SEVENTEENTH CONGRESS OF THE REPUBLIC ) Wan obs r
OF THE PHILIPPINES )

Third Regular Session ) o
18 MAY 31 P3515

SENATE

S.B.NO.__1844 &

hee

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
PROHIBITING THE USE OF BPA IN BABY FOOD PACKAGING AND
CONTAINERS, PROVIDING FOR ITS REPLACEMENT WITH THE LEAST
TOXIC ALTERNATIVE

EXPLANATORY NOTE

Article II, Section 15 of the 1987 Philippine Constitution provides:
“The State shall protect and promote the right to health of the people
and instill health consciousness among them.”

Bisphenol A (BPA) is a chemical primarily used in the production of
polycarbonate plastic products and epoxy resin food can liners. BPA is used to
harden plastics, prevent cans from rusting and keeping food safe from
bacteria. Beverage bottles, food packaging materials and metal can-coated
Products including water and infant bottles are among the many food and
liquid containers applied with BPA.

Possible harmful effects of BPA on humans, particularly on infants and
children may include endocrine disruption, heart disease, fetal brain
development, among others.

The proposed bill seeks to protect infants and children by regulating the use
of BPA in baby food products.

MARIA LOURDES NANCY S. BINAY
enator



COYNAKHRWYNH

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SEVENTEENTH CONGRESS OF THE REPUBLIC ) ‘.
OF THE PHILIPPINES )
Third Regular Session

18 MAY 31 P3215
SENATE
s.B.No._1844 ef
Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
PROHIBITING THE USE OF BPA IN BABY FOOD PACKAGING AND
CONTAINERS, PROVIDING FOR ITS REPLACEMENT WITH THE LEAST
TOXIC ALTERNATIVE

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

Section 1. Short Title. - This Act shall be known as the “BPA in Baby
Products Prohibition Act.”

Sec, 2. Declaration of Policy. — It is the policy of the State to protect and
promote the right to health of the people and instill health consciousness among
them.

It is also the policy of the State to promote and protect the physical,
moral, spiritual, intellectual and social well-being of the youth recognizing their
vital role in nation-building

Sec, 3. Definitions. — As used in this Act, the term:

(1) “Baby food” means a prepared solid food consisting of a soft
paste or an easily chewed food that is intended for consumption
by children two (2) years of age or younger and that is
commercially available.

(2) “BPA” or Bisphernol A means a chemical compound having a
chemical formula of CisHieO2 and a CAS RN (Chemical Abstract
Service Registry Number) of 80-05-7.

(3) “Infant formula” means a milk-based or soy-based powder,
concentrated liquid, or ready-to-feed substitute for human breast



CONaneone

milk that is intended for infant consumption and that is
commercially available.

(4) “Reusable baby food or beverage container” means a receptacle
for storing baby food or beverages, including baby bottles and
spill-proof cups.

Sec. 4. Ban of the Use of BPA. — Within thirty (30) days from the approval
of this Act, no person or entity shall manufacture, sell, or distribute in commerce
any reusable baby food or beverage container or any infant formula or baby food
stored in a plastic container, can, or jar containing BPA.

Sec. 5. Use of the Least Toxic Alternative. ~ Manufacturers shall use the
least toxic alternative when replacing BPA in accordance with this Act.
Manufacturers shall not replace BPA with substances that are known carcinogens,
those that have carcinogenic potentials, likely carcinogens, known to be human
carcinogens, likely to be human carcinogens, or suggestive of being carcinogens,
and those with reproductive toxicants that the Department of Health (DOH) has
identified as causing birth defects, reproductive harm, or developmental harm.

Sec. 6. Separability Clause. — If any provision or part hereof is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

Sec. 7. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.

Sec. 8. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,