Toy and Game Safety Labeling Act of 2013

Majority of us Filipinos, I believe, would just settle and prefer more to buy toys for our children from the sidewalks and as well as those stores which sell toys from China.  Despite the fact that those toys are not labeled properly or labeled in absolute foreign language (not in English), we really do not mind about it.  

We buy those unlabeled and improperly labeled toys unmindful of the chemicals they contain, don't we?

Because most of the users of those toys we bought are children, especially toddlers, they would be prejudiced mostly to the hazardous chemicals present in the toys.  

Because the State recognizes that children, by reason of their physical and mental immaturity, need special safeguard and care, the Congress has legislated a new law for their protection.  This law is known as "Toy and Gaming Safety Labeling Act of 2013" or the Republic Act Number 10620.  Accordingly, the State acknowledges its obligation to secure the right of the children to proper care and special protection from all forms of neglect and other conditions prejudicial to their development.  

Thus, the State shall ensure the protection of children against potential hazards to their health and safety by requiring special labeling of toys and games.  To guarantee the rights of children to safety and protection, the State shall provide a means of redress for violation.

DEFINITION OF TERMS:

1.  Hazardous Substance - refers to any substance or mixture of substance which is TOXIC, CORROSIVE, IRRITANT, A STRONG SENSITIZER, FLAMMABLE OR COMBUSTIBLE, OR GENERATES PRESSURE THROUGH DECOMPOSITION, HEAT OR OTHER MEANS, if such substance causes any substantial injury or illness during or as a proximate result of any customary or reasonably foreseeable ingestion by children.

2.  Label or Labeling - refers to the display of written, printed or graphic matter on any consumer product, its immediate container, tag, literature or other suitable material affixed thereto for the PURPOSE OF GIVING INFORMATION AS TO IDENTIFY COMPONENTS, INGREDIENTS, ATTRIBUTED, DIRECTIONS FOR USE, SPECIFICATIONS AND SUCH OTHER INFORMATION AS MAY BE REQUIRED BY LAW OR REGULATIONS.

3.  Package or Packaging - refers to any container or wrapping in which any consumer product is enclosed for use in the delivery or display of that consumer product to retail purchasers.

4.  Principal Display Panel - refers to the part of the label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail of sale.

LABELING REQUIREMENTS FOR TOYS AND GAMES:

All toys and games LOCALLY OR INTERNATIONALLY manufactured that are IMPORTED, DONATED, DISTRIBUTED AND SOLD in the Philippines shall comply with the appropriate provisions on safety labeling and manufacturer's markings found in the Philippine National Standards (PNS) for the safety of toys.

TOYS AND GAMES NOT COVERED WITH THE LABELING REQUIREMENTS:

It shall not apply to toys and games WHICH ARE NOT INTENDED for children including, but not limited to, MEMORABILIA OR COLLECTIBLES.

GENERAL LABELING REQUIREMENTS:

Except as otherwise provided, ANY CAUTIONARY STATEMENT shall be displayed in its entirety on the principal display of the product's package and on any descriptive material which accompanies the product.  In the case of bulk sales of such product when unpacked, the CAUTIONARY STATEMENT shall be displayed on the bin or container used for the retail display of the product, and any vending machine from which the unpacked product is dispensed and displayed .

THE CAUTIONARY STATEMENT SHALL BE WRITTEN IN ENGLISH OR FILIPINO OR BOTH WRITTEN IN COMMON LANGUAGE, in conspicuous and eligible type in contrast by typography, layout, or color with other printed matter on such package, descriptive materials, bin, container and vending machine, and in the manner consistent with the provisions of Republic Act No. 7394, otherwise known as the "Consumer Act of the Philippines."

EXCEPTION TO GENERAL LABELING REQUIREMENTS:

It shall not be applied to products manufactured and packaged outside the country and directly shipped from the manufacturer to the consumer by mail or other delivery service.

TREATMENT ON MISBRANDED OR BANNED HAZARDOUS SUBSTANCE:

A BALLOON, BALL, MARBLE, OR TOY OR GAME which packaging is NOT in compliance with the requirements of this law shall be considered a MISBRANDED or BANNED HAZARDOUS SUBSTANCE.  

It shall be withdrawn from the market at the expense of the manufacturer or importer and shall not be allowed to be distributed, sold or offered for sale in the Philippines UNLESS and UNTIL the requirements of the law are complied without prejudice to any liability and penalty that may be incurred.

PENALTIES:

Any person who shall violated any provision of this law shall be subject to a FINE OF NOT LESS THAN TEN THOUSAND (P10, 000.00) PESOS BUT NOT MORE THAN FIFTY THOUSAND (P50, 000.00) PESOS OR IMPRISONMENT OF NOT LESS THAN THREE (3) MONTHS BUT NOT MORE THAN TWO (2) YEARS, OR BOTH, at the discretion of the court.

DISPOSAL OF SEIZED MATERIALS:

Any toys and games found to be in violation of the provisions of the law shall be CONFISCATED AND FORFEITED in favor of the government and shall be disposed in accordance with pertinent laws and regulations.

R.A. No. 10620 was signed into law on July 23, 2012 and took effect fifteen (15) days after its publication in at least two (2) newspapers of general circulations.

Source:  Official Gazette at www.gov.ph