,j~~ 
FIFTEENTH CONGRESS OF THE 
) 
OffiCE 
TF:;[,CRE'riC,RV 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
it} 
JUL -1 
1'1 :25 
SENATE 
s.~b. 
63 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
EXPLANATORY NOTE 
Water is essential for human existence. In recent years the deterioration of 
the quality of potable water in many urban areas, has led to the proliferation of 
numerous companies and franchise refill stations selling bottled or potable water 
refills. These water products are advertised and described as mineral, spring, pure or 
distilled water. They are now found in nearly every nook and cranny in the metropolis, 
urban areas, tourists spots and even in remote barangays across the country and 
patronized by a growing number of our countrymen on a regular basis. 
These water products are claimed by their companies and sellers as safe and 
healthy for the consumers. On the contrary, tests conducted by the Department of 
Health and other entities show that these water products, even after undergoing 
distilling, filtering and purifying process, still contain bacteria and parasites that may 
pose serious health problems and concerns to the consumers. 
Add to the fact that these water products are being sold at varying and steep 
prices with no government control as to their realistic or fair pricing mechanisms. 
This practice of unscrupulous businessmen in the bottled water industry must 
be stop by the government by regulating the bottled water business. 
This bill seeks to protect the health and welfare of the public by regulating the 
drinking water business so as to ensure that they comply with health and safety 
standards and are consistent with their advertisement. 
In view of the foregoing, the early passage of this bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S~No. 63 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
AN ACT 
REGULATING THE BOTTLED WATER BUSINESS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Tit/e. - This Act shall be known as the "Drinking Water 
2 
Business Act of 2010." 
-
3 
SECTION 2. Policy. - It is the policy of the State to protect and promote the 
4 
health of the people. Towards this end, it shall ensure that potable, safe and affordable 
5 
drinking water is available to all the people by adopting a comprehensive policy 
6 
framework to regulate the activities of the drinking water businesses. 
7 
SECTION 3. Definition of Terms. - As used in this Act: 
8 
a) Approved water source - refers to the source of water, either spring, drilled 
9 
well, public or community water system or any other source that has been 
10 
inspected and the water sampled, analyzed and found safe and sanitary, with 
11 
or without treatment, in accordance with prescribed quality standards. 
12 
b) Bottled water - refers to water that is intended for human consumption and 
13 
that is sealed in bottles or other containers with no added ingredients except 
14 
that it may optionally contain safe and suitable anti-microbial agents and may 
15 
optionally contain minerals such as, but not limited to fluorides, chlorides, 
16 
carbonates and sulfates, including flavoring within limitations established by 
17 
the bottler's country. Bottled water may be used as an ingredient in 
18 
beverages such as, but not limited to, diluted juices and flavored bottled 
19 
waters. It does not include those food ingredients that are declared in 
20 
ingredient labeling as "water" and or carbonated, disinfected, filtered, seltzer, 
21 
soda, sparkling and tonic water. 
22 
c) Bottled water business - refers to the selling for profit, either wholesale or 
23 
retail, of bottled water. It includes any an all activities concerning the 


1 
procurement, production, processing, promotion, advertising, and selling of 
2 
such product. 
3 
d) Consumer - refers to a natural person who is a purchaser, lessee, recipient 
4 
or prospective purchaser, lessor or recipient of a consumer product, services 
5 
or credit. 
6 
e) Drinking water - refers to water intended for human consumption or for use in 
7 
food preparation. 
8 
f) Water refill station business - refers to the selling for profit either wholesale or 
9 
retail of water placed in refillable water containers or in customer's containers 
10 
in refilling stations. 
11 
SECTION 4. Coverage. - This Act shall apply to all types of drinking water 
12 
businesses that shall include both the bottled water and water refill station business. 
13 
SECTION 5. Registration. - Any person who wishes to engage in the drinking 
14 
water business shall secure the appropriate water business certificate to be issued by 
15 
the Department of Trade and Industry (DTI). The certificate shall contain all such 
16 
information needed as determined by the DTI. The water business certificate shall be a 
17 
requirement precedent to the application of local business permits, clearances and 
18 
licenses. 
19 
SECTION 
6. 
Responsibility of Owners/Proprietors, 
Operators 
and 
20 
Producers. - Owners, proprietors and operators of water refill stations and producers 
21 
of bottled water are responsible for ensuring, through good manufacturing practices, 
22 
appropriate manufacturing techniques and sufficient quality control procedures provided 
23 
for in existing laws, rules and regulations, that all refilled and bottled water sold to 
24 
consumers comply with the World Health Organization (WHO) Guidelines for Drinking 
25 
Water. 
26 
SECTION 7. Source of Water Protection. - The Department of Health (DOH) 
27 
and local government units concerned shall coordinate and establish a Local Drinking 
28 
Water Quality Monitoring Committee that shall institute and implement a source of water 
29 
protection and treatment program to prevent any contamination of ground or surface 
30 
water from affecting the drinking water supplies of the community. 
31 
SECTION 8. Industry Associations. - All procedures of bottled water and 
32 
owners/proprietors and operators of water refill stations are encouraged to form or join 
33 
their respective industry associations. 
34 
SECTION 9. Deputation of Independent Third Party Organization. -
An 
35 
independent third party organization or industry association shall be deputized by the 
36 
DOH for bottled water businesses and the Department of the Interior and Local 
37 
Government (DILG) for water refill station business to monitor and report violations of 
38 
law and rules and regulations: Provided, That these organizations shall coordinate with 
2 


1 
the respective local health officer and Bureau of Food and Drugs (BFAD) 
2 
representatives in the fulfillment of their duties. 
3 
SECTION 10. Responsibilities of the Bureau of Food and Drugs. -
All 
4 
franchise holders of duly accredited water refill stations shall be governed by the BFAD 
5 
to ensure compliance with prescribed uniform quality standards. 
6 
SECTION 11. Councils. - The city and municipal councils shall enact the 
7 
necessary ordinances to ensure that the various laws and implementing rules and 
8 
regulations concerning water refill stations are strictly enforced. 
9 
SECTION 12. Additional Responsibilities and Powers. -
In addition to the 
10 
powers and responsibilities mandated by existing laws, rules and regulations, the local 
11 
health authority, upon the recommendation of the local health office, shall: 
12 
a) Suspend operations of water refill stations if found to have violated any of the 
13 
laws and existing rules and regulations; and 
14 
b) Prohibit the sale of water products that do not comply with regulations and 
15 
standards and/or order the recall or withdrawal from the market of any water 
16 
product that has been found unsuitable for human consumption. 
17 
SECTION 13. Penalties. -
A fine not exceeding Ten Thousand Pesos 
18 
(P10,OOO.OO) or imprisonment of not more than six (6) months, or both, at the discretion 
19 
of the court shall be imposed on any person who: 
20 
a) Violates, disobeys, refuses without reasonable cause, omits or neglects to 
21 
comply with any provision of the laws, rules and regulations on the bottled 
22 
water and water refill station industries; 
23 
b) Interferes with or hinders, or opposes any officer, agent or member of the 
24 
DOH or DILG or the bureaus or agencies under it, in the performance of his 
25 
duty as such under this law; and 
26 
c) Willfully tears down or mutilates, defaces or alters any placard or notice 
27 
affixed to premises in the enforcement of the law, its rules and regulations. 
28 
Subsequent violations shall be punished by a fine not exceeding Fifty Thousand 
29 
Pesos (P50,000.00) or imprisonment of not more than one (1) year, or both, at the 
30 
discretion of the court. In addition, the business permits and licenses to operate of 
31 
violators shall be revoked or cancelled. 
32 
SECTION 14. Implementing Rules and Regulations (lRR). - The BFAD, in 
33 
coordination with the DOH, DTI, DILG and other appropriate agencies, shall promulgate 
34 
the implementing rules and regulations (IRR) and standards necessary for the efficient 
35 
and effective implementation of this Act. 
36 
The IRR shall be promulgated sixty (60) days after the effectivity of this Act. 
37 
SECTION 15. Repealing Clause. - All other laws, decrees, and proclamations, 
38 
rules and regulations inconsistent with this Act are hereby considered repealed, 
3 


1 
amended or modified accordingly. 
2 
SECTION 16. Separability Clause. -
If any provision herein is declared 
3 
unconstitutional, the other provisions not affected shall remain in full force and effect. 
4 
SECTION 17. Effectivity. - This Act shall take effect fifteen (15) days after its 
5 
publication in at least two (2) national newspapers of general circulation. 
6 
Approved. 
4