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Philippines Consults Over Proposed Order for Toys and Childcare Articles

SafeGuardSToys and Juvenile ProductsJanuary 16, 2024

SG 07/24

The Philippines has initiated a consultation over its draft legislation on toys and childcare articles. Comments were accepted until January 15, 2024.

In December 2023, the Philippine Center for Cosmetics and Household/Urban Hazardous Substances Regulations and Research (CCHUHSRR) initiated a consultation over the nation’s draft Rules and Regulations Governing the Issuance of Authorization for Toys and Childcare Articles (the draft Order).

The draft Order intents to:

  • Revise and align toys and childcare articles (TCCA) regulations with appropriate laws and established standards
  • Establish the product notification procedure for TCCA
  • Justify the issuance of Certificates of Exemption for exempted toys, games and childcare articles
  • Determine the roles and responsibilities of market authorization holders (MAH) in ensuring TCCA product safety and quality

This requires a major revision of the current ‘Republic Act 10620’ (An Act Providing for Toy and Game Safety Labeling). This current law and its implementing rules provide guidance/directive to toy suppliers to follow the labeling requirements stated therein. Compliance with toy safety standards is currently voluntary.

Highlights of the draft Order are summarized in Table 1.

Draft Order ‘Rules and Regulations Governing the Issuance of Authorizations for Toys and Childcare Articles’

Section to Draft OrderHighlights
III ‘Scope
  • Toys and articles intended for use by children less than 14 years of age
V ‘General guidelines’
  • Establishments for TCCA products must secure a license to operate (LTO)
  • Licensed establishments should secure a certificate of product notification (CPN) prior to importation and/or placing the product on the market
  • TCCA products are obliged to comply with requirements for general safety, applicable product safety standards, labeling and packaging
  • Directs the Food and Drug Administration (FDA) to conduct post market surveillance (PMS) activities on establishments and products for compliance
VI ‘Specific guidelines’
  • TCCA products are to be classified according to age group and use:
    • Toys for children under 14 years of age
    • Swings, slides and similar activity toys for indoor and outdoor family domestic use
    • Childcare articles
  • Licensing of economic operators
  • Market authorization of products
  • Rules for products for specific purposes
VII ‘ Roles and responsibilities’
  • Details responsibilities for manufacturers, traders, packers, repackers and distributors
  • Directs the FDA to establish guidelines and other measures to implement the Order
Annex A ‘Decision tree for the classification of TCCA products’
  • A decision tree and an illustrative list of TCCA products to assist stakeholders on whether a product is within the scope
Annex B ‘List of requirements for TCCA CPN application’
  • Submission requirements for supporting a TCCA product notification application:
    • Declaration and oath undertaking
    • Completed application form
    • Product artwork or commercial loose label
    • Product photo
    • Copies of laboratory reports
  • Product claim substantiation supporting documents, if applicable
  • Application fee
Annex C ‘Product standards’
  • A list of adopted standards for toys and childcare articles (see Table 2 below)
  • Prohibits bisphenol A (BPA) in childcare articles, particularly infant feeding bottles and sippy cups
  • TCCA products must comply with substances that are prohibited or restricted by the Department of Health (DOH) and FDA
  • TCCA products must not contain the following phthalates exceeding 0.1%: BBP, DBP, DEHP, DIBP, DIDP¹, DINP¹, DNOP¹
Annex D ‘Labeling and packaging requirements’
  • Product information in English, otherwise a parallel translation in English or Filipino
  • Details labeling requirements and cautionary statements

1Only applies to TCCA products that can be placed in the mouth

Table 1

Annex C to draft Order ‘Product Standards’

Scope of TCCAStandard (or accepted equivalent)1
Toys
  • PNS/BHDT ISO 8124-1:2008 ‘Mechanical and physical properties’
  • PNS/BHDT ISO 8124-2:2008 ‘Flammability’
  • PNS/BHDT ISO 8124-3:2008 ‘Migration of certain elements’
  • PNS/BHDT ISO 8124-4:2012 ‘Swings, slides and similar activity toys for indoor and outdoor family domestic use’
  • PNS/BHDT ISO 8124-7:2022 ‘Finger paints’
  • PNS/BHDT ISO 8124-10:2022 ‘Experimental sets for chemistry and related activities’
  • PNS/BHDT ISO 8124-11 ‘Chemical toys (sets) other than experimental sets
Childcare articles
  • PNS/BHDT ISO 8124-3:2008 ‘Migration of certain elements’

1And their future amendments or updates

Table 2

If approved,

  • The Order will become effective 15 days following its publication
  • The FDA should issue implementing rules or guidelines within six months after the Order becomes effective
  • Affected stakeholders are obliged to comply with the new implementing rules or guidelines within six months of them becoming effective

Abbreviations

AbbreviationPhthalate
BBPBenzyl butyl phthalate
DBPDibutyl phthalate
DEHPDi-(2-ethylhexyl) phthalate
DIBPDiisobutyl phthalate
DIDPDiisodecyl phthalate
DINPDiisononyl phthalate
DNOPDi-n-octyl phthalate

Table 3

SGS can help you to sell and distribute your toys internationally. As a global leader in testing, inspection and certification, we have the regulatory knowledge and industry expertise to assess your products and ensure they meet the relevant requirements for sale and distribution in different global markets. Please do not hesitate to contact us for further information or visit our website. In the end, it’s only trusted because it’s tested.

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