SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
SENATE BILL NO. __ 
(;_3_ 
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
Mercury is a persistent, bioaccumulative heavy metal that poses a 
significant risk to human health, wildlife, and the environment. 
Unfortunately, mercury discharges into the atmosphere and 
surface oceans have increased two-to-five fold since the beginning of the 
industrialized period due to human activities. Substantial evidence is 
accumulating that exposure to methyl-mercury is widespread in the 
general public and occurring at higher than health-based levels of 
concern according to the World Health Organization. Fish and seafood 
caught or sold in the Philippines are contaminated with methyl-mercury 
a toxic element that may cause neurological damage and other health 
related problems as a result of fish or seafood consumption. 
Evidence is continuing to emerge linking increased risk of coronary 
heart disease to mercury exposure, as presented in at least 2 peer 
reviewed studies. 
Sadly, health advisory information on mercury-contaminated fish, 
which is necessary to protect public health, is not widely known by the 
government. This lack of awareness potentially threatens tens of millions 
of FiUpinos who may unknowing1y ingest harmful amounts of mercury 
because they are not aware of exposure risks from consumption of 
freshwater fish and seafood. 
The proposed measure is filed to address this problem by providing 
the public with adequate notice and education on the effects of expo1'\ure 
to mercury, through the development of health advisories and by 
requiring that such appropriate advisories be posted, or made readily 
available, at all businesses that sell fresh, frozen, and canned fish and 
seafood where the potential for mercury exposure exists. 
Hence, immediate passage of this bill is earnestly sought . 
. cs6-=-., 
JOSEPH VICTOR G. EJERCITO 


SECTION 6. Effectivity Clause. - This Act shall take effect fifteen 
(15) days after its publication in at least two (2) newspapers of general 
circulation. 
Approved, 


SIXTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
SENATE 
SENATE BILL NO. __ 
(1_9_ 
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INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT 
PROVIDING 
THE 
PUBLIC 
WITH 
ADEQUATE 
NOTICE 
AND 
EDUCATION ON THE EFFECTS OF EXPOSURE TO MERCURY 
THROUGH THE DEVELOPMENT OF HEALTH ADVISORIES AND BY 
REQUIRING THAT SUCH APPROPRIATE ADVISORIES BE POSTED, 
OR MADE READILY AVAILABLE, AT ALL BUSINESSES THAT SELL 
FRESH, FROZEN, AND CANNED FISH AND SEAFOOD WHERE THE 
POTENTIAL FOR MERCURY EXPOSURE EXISTS 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Bhort Title. - This Act shall be known as the 
"Mercury Health Advisory Act." 
SECTION 2. Purposes - The purposes of this Act are to--
1. ensure that the public is adequately informed about the 
potential adverse effects of mercury exposure through the consumption 
of fish products; 
2. require the Secretary of Health to work cooperatively with other 
government agencies, as well as nonprofit organizations, to create 
appropriate advisories for the distribution to the public of explanations of 
the potential adverse effects of mercury exposure from fish consumption; 
3. require the Bureau of Food and Drug Administration to resume 
its seafood methyl mercury monitoring program to better document 
mercury levels in various fish species sold in commerce; 
4. require the Secretary of Health, in cooperation with private and 
public organizations, to design and implement a National Public 
Education Program regarding the presence of methyl-mercury in seafood 
and fish consumption advisories for methyl-mercury; and 


5. require the Secretary of Environment and Natural Resources to 
annually prepare a report on the impacts of mercury on human health 
and the environment. 
SECTION 3. Advisory Notices -
1. Consumer Mercury Advisory Notice-
(1) In general- The Department of Environment and Natural 
Resources, in 
coordination with the Department of Health, shall jointly develop fish 
consumption advisories for methyl-mercury in fish. Such advisories shall 
be based on appropriate Reference Dose for --
(A) the general population; 
(B) sensitive populations; and 
(C) popUlations consuming above average amounts of fish. 
(2) Consumer's Notice- The Secretary of Health shall prepare a 
consumer's mercury advisory notice. Such notice shall be distributed 
widely by the Secretary, at no cost, to health professionals, particularly 
l 
medical offices that provide gynecological, obstetrical, or pediatric care, 
and to the extent practicable shall be made available and posted in the 
patient or client areas of all maternal and child health and nutrition 
program offices, and shall be made available to health care providers, 
government agencies, and the general public upon request. 
(3) Criteria- The advisories developed under this subsection shall-
(A) explain, in an easily understandable manner, the dangers 
of mercury exposure through the consumption of mercury 
contaminated fish to women of childbearing age, women who 
expect to become pregnant, women who are pregnant or breast 
feeding their children, and young children and their parents; 
(B) describe, in an easily understandable manner, in detail 
the most current mercury health advisories prepared by the 
National Government concerning fish consumption, contain the toll 
free number established under paragraph (4), and contain such 
other information as the Secretary determines appropriate; and 
(C) be printed in large type in English and Filipino OT any 
dialect determined by the Secretary to be culturally and 
linguistically appropriate. 
2. Mercury Warning Consumer's Guide-
(1) 
In general- The Secretary of Health shall prepare a 
consumer's guide to mercury and health advisory for the 
consumption of recreationally-caught fish. 
Such guide shall be distributed, at no cost, to-


(A) appropriate fisheries, wildlife, and environmental law \ 
enforcement agencies; 
(B) all applicants for a fishing license at the time the license 
is issued; and 
(C) to public upon request. 
(2) Criteria- The guide developed under paragraph (1) shall be printed in 
large type in English and Filipino or any dialect determined by the 
Secretary to be culturally and linguistically appropriate; 
3. Consumption Advisory-
(1) In general- The Secretary of Health, in consultation with the 
Secretary of Agriculture and other appropriate government entities to--
(A) develop and distribute regional and national advisories 
concerning the presence of methyl-mercury in seafood; 
(B) develop standardized formats for written and broadcast 
advisories regarding methyl-mercury in seafood; 
(C) develop and periodically upgrade information related to 
mercury fish tissue test results and fish consumption advisories 
for methyl-mercury; 
(D) coordinate local advisories in the formation of the 
National Public Education Program under subsection (4)(1); and 
(E) coordinate with that sector of the retail food industry that 
is engaged in the sale of any fresh, packaged, or frozen fish or 
seafood products intended for human consumption, concerning 
the posting of such advisories in their place of business where fish 
are sold to inform women of childbearing age, pregnant, and 
nursing women and the parents of young children on the potential 
dangers of mercury that i& present in certain fish or seafood. 
(2) Criteria- The advisories and notices developed under paragraph 
(1) shall include information both on limiting the consumption of certain 
high level fish and seafood to the general population and, for sensitive 
populations such as women of childbearing age and children, stress the 
importance of limiting consumption of frequently consumed fish that 
may exceed the Reference Dose. 
4. Public Education and Advisory System-
(1) Public education- The Secretary of Health, in consultation with 
public and nonprofit private entities (including cooperative extension 
services and appropriate government entities), shall design and 
implement a national public education program regarding the presence 
of methyl-mercury in seafood. 


(2) Features- The program developed under paragraph (1) shall 
provide-
(A) information to the public regarding-
(i) standards and good practice requirements relating 
to methylmercury in seafood; and 
(ii) the promotion of public awareness, understanding, 
and acceptance of such standards and requirements; 
(B) information to health professionals so that health 
professionals may improve the diagnosis and treatment of 
mercury-related illness and advise individuals whose health 
conditions place those individuals at particular risk; and 
(C) such other information or advice to consumers and other \ 
individuals as the Secretary determines will promote the 
purposes of this section. 
5. Sampling and Monitoring 
(1) In general- The Secretary of Health shall ensure the seafood 
methyl-mercury monitoring sampling program of the Bureau of Food and 
Drug Administration to assist in documenting mercury levels in various 
fish species. 
(2) Monitoring- The sampling program described in paragraph (1) 
shall be conducted so as to provide statistically valid monitoring data 
with respect to mercury levels in fish and seafood (including market-
basket studies) including documenting the extent to which fish with 
mercury levels in excess of the action level are sold in commerce. Such 
information, along with information gathered by the Department of 
Environment and Natural Resources, shall be compiled into an annual 
report by the Secretary to track changes in dietary exposure to mercury 
from fish and seafood. 
(3) Avoidance of duplication of effort- To the extent practicable, the 
sampling program described in paragraph (1) shall be consistent with, 
and shall be coordinated with, other seafood sampling programs that are 
in use, so as to avoid duplication of effort. 
SECTION 4. 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. 
SECTION 5. Separability Clause. - If any proVISIon or part 
hereof, is held invalid or unconstitutional, the remainder of the law or 
the provisions not otherwise affected shall remain valid and subsisting. 


SECTION 6. Effectivity Clause. - This Act shall take effect fifteen 
(15) days after its publication in at least two (2) newspapers of general 
circulation. 
Approved,