SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Maximo B. Rodriguez, vr.
House Bill No, 4546
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 1075 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 water 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, bottled water sold in the country is left unregulated. This,
certainly, is a cause of concern, 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 earnestly
solicited,

fd

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No_ 4946

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”.

SEC.2. Statement of Policy. — Itis 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
policy framework to regulate the activities of mineral, carbonated and other bottled
water businesses including suppliers, distributors and sellers thereof.

SEC. 3. Quality Standards for Bottled Water. —

(@) 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:

Limits for total dissolved solids, sulfate, sodium and trihalomethane
content; and

2 As determined by established health-based drinking water
standards.

SEC. 4. Source Protection. — Within twelve (12) months after the date of the
effectivity of this Act, the Director of the FDA shall:
(a) Identify safe sources of bottled water; and
(b) Establish criteria to determine the adequacy as well as the protection of
“approved sources” of bottled water including, but not limited to:
4. 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
(@) 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
1, 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
(©) 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 nutrients 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 numerical 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 be 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 not 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 regulation 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,