of preparation.

Sec. 5. Disclosure in Drive-thru Food Service Establishments. - A covered food

22 service establishment that has a drive-thru area and uses a menu board to display or

1 list standard menu items at the point of sale shall, for purposes of the drive-thru area 2 only, disclose the nutritional information in a clear and conspicuous manner on a 3 brochure that is available upon request, and shall conspicuously display a notice at 4 the point of sale that reads: "NUTRITION INFORMATION IS AVAILABLE UPON 5 REQUEST" as well as the QR code linking to a website that provides complete 6 information on the nutritional contents of the food being served by the covered 7 establishment or other similar statement that indicates the disclosure of nutrition 8 information is available upon request.

Sec. 6. Noncompliance with Menu Labeling Requirement. - The following shall

be considered non-compliance with menu labeling: (1) The sale of any food or beverage item by covered establishments without the required calorie content information, suggested daily calorie intake, and availability of nutritional information displayed on the menu, menu board, or display tag; (2) The sale of any food or beverage item by covered establishments without the availability of the required nutritional information for all standard menu items; (3) The declaration of calorie content information and nutritional information without reasonable basis therefor; and (4) The misbranding or erroneous disclosure of calorie content information and nutritional information of standard menu items.

Sec. 7. Penalties. - The Department, in coordination with other concerned

government agencies, after notice and hearing, shall impose any or all of the following administrative sanctions in cases of noncompliance:

a. Suspension of registration; and b. A fine of not less than Three Hundred Thousand Pesos (P300,000.00) for the first violation; not more than Six Hundred Thousand Pesos (P600,000.00) for the second violation; and not more than One Million Pesos (₽1,000,000.00) for the third violation.

Sec. 8. Implementing Rules and Regulations. - Within six (6) months from the

7 date of effectivity of this Act, the Department of Trade and Industry, in consultation 8 with DOH and other concerned agencies, non-governmental organizations, private 9 sector and consumer groups involved in nutrition, shall promulgate the necessary implementing rules and regulations to implement the provisions of this Act.

Sec. 9. Separability Clause. - If any provision of this Act is declared invalid or

12 unconstitutional, the provisions not affected thereby shall continue to be in full force and effect.

Sec. 10. Repealing Clause. - All laws, executive orders, presidential decrees,

15 presidential proclamations, letters of instruction, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 11. Effectivity. - This Act shall take effect within fifteen (15) days following

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