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FOURTEENTH CONGWSS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Research in the United States show that an emergency exists concerning worker exposure 
to diacetyl, a substance used in many flavorings, including artificial butter flavorings. There is 
compelling evidence that diacetyl presents a grave danger and significant risk of life-threatening 
illness to exposed employees. Workers exposed to diacetyl have developed, among other 
conditions, a debilitating lung disease known as bronchiolitis obliterans. 
From 2000-2002, the National Institute for Occupational Safety and Health (or NIOSH, 
the United States federal agency responsible for conducting research and making 
recommendations for the prevention of work-related injury and illness) identified cases of 
bronchiolitis obliterans in workers employed in microwave popcorn plants, and linked these 
illnesses to exposure to diacetyl used in butter flavoring. In December 2003, NIOSH issued an 
alert 'Preventing Lung Disease in Workers Who Use or Make Flavorings,' recommending that 
employers implement measures to minimize worker exposure to diacetyl. 
Here in the Philippines, warnings about potential serious respiratory illness in workers 
exposed to flavorings and recommending comprehensive control measures for diacetyl and other 
'high priority' substances used in flavoring manufacturing, are rarely heard of. With the 
thousands of popcorn vendors and all other food vendors in our streets and commercial areas, 
there is no doubt that these vendors are exposed to the harmful chemicals mentioned above. 
From 2004-2007 additional cases of bronchiolitis obliterans were identified among 
workers in the flavoring manufacturing industry by the California Department of Health Services 


and Division of Occupational Safety and Health (Cal/OSHA), which through enforcement 
actions and an intervention program, called for the flavoring manufacturing industry in 
California to reduce exposure to diacetyl. 
In a report issued in April 2007, NIOSH reported that flavor manufacturers and flavored- 
food producers are widely distributed in the United States and that bronchiolitis obliterans had 
been identified among microwave popcorn and flavoring-manufacturing workers in a number of 
States. 
A health standard is urgently needed to protect workers exposed to diacctyl from 
bronchiolitis obliterans and other debilitating conditions. 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S.B. No. 
sENE2 
3 
7 SEP -3 P3 55 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO DIRECT THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF LABOR 
AND EMPLOYMENT TO ISSUE A STANDARD REGULATING WORKER EXPOSURE TO 
DIACETYL. AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Popcorn Workers Lung 
Disease Prevention Act of 2007.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to protect workers 
exposed to diacetyl from bronchiolitis obliterans and other debilitating conditions. 
SECTION 3. Issuance of Standard on Diacetyl. 
(A) Interim Standard- 
(1) Notwithstanding any other provision of law, not later than 90 days after the 
date of enactment of this Act, the Secretary of Labor and the Secretary of the Department 
of Health shall promulgate an interim final standard regulating worker exposure to 
diacetyl. The interim final standard shall apply-- 
(a) to all locations in the flavoring manufacturing industry that 
manufacture, use, handle, or process diacetyl; and 
(b) to all microwave popcorn production and packaging establishments 
that use diacetyl-containing flavors in the manufacture of microwave popcorn. 
(2) Requirements - The interim final standard required under subsection (A) shall 
include the following: 
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(a) Requirements for engineering, work practice controls, and respiratory 
protection to minimize exposure to diacetyl. Such engineering and work practice 
controls include closed processes, isolation, local exhaust ventilation, proper 
pouring techniques, and safe cleaning procedures. 
(b) Requirements for a written exposure control plan that will indicate 
specific measures the employer will take to minimize employee exposure; and 
requirements €or evaluation of the exposure control plan to determine the 
effectiveness of control measures at least on a biannual basis and whenever 
medical surveillance indicates abnormal pulmonary function in employees 
exposed to diacetyl, or whenever necessary to reflect new or modified processes. 
(c) Requirements for airborne exposure assessments to determine levels of 
exposure and ensure adequacy of controls. 
(d) Requirements for medical surveillance for workers and referral for 
prompt medical evaluation. 
(e) Requirements for protective equipment and clothing for workers 
exposed to diacetyl. 
(0 Requirements to provide written safety and health information and 
training to employees, including hazard communication information, labeling, and 
training. 
(3) The interim final standard shall take effect upon issuance. The interim final 
standard shall have the legal effect of an occupational safety and health standard, and 
shall apply until a final standard becomes effective. 
(B) Final Standard- Not later than 2 years after the date of enactment of this Act, the 
Secretary of Labor and the Secretary of the Department of Health shall promulgate a final 
standard regulating worker exposure to diacetyl. The final standard shall contain, at a minimum, 
the worker protection provisions in the interim final standard, a short term exposure limit, and a 
permissible exposure limit that does not exceed the lowest feasible level, and shall apply at a 
minimum to all facilities where diacetyl is processed or used. 
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SECTION 4. Study and Recommended Exposure Limits on Other Flavorings. 
(A) Study- The Department of Health shall conduct a study on food flavorings used in the 
production of microwave popcorn. The study shall prioritize the chemicals that are most closely 
chemically associated with diacetyl to determine possible exposure hazards. 
(B) Recommended Exposure Limits- Upon completion of the study conducted pursuant 
to subsection (A), the Department of Health shall establish recommended exposure limits for 
flavorings determined by such study to pose exposure hazards to workers involved in the 
production of microwave popcorn. 
SECTION 5. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. 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 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
spsc 
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