ACCORDING TO the World Health Organization (WHO), non-communicable diseases (NCDs) kill 41 million people each year, equivalent to 71% of all deaths globally. NCDs are diseases of long duration and generally slow progression. The four major types of NCDs are cardiovascular diseases (CVDs), cancer, chronic respiratory diseases and diabetes.
In the Philippines, NCDs account for 68% of all deaths. One in every three Filipinos is likely to die before the age of 70 from one of the four major NCDs. CVDs, particularly coronary heart disease (CHD), account for nearly half of the world’s NCD related deaths and claim around 70,000 lives in the Philippines every year.
High intake of trans-fatty acids (TFA) increases the risk of death from any cause by 34% and CHD mortality and morbidity by as much as 23% and 28%, respectively. Every year, more than half a million deaths are attributed to TFA globally. Dubbed as the “tobacco of nutrition,” TFA has no health benefits and is completely replaceable with no difference in taste or cost of food.
TFA – all fatty acids with a double bond in the trans configuration, regardless of whether they are produced industrially or come from ruminant sources.Thus, the WHO published the REPLACE Technical Action Package as a road map towards a trans fat free world by 2023. Partially hydrogenated oils (PHOs), the major source of TFA, have been banned in many countries including Denmark, Argentina, Thailand and Singapore in order to reduce TFA consumption. Countries that regulated TFA have seen a significant decline in CHD deaths. Denmark’s regulation limiting TFA content to 2g per 100g of fat in food products resulted in a 75% reduction in CHD-related deaths. In Argentina, an estimated 301 to 1,517 cardiac deaths every year were averted by eliminating industrially-produced TFA, saving the government as much as USD 87 million in healthcare costs annually.
The importance of addressing the problem of CHDs and CVDs as a whole has never been more pronounced than during this COVID-19 pandemic where patients with comorbidities, such as CHD, have a higher risk of serious illness or death. As of June 8, 2020, 49% of COVID-19 deaths in the Philippines had comorbidities. Now more than ever, the need for preventative health care and healthy lifestyle promotion must be realized in line with the vision of universal health care.
In addition, the WHO believes that TFA elimination is considered as one of the simplest and most straightforward public health interventions to reduce the risk of CVDs and improve nutritional quality of diets. As more countries regulate TFA, countries without regulations become vulnerable to dumping of TFA-rich imported food. Thus, it becomes even more urgent to join the global movement to become TFA-free by 2023.
Senator Nancy Binay’s Senate Bill No. 1916 otherwise known as “Trans Fat Free Philippines Act” seeks to protect all Filipinos from the harmful effects of trans-fatty acids and promote a healthy lifestyle for all.
According to Binay, the Food and Drug Administration (FDA), in coordination with Department of Interior and Local Government (DILG) and other relevant agencies, shall strengthen the capacity of local government units (LGUs) in implementing and enforcing the provisions of this proposed measure with regard to prepackaged and processed food produced and marketed in traditional markets and food service establishments. The FDA shall assist LGUs in regulating food service establishments, upon request of the LGU. Such assistance shall Include the use of laboratories for testing and sharing of information relevant to products registered with the FDA.
The following administrative penalties shall be imposed on food business operators found to be in violation of Sections 10, 11, and 12 of this Act: (a) For the first violation, a fine of not less than Fifty Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00) and suspension of the CPR and/or LTO for one (1) month; (b) For the second violation, a fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) and suspension of CPR and/or LTO for three (3) months; and (c) For the third violation, a fine of not less than Two Hundred Thousand Pesos (P200,000.00) but not more than Three Hundred Thousand Pesos (P300,000.00). Suspension of CPR and/or LTO for one (1) year or revocation of the CPR, LTO, and other relevant licenses and permits. The following administrative penalties shall be imposed on food businesses operators found to be in violation of Section 13 of this Act: (a) For the first violation, a fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) and suspension of the CPR and/or LTO one (1) year; and (b) For the second violation, a fine of not less than Two Hundred Thousand pesos (P200,000.00) but not more than Three Hundred Thousand Pesos (P300,000.00) and revocation of CPR and/or LTO. The imposition of fines shall take into consideration the annual gross sales, capital investment and employee size of the food business operator.
In addition to administrative penalties, the following penalties of imprisonment may be imposed on food business operators: (a) For violations under Sections 10, 11, and 12, imprisonment of not less than one (1) month but not more than six (6) months; and (b) For violations under Section 13, imprisonment of not less than six (6) months but not more than one (1) year. Criminal and administrative actions for violations of this Act may be instituted separately and independently from one another. Should the offense be committed by a juridical person, the Chair of the Board of Directors, the President, General Manager, or the partners and/or the persons directly responsible therefore shall be penalized. If the offender is an alien, he shall be deported after service of sentence and payment of fine without further deportation proceedings. In case the violation is committed by, or in the interest of, a foreign juridical person duly licensed to engage in business in the Philippines, such license to engage in business in the Philippines shall immediately be revoked.
The above penalties shall not preclude the imposition of applicable penalties by LGUs, and any other sanctions under applicable laws, rules, and regulations. In addition to the foregoing fines and penalties, the following sanctions may also be imposed: (a) Seizure and condemnation, destruction and/or appropriate disposition of noncompliant food products by the FDA; and/or (b) Closure of establishment by the LGUs having jurisdiction.