Toys and Games Safety Labeling Act 2013 – Manila Bulletin
A study on toys sold in the local market carried out in July 2011 by Eco Waste Coalition (a nonprofit organization advocating for a zero waste and toxic free society) and IPEN (a global network of NGOs promoting policies and Safe Chemical Practices) found 29 percent of the 200 toy samples must be loaded with harmful substances such as arsenic, cadmium, chromium, lead and mercury above levels of concern. None of the samples had labeling information about their chemical composition, and many had no warnings whatsoever. Subsequent studies have revealed the prevalence of more dangerous toys on the market, which may present chemical, choking, flammability, laceration, strangulation and other health and safety risks, in particular in young children. Lawmakers have taken note of the issue and introduced relevant bills, including Senate Bill 3367 and House Bill 6529, to protect children from dangerous toys through safety labeling requirements. mandatory.
Republic Law 10620, or the Toy and Game Safety Labeling Law, was subsequently enacted by the 15e Congress and finally promulgated by the late President Benigno S. Aquino III on September 3, 2013. Toy and game would designate any object clearly intended to be a toy for children under the age of 14. It took a long time for the designated agencies (Ministry of Trade and Industry and Ministry of Health) to promulgate the Rules and Regulations (IRR) for the law. After their repeated demands for the enactment of the IRR went unheeded, Eco Waste Coalition and Laban Konsyumer Inc., along with 20 mothers as petitioners, filed a mandamus petition on October 23, 2018 with the court of first instance. Quezon City regional body to order the DTI and DOH to immediately issue the IRR for RA 10620. After a long delay, DTI Secretary Ramon Lopez and DOH Secretary Francisco Duque III signed the TRI of RA 10620 on January 20, 2019.
The Food and Drug Administration (FDA) published on November 25, 2020 Notice No. 2020-2022 reiterating the mandatory labeling requirements for toys and childcare articles in accordance with RA 10620.
As stipulated in IRR of RA 10620, covered toys and games must contain the following labeling requirements, which generally must be written in English:
1. Operational License Number (LTO) issued by the FDA;
2. Classification by age;
3. Cautions / warnings;
4. Educational literature;
5. Manufacturer’s markings;
6. Item, model, SKU number.
The above labeling requirements must be stamped, printed directly, appearing on or affixed to the packaging, container, wrapping or protective coatings of the product. In addition, the label must be in a visible, easily readable, understandable and indelible form.
RA 10620 provides for the withdrawal from the market of toys and games which do not comply with labeling and packaging requirements. These non-compliant toys and games will be considered mislabelled or prohibited hazardous substances and will be withdrawn from the market at the expense of the manufacturer, importer, wholesaler or distributor. (Section 8) In addition, toys and games found to be contrary to RA 10620 must be confiscated, confiscated and disposed of. (article 11)
Nevertheless, the toy market shows a number of non-compliance with the law. Despite the pandemic, the Ecowaste Coalition conducted a series of toy surveys in 25 cities from August to November 2021. The results were:
- 8 or 4% of the 209 toys complied with the labeling information required by law
- 162 toys do not carry the operating license
- 73 toys did not contain an age rating
- 80 toys did not contain a warning or warning
- 175 toys do not have educational material
- 149 toys have no manufacturing markings
- 149 toys do not have a model number / SKU
- 21 toys contain information in a foreign language.
The results of the monitoring and investigation conducted by Ecowaste Coalition will be submitted jointly by Ecowaste Coalition and Laban Konsyumer Inc. to the Food and Drug Administration for proper disposition, recall or forfeiture of the market, cancellation of the permit and the imposition of fines.
Anyone who violates any provision of this law will be liable to a fine of at least ten thousand pesos (
P10,000.00) but not more than fifty thousand pesos ( P50,000.00) or imprisonment of at least three (3) months but not more than two (2) years, or both, at the discretion of the court. ”(Article 10). Criminal sanctions are without prejudice to any administrative sanctions that the DOH may impose.
Atty. Vic Dimagiba
President of Laban Konsyumer Inc.
Email to [email protected]
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