Article 82Supplement v1, p. 82

COMMERCIAL LAWS SUPPLEMENT

a) establish and define standards for characterization of

the size of a package enclosing any consumer product

which may be used to supplement the label statement of

net quality, of contents of packages containing such

products

but this clause shall not be construed as

authorizing any limitation on the size, shape, weight,

dimensions, or number of packages which may be used

to enclose any product;

b) regulate the placement upon any package containing

any product or upon any label affixed to such product of

any printed matter stating or representing by implication

that such product is offered for retail at a price lower than

the ordinary and customary retail price or that a price

advantage is accorded to purchases thereof by reason of

the size of the package or the quantity of its contents;

c)

prevent

the

nonfunctional

slack-fill

of

packages

containing consumer products.

For purposes of paragraph (c) of this Article, a package

shall be deemed to be nonfunctionally slack-filled if it is

filled to substantially less than its capacity for reasons

other than (1) protection of the contents of such package,

(2) the requirements of machines used for enclosing the

contents in such package, or (3) inherent characteristics

of package materials or construction being used.

ARTICLE 80. Special Packaging of Consumer Products for

the Protection of Children . — The concerned department

may establish standards for the special packaging of any

consumer product if it finds that:

a) the degree or nature of the hazard to children in the

availability of such product, by reason of its packaging, is

such

that

special

packaging

is

required

to

protect

children from serious personal injury or serious illness

resulting from handling and use of such product; and

b) the special packaging to be required by such standard

is technically feasible, practicable and appropriate for

such product. In establishing a standard under this

Article, the concerned department shall consider:

1) the reasonableness of such a standard;

2) available scientific, medical and engineering data

concerning special packaging and concerning accidental,

ingestions, illnesses and injuries caused by consumer

product;

3) the manufacturing practices of industries affected by

this Article; and

4) the nature and use of consumer products.

ARTICLE 81. Price Tag Requirement . — It shall be unlawful

to offer any consumer product for retail sale to the public

without

an

appropriate

price

tag,

label or marking

publicly displayed to indicate the price of each article and

said products shall not be sold at a price higher than that

stated therein and without discrimination to all buyers:

Provided , That lumber sold, displayed or offered for sale to

the public shall be tagged or labeled by indicating

thereon the price and the corresponding official name of

the wood: Provided, further , That if consumer products for

sale are too small or the nature of which makes it

impractical to place a price tag thereon price list placed

at the nearest point where the products are displayed

indicating the retail price of the same may suffice.

ARTICLE 82. Manner of Placing Price Tags . — Price tags,

labels or markings must be written clearly, indicating the

price of the consumer product per unit in pesos and

centavos.

ARTICLE 83. Regulations for Price Tag Placement . — The

concerned

department

shall

prescribe

rules

and

regulations for the visible placement of price tags for

specific consumer products and services. There shall be

no erasures or alterations of any sort of price tags, labels

or markings.

ARTICLE 84. Additional Labeling Requirements for Food .

— The following additional labeling requirements shall be

imposed by the concerned department for food:

a) expiry or expiration date, where applicable;

b) whether the consumer product is semi-processed, fully

processed, ready-to-cook, ready-to-eat, prepared food or

just plain mixture;

c) nutritive value, if any;

d) whether the ingredients use are natural or synthetic, as

the case may be;

e) such other labeling requirements as the concerned

department may deem necessary and reasonable.

ARTICLE 85. Mislabeled Food . — A food shall also be

deemed mislabeled:

a) if its labeling or advertising is false or misleading in any

way;

b) if it is offered for sale under the name of another food;

c) if it is an imitation of another food, unless its label bears

in

type

of

uniform

size and prominence, the word

"imitation" and, immediately thereafter, the name of the

food imitated;

d) its containers is so made, formed, or filled as to be

misleading;

e) if in package form unless it bears a label conforming to

the requirements of this Act: Provided , That reasonable

variation

on

the

requirements

of

labeling

shall

be

permitted and exemptions as to small packages shall be

established

by

the

regulations

prescribed

by

the

concerned department of health;

f) if any word, statement or other information required by

or under authority of this Act to appear on the principal

display panel of the label or labeling is not prominently

placed thereon with such conspicuousness as compared

with other words, statements, designs or devices in the

labeling and in such terms as to render it likely to be read

and

understood

by

the

ordinary

individual

under

customary conditions of purchase and use;

g) if it purports to be or is represented as a food for which

a definition or standard of identity has been prescribed

unless:

1) it conforms to such definition and standard; and

2) its labels bears the name of the food specified in the

definition or standards, and insofar as may be required by

such

regulations,

the

common

names

of

optional

ingredients other than spices, flavoring and coloring,

present in such food;

h) if it purports to be or is represented as:

1) a food for which a standard of quality has been

prescribed by regulations as provided in this Act and its

quality fall below such standard, unless its label bears in

such manner and form as such regulations specify, a

statement that it falls below such standard; or

2) a food for which a standard or standards or fill of

container

have

been

prescribed

by

regulations

as

provided by this Act and it falls below the standard of fill

of container applicable thereto, unless its label bears, in

such manner and form as such regulations specify, a

statement that it falls below such standard;

i) if it is not subject to the provisions of paragraph (g) of

this Article unless its label bears:

1) the common or usual name of the food, if there be any;

and

2) in case it is manufactured or processed from two or

more ingredients, the common or usual name of such

ingredient; except the spices, flavorings and colorings

other than those sold as such, may be designated as

spices, flavorings and colorings without naming each:

Provided , That to the extent that compliance with the

requirement

of

clause

(2)

of

this

paragraph

is

impracticable

or

results

in

deception

or

unfair

competition,

exemptions

shall

be

established

by

regulations promulgated by the concerned department

of health;

j) if it purports to be or is represented for special dietary

uses, unless its label bears such information concerning

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