Republic of the Philippines
House of Representatives
Gurzon ity

SEVENTEENTH CONGRESS
Third Regular Session

8120

HOUSE BILL No.

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr., and
REP. CHRISTOPHER S. CO

AN ACT
PROHIBITING THE MANUFACTURE, SALE, DISTRIBUTION AND USE OF RINSE-
OFF COSMETICS AND CLOTHING CONTAINING MICROPLASTICS

EXPLANATORY NOTE

This bill seeks to prohibit the manufacture, sale, distribution and use of goods such as rinse-
off cosmetics and clothing, that contain microplastics.

Plastic has been the most widespread marine trash that pollutes our oceans, They come in
many shapes and sizes. Still, there are those that are less than 5 millimeters in size and are called
microplastics.

Microplastics come from different sources, such as larger plastic debris that degrades into
smaller pieces. Microbeads, a type of microplastic, are very tiny pieces of manufactured
polyethylene plastic that are added to cosmetic products, such as facial cleansers and toothpastes.
‘These tiny particles easily pass through water filtration systems and end up in the ocean, which
could pose a threat to aquatic life'. Microfibers are another type of microplastic that come from
synthetic fiber, most commonly polyester”

Microplastics are particularly dangerous because of their ability to attract toxic chemicals.
As they are ingested by small fish, which are in turn eaten by bigger fish, these microplastics and
toxic chemicals accumulate as they go up the food chain. These microplastics and toxic chemicals
can eventually make their way into our own food’.

While Section 15 (n) of RA 9003, or the Ecological Solid Waste Management Act,
provides for a waste management framework that seeks the protection of ground water and surface
water from leachate and run-off contamination, there has to be a distinct approach to the reduction
and eventual removal of microplastics that are discharged to our oceans. This pertains to the
prohibition on the distribution of products that generate this kind of waste.

With the enactment of this law, all materials and products that contain microplastics will
be prohibited entry into Philippine market.

* https: //oceanservice noaa.gov/facts/microplastics. html

2 https://www theguardian.com/environment/2016/jun/20/microfibers-plastic-pollution-oceans-patagonia-synthetic-
clothes-microbeads

» http://theconversation.com/how-microplastics-make-theit-way-up-the-ocean-food-chain-into-fish-69148


of the foregoing, urgent approval estly Shught

RQDEL M. BATOCABE RBIN, Jr. © CHRISTQPHER S. CO


wervranawne

1
12
13
14
15
16
7
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 8120

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr., and
REP. CHRISTOPHER S. CO.

AN ACT
PROHIBITING THE MANUFACTURE, SALE, DISTRIBUTION AND USE OF RINSE-
OFF COSMETICS AND CLOTHING CONTAINING MICROPLASTICS

SECTION 1. Short Title. - This Act shall be known as the “Microplastic Ban Act of 2018.”

SECTION 2. Declaration of Policies - It is hereby declared the policy of the State to
protect and promote the right of the people to a balanced and healthful ecology. It is also
hereby declared the policy of the State to protect the physical, moral, and social well-being
of its citizens by ensuring the use of non-toxic and non-hazardous materials in commerce
and trade.

Towards this end, the State shall prohibit the introduction into the Philippine market, of
products containing microplastics.

SECTION 3. Definition. For purposes of this Act, the following terms shall mean:

a. Plastic microbead - a tiny sphere of plastic less than 5mm in size, such as
polyethylene or polypropylene, intentionally added to rinse-off cosmetic products
such as facial scrubs, body wash, toothpaste, and others.

b. Plastic microfiber - a fine, usually soft polyester fiber having a diameter of less
than ten micrometers, used in fabrics for clothes and other garments

SECTION 4. Prohibition on Microbeads. — It shall be unlawful for any person to
manufacture, sell, import, or distribute anywhere in the Philippines, rinse-off cosmetics
such as toothpaste, facial wash, hand wash, and similar products that contain plastic
microbeads.

Provided, that all sellers, importers, and distributors who possess in their
inventory such rinse-off cosmetics containing microbeads, at the time of effectivity of this
Act, shall be allowed to sell or distribute them within one (1) year. Thereafter, all
remaining microbeads-containing rinse-off cosmetics shall be confiscated and destroyed.

Provided further, that manufacturers and importers who have in their possession
raw materials containing microbeads at the time of effectivity of this Act, shall be allowed
to dispose of such raw materials within one (1) year. Thereafter, all raw materials shall be
confiscated and destroyed.


wavaneune

1
2
13
14
15
16

17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

SECTION 5. Prohibition on Microfiber. — It shall be unlawful for any person to
manufacture, sell, import, or distribute anywhere in the Philippines, garments, clothing,
apparel, or any similar products that contain microfiber.

Provided, that all sellers, importers, and distributors who possess in their
inventory such clothing or similar product containing microfiber at the time of effectivity
of this Act, shall be allowed to sell or distribute them within one (1) year. Thereafter, all
remaining microfiber-containing clothing, garment or similar product shall be
confiscated and destroyed.

Provided further, that manufacturers and importers who have in their possession
raw materials containing microfiber at the time of effectivity of this Act, shall be allowed
to dispose of such raw materials within one (1) year. Thereafter, all raw materials shall be
confiscated and destroyed.

SECTION 6. Penalties. — Any person, whether natural or juridical, caught
manufacturing, selling, importing, or distributing prohibited products as provided in
Section 4 and 5 of this Act, shall be penalized as follows:
First Offense  — A fine of Five Hundred Thousand pesos (Php500,000.00)
Second Offense - A fine of One Million pesos (Php1,000,000.00) and
revocation of their Business Permit
Third Offense — A fine of One Million Five Hundred Thousand pesos
(Php1,500,000.00), revocation of their Business Permit,
and imprisonment ranging from three (3) years to six (6)
years

Provided, that in case of juridical persons, the penalties herein prescribed shall be
imposed:

a. Upon the owner, manager, administrator, or proprietor for individual
proprietorships

b. Upon all partners for general partnerships and the general partner/s for limited
partnerships

c. Solidarily upon the President, Vice President, Corporate Officers as well as the
Chief Operating Officer for incorporated businesses, and

d. Upon all such persons, not falling within any of the titles/descriptions
abovementioned, being in-charge of the offending juridical entity, without
prejudice to the right of the person paying the fine to seek reimbursement from the
owner of the business.

SECTION 7. List of prohibited goods. - The Department of Trade and Industry shall
publish a list, to be evaluated and renewed every three (3) years, of prohibited cosmetic
products known to contain microbeads. The DTI shall also publish a similar list, to be
evaluated and renewed every three (3) years, of prohibited clothing and garment goods
or materials, and similar items, that contain microfibers, such as: 1) Fleece, 2) Spandex,
3) Nylon, 4) Polyester, and other similar goods.

SECTION 8. Automatic Allocation for Environmental Programs. - All fines collected in
the implementation of this Act shall be automatically allocated for the existing ocean and
other water-system rehabilitation program of the Department of Environment and
Natural Resources.


SECTION 9. Implementing Rules and Regulations — The Department of Natural
Resources, in coordination with the Department of Trade and Industry and the
Department of Interior and Local Government, after proper consultations with consumer
groups, manufacturers and other affected groups shall promulgate the Implementing
Rules and Regulations of this Act within nine (9) months from its approval.

SECTION 10. Separability Clause — Should any provision of this Act be declared
unconstitutional, the remainder thereof not otherwise affected shall remain in full force
and effect.

SECTION 11. Repealing Clause. - All other existing laws, presidential decrees, executive
orders, proclamations or, administrative regulations that are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SECTION 12. Effectivity — This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,