SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Representative Maximo B. Rodriguez, Jr.

House Bill No.. 1974
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 1075 by the
undersigned Rufus B. Rodriguez during the 15" Congress where it was
approved by the Committee on Trade and industry and substituted with
House Bill No. 6388. It was subsequently approved on 2™ reading, approved
on 3 reading and was transmitted to the Senate where it was not acted upon.

The Constitution, Article 16, Section 9 provides:

“The State shall protect consumers from trade
malpractices and from substandard or hazardous products.”

Consumption of bottled weter has increased markedly in recent years,
with thousands of households currently consuming bottled drinking water as
their source of drinking water.

Consumers are paying premium prices for bottled water based on the
assumption that it is of superior quality to their tap water.

Unfortunately, bottied water sold in the country is left unregulated. This,
certainly, is a cause of concem, as there exists a possibility that the bottled
water sold in the market is not of superior quality as claimed.

The purpose of this bill is to establish quality standards for mineral and,

carbonated and other bottled water, hence, immediate approval hereof is
eamestly solicited

RUFS B. Ri iz

MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B, Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House aill No,_ 197 4

AN ACT
ESTABLISHING QUALITY STANDARDS FOR MINERAL, CARBONATED
AND OTHER BOTTLED WATER

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 “Safe Bottled
Water Act of 2013".

SEC. 2. Statement of Policy. — It is the policy of the State to protect and
promote the health of the people. Towards this end, it shall ensure that
potable, safe and affordable drinking water is available to all the people by
adopting a comprehensive poli-y framework to regulate the activities of
mineral, carbonated and other bottled water businesses including suppliers,
distributors anc sellers thereof.

SEC. 3. Quality Standards for Bottled W/ter. —

(a) The interim or revised national primary drinking water regulations
concerning maximum contaminant levels promulgated by the Director of the
Food and Drugs Administration (FDA) shall be applicable to all kinds of
bottled drinking water, including mineral, spring, natural sparkling and vended
water.

(b) Within twelve (12) months after the date of the effectivity of this Act,
the Secretary of the Department of Health (DOH) shall establish quality
standards and definitions for mineral water and carbonated water which shall

include:
4 Limits for total dissolved solids, sulfate, sodium and
trinalomethane content; and
2. As determined y established health-based drinking water
standards.

SEC.4. Source Protection. — Within twelve (12) months after the date of
the effectivity of this Act, ‘he Director of ie FDA shall:
(a) Identify safe sources of bottled water; and
(b) Establish criteria to determine the adequacy as well as the >rotection
of “approved sources" of bottled water including, but not limited to:
1. Minimum construction standards for water wells;



2. Minimum distance separation from upstream wastewater
discharges; and

3. Minimum distance separation from abandoned wells, septic
tanks, waste impoundment and landfills.

SEC. 5. Monitoring, Reporting and Inspection. - Within twelve (12)
months after the date of the effectivity of this Act, the Director of the FDA
shall:

(a) Establish a bottled water monitoring program which, at a minimum,
shall:

1. Be as stringent as that used for public water supplies and
which provides for yearly testing and monitoring for
unregulated contaminants for which public water utilities
must test; and

2. Require that any analysis or testing be performed in an
approved and certified laboratory.

(b) Establish a bottled water reporting program that shall:
4 Stipulate time tables and procedures for timely reporting;
2. Provide public notification procedures should any bottled
water be found to be in excess of health-based
standards;
3. Establish a national registry of bottled water facilities and
their most current reporting information; and
4. Require that records of sampling and analysis be
maintained at the plant for not less than two (2) years and
shall be available for official review upon request.
(0) Establish a bottled water facility inspection program which includes
at a minimum, two (2) scheduled inspections a year and one (1) unscheduled
inspection a year.

SEC. 6. Recall Regulations. — Within six (6) months after the date of the
effectivity of this Act, the Director of the FDA shall:

(a) Establish procedures and public notification guidelines for recall of a
bottled water product which fall below any health-based standard; and

(b) Require each bottled water manufacturer to develop and submit
individual recall notification and recall procedures.

SEC.7. Prohibition of Dual Use of Bottled Water Equipment.

Within twelve (12) months after the date of the effectivity of this Act, the
Director of the FDA shall prohibit the processing and bottling of
noncarbonated water with equipment used to process milk, fruit juice or other
food products likely to contribute autrients for microbiological growth.

SEC.8. Bottling, Packaging and Storage Study. — The Director of the
FDA shall conduct a comprehensive study of contaminants and the extent to
which they contribute to the degradation of bottled water from the unique
processing and storage of bottled water. The Director shall pay particular
attention to contamination problems which may arise from the bottling,
packaging or storage of bottled water products.


SEC.9. Labeling. — Within six (6) months after the date of the enactment
of this Act, the Secretary of the DOH shall

(a) Establish and enforce clear, concise, and uncoded uniform source
labeling requirements for all bottled water products which, at a minimum,
includes:

(1) The original source of the water;

(2) Type of water;

(3) Type of treatment, if any;

(4) The date of bottling;

(5) The address of the bottler; and

(6) _ Provide numecical specification of sodium content.

(b) Define mineral water, spring water, naturally carbonated, naturally
sparkling, well water, natural well water, artesian water, natural artesian
water, purified water, distilled water, drinking water and all other variants of
bottled water existing in the market, and require that the definition for the
appropriate product be placed on the bottle.

SEC. 10. Appropriations. — The initial amount necessary to implement the
provisions of this Act shall oe charged against the current year’s
appropriations of the FDA under the DOH. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.

SEC.11. implementing Rules and Regulations (IRR). —- The DOH shall
issue the IRR for this Act within one hundred twenty (120) days from its
effectivity.

SEC.12. Separability Clause. - If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision nui
otherwise affected shall remain valid or subsisting.

SEC. 13. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or -egulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly

SEC. 14. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation

Approved,