Pursuant to Article II, Section 15 of the 1987 Philippine Constitution to protect the right to health of the people and instill health consciousness among them; and in Section 15 (2), Chapter 4, Title IX, Book IV of the Administrative Code of 1987 authorizes the Food and Drug Administration (FDA) to act as the policy formulation and sector monitoring arm of the Secretary of Health on matters pertaining to food, drugs, traditional medicines, cosmetics and household products containing hazardous substances, and to formulate rules and regulations and standards in accordance with the FDA mandate in accordance with Republic Act No. 3720 as amended by Executive Order No. 175 and further amended by Republic Act No. 9711, and other allied laws for their proper and effective enforcement, this regulation is hereby promulgated for the information and compliance of all concerned.
Furthermore, Article III Section 5(f) on Food Safety Requirements under Republic Act No. 10611 or the Food Safety Act of 2013, states that “compliance of a food product with specific standards applicable to a specific food shall not prohibit the competent authorities to take appropriate measures or to impose restrictions on entry into the market or to require its withdrawal from the market, where there is reason to suspect that such food product shows food safety-related risks.”
Food packaging technology and market innovation concerning stand-up pouch, flexible, tetra pack and similar packaging materials are now evolving in both the international and local market, hence the FDA sets the following guidelines to protect the consumers, especially children:
- All alcoholic beverages, regardless of type of packaging, shall only be displayed in designated conspicuous area in all convenience stores, supermarkets, hypermarkets, groceries and other food retailing stores with prominent signage “ALCOHOLIC BEVERAGES.” Other beverages with alcohol regardless of level of alcohol content like alcopop (flavoured beverage with alcohol content) shall likewise be displayed in this same designated area. These beverages shall not bedisplayed together with other products like juice drinks and MUST NOT be accessible to children;
- Owners or operators of sari-sari stores which may not have enough space to designate an area for alcoholic beverages and other beverages with alcohol content shall be responsible to ensure that subject beverages as mentioned in Item no. 2 above are not sold to minors (below 18 years old); and
- Promotional and advertising materials on alcoholic beverages and beverages with alcohol content (regardless of amount) shall clearly state or inform consumers that such beverages contain alcohol, and therefore not to be promoted and advertised to be sold to and consumed by minors. Packaging and labelling materials shall not be appealing to children.Sanctions and penalties over violations of any of the provisions of this FDA Circular shall follow the Rules of Republic Act No. 10611 and its IRR, otherwise known as the Food Safety Act of 2013.The FDA is enjoining all concerned, including local government units having jurisdiction on sari-sari stores, convenience stores, groceries, hypermarkets, supermarkets and other similar food retailing stores to strictly implement these guidelines.
This Circular shall take effect immediately.
Attachment-> : FDA Circular No. 2019-006