Republic of the Philippines
Office of the Sanguniang Bayan
Taytay, Rizal
Ordinance No. 803 series of 2024
AN ORDINANCE TO PROTECT CHILDREN FROM THE HARMFUL IMPACTS OF FOOD AND BEVERAGE MARKETING
WHEREAS, overweight and obesity are rapidly increasing among Filipino children;
WHEREAS, about 1 in every 10 children aged 5 to 10 and adolescents aged 11 to 19 is either overweight or obese, with 1 out of 7 school aged children (or 5 to 19 years old) now overweight or obese as of 2021;
WHEREAS, overweight and obesity are one of the risk factors for noncommunicable diseases such as cardiovascular disease (such as heart attacks and stroke), cancers, and diabetes;
WHEREAS, noncommunicable diseases kill 1 in 3 Filipinos between 30 to 70 years old every year;
WHEREAS, an overweight or obese child is more likely to be subjected to stigmatization and to suffer from a greater risk of developing non-communicable diseases throughout his or her life;
WHEREAS, if no actions are taken, it is estimated that 30% of Filipino adolescents will be overweight or obese by 2030;
WHEREAS, according to United Nations Children’s Fund (UNICEF) Filipino children live in an increasingly obesogenic environment that promotes the sale and consumption of unhealthy food and non-alcoholic beverages;
WHEREAS, the local government unit of Taytay recognizes that overweight and obesity among children are public health concerns, and that it must protect this vulnerable sector from the harmful effects of irresponsible and inappropriate marketing of unhealthy food and beverages and encourage healthier eating habits;
NOW THEREFORE, BE IT ORDAINED, by the 12th Sangguniang Bayan of Taytay, Rizal, in session duly assembled, that:
ARTICLE I
GENERAL PROVISIONS
Section 1. Title - This Ordinance shall be known as the “Protection of Children from the Harmful Impacts of Food and Beverage Marketing Ordinance”.
Section 2. Declaration of Policies and Objectives - The Municipality recognizes its duties to promote the Constitutional right to health and instill health consciousness among the Filipino people, especially children. The Municipality shall protect and promote the right of every child to the enjoyment of the highest attainable standard of health, which includes the right to healthy environments.
In the Philippines, the increasing rate of obesity and overweight among Filipino children and the prevalence of obesogenic food environments - one that promotes the sale and marketing of food and beverages that are harmful to one’s health - hamper the enjoyment of the child’s rights to health and undermine the State’s efforts to foster a healthy environment for the child.
The Municipality therefore recognizes an urgent need to protect children from the impacts of marketing of food and beverages that are harmful to one’s health and to promote a healthier food environment and healthier food choices among children. It is therefore declared as this Ordinance’s objectives to (a) reduce the exposure of children to the harmful impacts of food and beverage marketing, and (b) minimize the power of child-directed marketing of food and beverages that are harmful to one’s health.
Section 3. Definition of Terms - The following terms used in this Ordinance shall be defined as follows:
a. Child - means a person aged under 18.
b. Child-Directed Marketing - check definition from Section 5a.
c. Child-Centered Settings - refers to schools, parks and other areas where children usually gather or stay.
d. Distributor - means any person to whom a food and beverage product is delivered or sold for purposes of distribution in commerce. Distributors may be importers, exporters, traders, or wholesalers.
e. Educational establishment - means any establishment, including but not limited to schools, learning institutions, play schools, sports camps, youth development facilities, and other places, where a child as defined in this Act engages in activities that contribute to their overall growth and development through any means of instruction.
f. Food and beverages - means food and food products as defined by the FDA Act of 2009 or Republic Act No. 9711, provided that any reference to “food” in this Act means “food and beverages”.
g. Food and beverage industry - means manufacturers, wholesale distributors, and importers of food and beverages that are not permitted to be marketed to children defined in this Act.
h. Importer - means the consignee or the Philippine agent or representative of a foreign owner or consignee of raw materials, ingredients, and/or finished food and beverage products at the time of such entry of such article in the Philippines.
i. Manufacturer - means a person who makes, mixes, cooks, packs, combines packaging, or modifies packaging of food and beverages not permitted to be marketed to children as defined in this Act. This shall include any person who attaches one's own brand name to a food and beverage product manufactured, assembled, or processed for them.
j. Marketing - means any form of commercial communication of messages that are designed to, or have the effect or likely effect of, increasing the recognition, appeal and/or consumption of particular products and services, whether directly or indirectly. It includes but is not limited to acts of advertising and promotions of a product or service including the advertising of corporate social responsibility initiatives, and sponsorships .
k. Message - means the presentation of letters, images, artificial marks, photographs, motion pictures, light, sound, or any other action that enables the general public to comprehend the conveyed meaning.
l. Point-of-sale - refers to a kiosk, counter, cashier, or any specific, definite, and limited area, where an individual can purchase or otherwise obtain food and beverage products.
m. Public event - means any activity that is open for public access and participation, regardless of the identity of the organizer or coordinator of such activity. It includes but is not limited to events such as sporting, music, and recreation events that target and attract children.
n. Public space - means a place accessible to the general public or a place for collective use, regardless of ownership or right to access;
o. Public transport - means any vehicle used for carriage of members of the public, usually for reward or commercial gain, including taxis and vehicles for hire;
p. Sponsorship - means any form of contribution to any event, activity or individual with the aim, effect or likely effect of promoting a food or beverage product either directly or indirectly .
ARTICLE II
REGULATING THE MARKETING OF FOODS AND BEVERAGES TO CHILDREN
Section 4. Food and beverages not permitted to be marketed to children - (a) The Municipal Nutrition Officer in consultation with the Department of Health (DOH) and guided by Philippine national dietary guidelines and applicable regional nutrient profile models, prohibits the marketing of the following categories of food and beverages to children:
i chocolate and sugar confectionery, energy bars, and sweet toppings and desserts;*
ii cakes, sweet biscuits and pastries and other sweet bakery products, and dry mixes for making such;*
iii all types of candies, such as hard and chewy candy, chewing gum, marshmallows, and lollipops;**
iv heavily salted snacks such as chips or chichirya;**
v instant noodles;**
vi jellies, ice crushes, slushies;**
vii soft drinks, alcoholic drinks, flavored mineral water, energy drinks, sports drinks, tea, coffee, powdered juice drinks;**
viii any processed fruit or vegetable juice with added sugar of more than 20 grams or four teaspoons per serving;**
ix beverages that contain non-nutritive sweeteners;*
x any food or beverage product containing partially hydrogenated oils or with industrially-produced trans-fatty acid content of more than 2 g per 100 g of total oils and fats;*
xi other food and beverages that may be identified by the MNO, in consultation with the DOH.
Section 5. Prohibited Acts - The following acts are declared unlawful and prohibited under this Ordinance:
a) Child-directed marketing - It is absolutely prohibited to employ child-directed marketing for food and beverages identified as not permitted for marketing to children in Article II, Section 4. No entity shall initiate, produce, publish, broadcast, or disseminate any advertising, promotion, or sponsorship of such food and beverages that employ child-directed marketing techniques within the Municipality.
For the purposes of this Ordinance, child-directed marketing means all marketing targeted to children, which includes, but is not limited to, marketing that uses: images, sounds or language designed to appeal to children such as characters, personalities or celebrities (licensed or unlicensed), children actors or voices, or references to school or play; toys or book giveaways, competitions or promotional giveaways, buy-one-take one, discounts, and pricing bundle strategies; themes designed to attract children (e.g. fantasy or adventure); games or activities that are likely to be popular with children; or other similar or analogous appeals identified by the MHO.
Child-directed marketing includes, but is not limited to, child-directed marketing conducted in outdoor environments (including in billboards), retail environments (including vending machines and in points-of-sale), public spaces (including transportation terminals) and public events in the Municipality. Child-directed marketing conducted directly (i.e., direct marketing) to individuals is also prohibited in the Municipality under this provision.
Child-directed marketing also includes marketing that is directed to a parent (or another adult) where the end-consumer is a child .
b) Sponsorship of food and beverages not permitted to be marketed to children - No person shall engage, participate in, or facilitate any sponsorship by distributors, manufacturers, and retailers of food and beverages not permitted to be marketed to children, for any activity or event held in the Municipality, which is targeted to or may attract children. This prohibition shall apply to any person whether as a media or event organizer, venue owner, sportsperson, celebrity, artist, or other performer or supporter, as a provider or recipient of any sponsorship contribution, or intermediary that facilitates the sponsorship.
c) Prohibited marketing of foods and beverages in and within child-centered settings - It is absolutely prohibited to market food and beverages not permitted for marketing to children under Article II, Section 4, in and within 250 meters from any point of the perimeter of child-centered settings in the Municipality.
For the purposes of this Ordinance, “child-centered settings” means any location where public activities are held in which children may participate, including but not limited to schools, educational establishments, learning institutions, playgrounds, amusement parks, or other service centers or places frequented by families and children, and other similar and analogous settings. When necessary, the MHO is authorized to identify other child-centered settings within the ambit of this Ordinance.
Section 6. When Communication is Not Considered Marketing - The following exhaustive list of communications and actions shall not be considered marketing of food and beverages even if likely to have an incidental promotional effect.
a) Display of brand name, product name, and/or manufacturer’s name on food and beverage product packaging, without any promotional features on the package;
b) Dissemination or reporting of information on company practices that do not involve contributions to other parties, where required for necessary business administration or for mandated corporate reporting;
c) Legitimate journalistic, artistic, or academic expression of food and beverage content and genuine social or political commentary, authored or created by named individuals engaged in journalism, art, or the academe, for which no payment or any other consideration is made by the food and beverage industry;
d) Product information provided to entities within the food and beverage industry trade, with access only to persons/entities who need the information; and
e) Food and beverage manufacturers’ newsletters destined for distribution within the food and beverage industry and related business partners.
Section 7. Grace Period - All entities affected by this Ordinance shall have a grace period to be set in accordance with Article III, Section 11(b) below to prepare and comply with this Ordinance. During such grace period, the MHO shall conduct extensive information dissemination on the prohibited acts indicated in this Ordinance.
ARTICLE III
LOCAL TASK FORCE TO END HARMFUL FOOD AND BEVERAGE MARKETING TO CHILDREN
Section 8. Local Task Force to End Harmful Food and Beverage Marketing to Children (LTF-EHFB) - There is hereby created a Local Task Force to End Harmful Food and Beverage Marketing to Children, to implement this Ordinance, composed of the following persons and/or heads of the following offices, to wit:
a) Municipal Mayor - Chairperson;
b) Municipal Nutrition Officer - Vice Chairperson and Lead Agency;
c) Municipal Health Officer - Secretariat;
d) Chairperson of the SB Committee on Health;
e) Municipal Legal Officer;
f) Business Permits and Licensing Office;
g) DepEd Sub Office of Taytay;
h) The Public Transport and/or Traffic Management Office;
i) Liga ng mga Barangay President;
j) Mun. Social Welfare and Development Office;
k) Local Youth Dev’t Officer;
l) BCPC Representative per Barangay;
m) LCPC Representative (Municipal level);
n) Municipal Public Order and Safety Office; and
o) Representatives from two (2) civil society organizations with expertise in implementing nutrition programs as designated by the MHO, within thirty (30) days from the effectivity of this Ordinance.
Section 9. Policy Against Interference by the Food and Beverage Industry - The LTF-EHFB shall not include as its member any person or entity upholding or accommodating the interests of the food and beverage industry or is connected in any way to the food and beverage industry, to protect the health objectives of this Ordinance from any and all interests prejudicial to the policies herein and to protect its integrity. No member of the Task Force shall receive for themselves or for other individuals, beneficiaries, or groups, any contribution or compensation, directly or indirectly, whether financial or otherwise, from the food and beverage industry. Non-compliance of this provision shall be grounds for removal of the erring LTF member/s and other sanctions and penalties available under applicable laws, rules, and regulations.
Section 10. Declaration against conflict of interest - All representatives of government agencies and organizations, including civil society, non-government, grassroots, and international organizations, that take any part, directly or indirectly, in the setting and implementing of policies and measures that ultimately aim to reduce overweight and obesity shall be required to fully accomplish a signed declaration under oath, prepared by the MHO, that states, among others, that they are not affiliated with the food and beverage industry, and that they do not act on such industry’s behalf or interests. The signed and notarized copy of such declarations shall be made available to the public primarily via the LGU website and other means to readily access such information.
Section 11. Duties and Responsibilities of the LTF-EHFB - The Task Force shall:
a) Enforce regulatory mechanisms and implement programs in the Ordinance;
b) Develop and implement supporting guidelines and policies necessary for the implementation of this Ordinance, provided that the Task Force shall have six (6) months from the effectivity of this Ordinance to issue guidelines identifying child- centered settings as indicated in Article II, Section 5(c), and twelve (12) months to issue guidelines on child-directed marketing strategies in platforms and settings as indicated in Article II, Sections 5(a) and (b); of
c) Develop and implement a social behavioral change and communication (SBCC) program under Article V, Section 14 of this Ordinance to promote the consumption of healthy diets among citizens in the LGU and increase its demand among them;
d) Identify opportunities to improve the Municipality’s programs to promote healthy diets and food environments and develop and implement the initial actions corresponding to such opportunities;
e) Monitor and evaluate the implementation of the Ordinance and actively seek good practices from all stakeholders; and
f) Submit an annual report on the implementation of the Ordinance to the Municipal Council with recommendations on how to improve the enforcement and implementation of supporting healthy diet programs, and the proposed utilization of the Healthy Children Trust Fund.
Section 12. Duties and responsibilities of the members of the LTF-EHFB
a) The Mayor shall:
i. Regularly convene the Task Force and exercise general supervision and oversight over the activities of the Task Force;
ii. Exercise all powers, including lawmaking powers, to ensure the full implementation of this Ordinance;
iii. Lead the promotion of all programs, including the healthy diet programs in Article V of this Ordinance, in the Municipality;
iv. Regularly coordinate with the Local Health Board and the Local Council for the Protection of Children and task the members thereof to assist in the full implementation of this Ordinance; and
v. Regularly coordinate with national government agencies and other LGUs to share best practices and policies in regulating marketing of food and beverages under this Ordinance.
The Mayor may delegate such tasks and duties to the Vice Chairperson whenever necessary. The MNO shall also perform the duties of the Mayor in the latter’s absence or unavailability.
b) The MNAO shall:
i. Draft and implement policies on healthy diets and environments, including this Ordinance, as part of the health program and propose funding under the general budget of the Municipality;
ii. Establish baseline annual data on the prevalence of overweight and obesity and further studies, and recommend action based on such data;
iii. Monitor, together with other Task Force members, the compliance of this Ordinance including in public places, establishments, conveyances, and points-of- sale;
iv. Establish a procedure requiring any person or entity—whether as a media or event organizer, venue owner, sportsperson, celebrity, artist, or other performer or supporter, as a provider or recipient of any sponsorship contribution, or intermediary that facilitates the sponsorship—to secure prior approval from the MHO before engaging, participating in, or facilitating marketing activities in the Municipality, which may include prohibited sponsorship and promotional activities that are targeted to children;
v. Facilitate, together with the Business Permits and Licensing Office (BPLO) and other Task Force members, the serving of notices, imposition of fines, suspension, or revocation of permits / licenses for violations;
vi. Assign a hotline or any number or email address to which violations of this Ordinance may be reported, or other means of communication, and likewise assign a person to operate the line and record the reports;
vii. Commence investigations on its own or upon letter complaint from any consumer regarding any violation of this Ordinance, and upon a prima facie finding of a violation, commence the appropriate action against any person who appears responsible;
viii. Assist hospitals and other health facilities including any office of the DOH within the Municipality, together with other Task Force members, in the monitoring of prohibited food and beverage marketing under this Ordinance, in and within 250 meters from any point of the perimeter of child-centered settings; and
ix. Subject to the approval of the LTF-EHB, manage and control the utilization of the Healthy Children Trust Fund under Section 15 herein.
c) The Municipal Legal Officer shall:
i. Assist the Task Force in reviewing reports of and complaints for violations of this Ordinance and in determining liability and appropriate cases to file; and
ii. Extend any legal assistance and/or file cases on matters pertaining to this Ordinance.
d) The Business Permits and Licensing Office shall:
i. Require a sworn certification from business permit applicants that they have read and understood the provisions of this Ordinance, which requirement shall be integrated in the business permit application or renewal process;
ii. Order the suspension or revocation of business permits of retail, point-of-sale, and other covered business establishments found to have violated this Ordinance;
iii. Deny renewal of licenses / permits of repeat violators of this Ordinance;
iv. Conduct, together with the MHO or on its own, inspection activities to ensure compliance with this Ordinance, which inspection activity shall be integrated in the business permit application or renewal process; and
v. Together with the Building and Engineering Office, establish a procedure for identifying, informing, and marking establishments covered by the prohibition on food and beverage marketing under this Ordinance, that are in and within 250 meters from any point of the perimeter of child-centered settings.
e) DepEd Sub Office of Taytay shall:
i. Assist in the monitoring of prohibited food and beverage marketing in this Ordinance, in and within 250 meters from any point of the perimeter of child- centered settings;
ii. Report any such prohibited food and beverage marketing above to the MHO for appropriate action by the Task Force; and
iii. Check the implementation of existing MCs and MEs in schools.
f) The Public Transport and/or Traffic Management Office shall:
i. Enforce the prohibitions in this Ordinance in public transport terminals and in any place in the Municipality where public utility vehicles pick up and drop off passengers, by taking down any prohibited marketing therein;
ii. Conduct, together with the MHO or on its own, inspection activities as provided in this Ordinance; and
iii. Establish a procedure for identifying and marking public terminals and places where public utility vehicles pick up and drop off passengers, that are covered by the prohibitions under this Ordinance.
g) The Local President of the Liga ng mga Barangay shall:
i. Assist in promoting awareness of this Ordinance and encouraging public support and participation in its implementation and enforcement;
ii. Together with all the Barangay Captains and the Philippine National Police (PNP) or other members of the Task Force, facilitate the reporting and monitoring of violations of this Ordinance within their jurisdictions; and
iii. Coordinate among Barangay Health Workers, Kagawads, and Tanods and other enforcers for the implementation of activities consistent with this Ordinance.
h) The Social Welfare and Development Office shall:
i. Assist in promoting awareness of this Ordinance and encouraging public support and participation in its implementation and enforcement; and
ii. Assist in the monitoring of prohibited food and beverage marketing in this Ordinance, in and within 250 meters from any point of the perimeter of child- centered settings.
i) The Youth Development Council shall:
i. Develop and produce social behavioral change and communication materials on healthy food environments, as well as on the provisions of this Ordinance;
ii. Encourage constituents to monitor and report violations of this Ordinance; and
iii. Assist the MHO in developing, promoting, and implementing policies on healthy diets and environments.
j) The Municipal Public Order and Safety Office shall:
i. Direct the orderly enforcement of this Ordinance;
ii. Ensure apprehension of violators in accordance with the provisions of this Ordinance and other rules and procedures of engagement;
iii. Assist Task Force members, Municipal Officials, and deputized civilians in apprehending violators and in filing the appropriate complaints when necessary;
iv. Assist in promoting awareness of this Ordinance and in encouraging public support and participation in its implementation and enforcement; and
v. Employ the assistance of the members of the Task Force and other police enforcers during enforcement when coordination is necessary.
k) The civil society organization representatives shall:
i. Assist the government agencies above in inspections, investigations, and in monitoring violations of this Ordinance;
ii. Assist in promoting awareness of this Ordinance and in encouraging public support and participation in its implementation and enforcement;
iii. Assist in developing and conducting orientation and training seminars for enforcers; and
iv. Assist in evaluating the performance of the Task Force and the effectiveness of the implementation of this Ordinance.
The board shall meet quarterly or as may deemed necessary
ARTICLE IV
PENALTIES
Section 13. Penalties - The following penalties shall be imposed for each violation of the prohibitions in this Act:
a. The directors and officers responsible for any entity considered as a large enterprise by the Department of Trade and Industry (DTI), that commits any of the prohibited acts in Article II, Section 5 of this Ordinance, shall pay a fine of two thousand five hundred pesos (Php 2,500) and shall suffer the penalty of imprisonment ranging from one (1) to two (2) months.
b. The directors and officers responsible for any entity considered as micro, small, and medium-sized enterprises (MSMEs) by the DTI or are otherwise not considered large enterprises by the DTI, that commits any of the prohibited acts in Article II, Section 5 of this Ordinance, shall pay a fine of two thousand five hundred pesos (Php 2,500) and shall suffer the penalty of imprisonment of one (1) month.
c. Any person who does not represent a juridical entity, which commits any of the prohibited acts in Article II, Section 5 of this Ordinance, shall pay a fine of two thousand pesos (Php 2,000).
d. In addition to the foregoing fines and penalties, the following corrective actions, if not initiated by the offenders themselves, shall be imposed by the appropriate authorities to the entities that violates this Ordinance:
i. Seizure and condemnation, destruction, and/or appropriate disposition of items of prohibited marketing;
ii. Issuance of takedown orders against banned advertising, promotions, and sponsorship content;
iii. Cancellation of applicable licenses, registrations, and permits to operate for business establishments; and
iv. Closure of the food and beverage establishment.
e. A violation under Article III, Section 9 of this Ordinance, committed by a Government Official or Employee, shall be ground for filing of administrative cases for violation of Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, as appropriate. Local elective officials shall be subject to administrative disciplinary action by the Secretary of Interior and Local Government, or the Office of the President, as appropriate, and as provided by relevant laws, rules, and regulations.
ARTICLE V
HEALTHY DIET PROGRAMS
Section 14. Institutionalization of programs promoting healthy diets and lifestyles - Local government agencies in the Task Force shall establish and ensure the full implementation of all programs and projects that seek to promote healthy diets, the ultimate aims of which are to address overweight and obesity in children and eradicate malnutrition among them. These programs and projects include, but are not limited to, the following:
a. Halina’t Magtanim ng Prutas at Gulay (HAPAG) program - The Office of the Mayor shall promote the HAPAG program, which aims to put up community gardens in idle lands in Taytay to increase sources of nutritious fruits and vegetables in the LGU.
b. Gulayan sa Paaralan (GPP) program - The Office of the Mayor shall also promote the existence of healthy food alternatives in schools, by adopting the GPP program of the Department of Education as a program that seeks to address overweight and obesity among school age children. To this end, the LGU shall promote the GPP program as a health measure.
c. “Green Zone” program - The Office of the Mayor shall designate the child-centered settings as defined in this Act as “green zones”, or zones where healthy food is readily available, accessible, and affordable. To this end, only individuals or entities that sell whole, unprocessed, or healthy food shall be included as suppliers or concessionaries in these Green Zones.
d. Social Behavioral Change and Communication (SBCC) program - The LTF-EHFB shall lead the development and implementation of an SBCC program to popularize the consumption of healthy food among citizens in the LGU and increase its demand among them. The LTF-EHFB shall ensure the dissemination of its messages across all media forms and shall conduct regular evaluations of the impact of its SBCC program.
ARTICLE VI
FINAL PROVISIONS
Section 15. Healthy Children Trust Fund - A Healthy Children of Taytay Trust Fund is hereby created. All fines collected under Article IV of this Ordinance shall be held in favor of and deposited to said trust fund account and shall be used exclusively for the implementation of the Municipality’s programs to combat overweight and obesity among children. The MHO shall be responsible for the management and control of the Trust Fund.
Section 16. Appropriation - An initial fund of Php 150,000.00 shall be allocated for the implementation of this Ordinance. Succeeding appropriations shall be included in the general appropriations of the Municipal Government annually, based on the recommendation of the TWG.
Section 17. Repealing Clause - Any provision of existing ordinance or executive order contrary to the provisions hereof shall be deemed repealed or amended accordingly.
Section 18. Separability clause - If for any reasons any portion of this Ordinance is declared unconstitutional or invalid, the other portions or provisions hereof which are not affected shall continue to be in full force and effect.
Section 19. Effectivity clause - This Ordinance shall take effect ten (10) days after posting of this ordinance in all official Municipal Transparency Boards.
ENACTED, this 17th day of January, 2024, 2:24 PM at the Sangguniang Bayan Session Hall, Municipality of Taytay, Province of Rizal.
Authored by:
Coun. John Tobit E. Cruz
Co-Authored by:
Coun. Ma. Jeca B. Villanueva
Sponsored by:
Committee on Health
Co-Sponsored by: