S E N A T E  
introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
It is the duty of the State to protect the interests of the general public and 
promote its general welfare in order to have a vibrant and healthy population. 
At present, there is an industrial chemical that is used primarily in the 
synthesis of polyesters, polysulfones, and polyether ketones, as an antioxidant in 
some plasticizers, and as a polymerization inhibitor in PVC called "Bisphenol A 
(BPA). It is a key monomer in production of polycarbonate plastic and epoxy 
resins, both of which are used in a wide variety of applications. For instance, 
Polycarbonate plastic, which is clear and nearly shatter-proof, is used to make a 
variety of common products including baby and water bottles, sports equipment, 
medical and dental devices, dental fillings and sealants, lenses, CDs and DVDs, 
consumer electronics, computers and other business equipment, electrical 
equipment, household appliances, safety shields, construction glazing, sports 
safety equipment, and automobiles. Epoxy resins containing bisphenol A are 
used as coatings on the inside of almost all food and beverage cans. Bisphenol A 
is also a precursor to the flame retardant, tetrabromobisphenol A, and was 
formerly used as a fungicide. 
Studies reveal, however, that exposure to BPA can be hazardous to 
humans as it has been known to leach from the plastic lining of canned foods 
and majority of canned soft drinks. Huge numbers of children were also found to 
be exposed to BPA as it leaches out of hard polycarbonate plastics that are used 
widely in baby bottles, sippy cups and water bottles. When such plastics are 
exposed to hot liquids, BPA leaches out 55 times faster than it does under 
normal conditions, at up to 32 nglhour. Infants fed with liquid formula are among 
the most exposed, and those fed formula from polycarbonate bottles can 
consume up to 13 micrograms of bisphenol A per kg of body weight per day. 
Bisphenol A has low acute toxicity, with an oral LD50 of 3250 mglkg in rats, 
but it is an endocrine disruptor. Low doses of BPA can mimic the body's own 
hormones, possibly causing negative health effects. There is thus concern that 
long term low dose exposure to it may induce chronic toxicity among humans. 
In September 2008 lain Lang and his colleagues published the first study 
of BPAs effects on humans in the Journal of the American Medical Associafion. 
The cross-sectional study of almost 1,500 people assessed exposure to BPA by 
looking at levels of the chemical in urine. The authors found that high BPA levels 
were significantly associated with heart disease, diabetes, and abnormally high 
levels of certain liver enzymes. 


As a number of studies and reports have already indicated that 
detrimental health effects caused by the; exposure of humans, especially 
children, to bisphenol A, this proposed measure seeks to ban the 
manufacture, sale or distribution of bisphenol A on children’s food and beverage 
containers in order to protect the health of the general public. 
In view of the foregoing, early passage of this bill is earnestly sought. 
f-------> 
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MANUEL ‘‘LITO’’ M. LAPID 
Senator 
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FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
1 
Second Regular Session 
1 
S E N A T E  
9 
MAY 13 P3:OZ 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
PROHIBITING THE MANUFACTURE, SALE, OR DlSTRlBUTlON IN 
COMMERCE OF CHILDREN’S FOOD AND BEVERAGE CONTAINERS 
COMPOSED OF BISPHENOL A, PROVIDING PENALTIES THEREOF 
AND FOR OTHER PURPOSES 
Be it enacfed by fhe Senate and fhe House of Represenfafives of fhe 
Philippines in Congress assembled: 
SECTION 
1. 
Short Title. - This Act shall be known as the 
“BisphenolA Ban Act of 2009.” 
SEC. 2. 
Declarafion of Policy. - It is hereby declared the policy of 
the State to protect the interests of the consumers, promote their general welfare 
and to establish quality standards in the manufacture of utensils and day-to-day 
paraphernalia. As such, the State shall implement measures to achieve the 
protection against hazards to health and safety and provide programs on 
Information, Education and Communication Campaign (IEC) to educate the 
general public. 
Towards this end, the State shall enforce a ban on the manufacture, sale 
or distribution of bisphenol A on the sale of children’s food and beverage 
containers in order to protect the health of the general public on the health effects 
of bisphenol A. 
SEC. 3. 
Definition of Terms. - For purposes of this Act, the following 
terms shall be defined as follows: 
(1 .) 
“Bisphenol A or BPA” - The term ’bisphenol A means the chemical 
It is a difunctional 
compound phenol, 4,4-(1 -methylethylidine)bis, propane. 
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building block of several important plastics and plastic additives and an important 
monomer in the production of polycarbonate used in the food industry. 
(2.) 
"Children's food or beverage container" 
(A) IN GENERAL- The term 'children's food or beverage container' 
means any bottle (including a baby bottle), cup, bowl, plate, straw, 
utensil, or other container, except a metal can, that is designed or 
intended to be filled with any liquid, food, or beverage primarily for 
consumption from that container by children 3 years of age or 
younger and is sold or distributed at retail without containing any 
liquid, food, or beverage. 
In determining under subparagraph (A) whether a product is 
designed or intended for use by children 3 years of age or younger, 
the following factors shall be considered: 
(i) A statement by a manufacturer about the intended use of 
the product, including a label on the product, if such 
statement is reasonable. 
(B) DETERMINATION OF INTENTION FOR USE BY CHILDREN- 
(ii) Whether the product is represented in its packaging, 
display, promotion, or advertising as appropriate for children 
3 years of age or younger. 
(iii) Whether the product is commonly recognized by 
consumers as being intended for use by children 3 years of 
age or younger. 
SEC. 4. 
Prohibition on the Manufacture, Sale or Distribution in 
Commerce of Children's Food and Beverage Containers Composed of 
Bisphenol A - After six months from the date of effectivity of this Act, no 
containers of children's food and beverage containing bisphenol A shall be 
manufactured, sold or distributed in the market or retail outlets for the use of 
the general public. 
Any person found in violation of this Act shall be punished by a penalty 
of prision currecfional, or a fine ranging from Fifty Thousand Pesos 
(Php50,000,000) to Two Hundred Thousand Pesos (Php200,000), or both, at 
the discretion of the court. 
If the offender is a corporation, trust or firm, partnership, association or 
any other entity, the penalty of imprisonment shall be imposed on the entity's 
responsible officers, 
including, but not limited to, the president, vice-president, 
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chief executive officer, general manager, managing director or partner directly 
responsible therefor. 
SEC. 5. 
Information, Education and Communication (IEC) 
Campaign. - The Department of Trade and Industry (DTI), in cooperation with 
the Philippine Information Agency (PIA), is hereby mandated to conduct a 
comprehensive and nationwide information, education and communication 
(IEC) campaign in order to inform the general public of the purpose and 
objectives envisioned under this Act. 
SEC. 6. 
Appropriations. - To carry out the provisions of this Act, 
the funds necessary to implement the provisions of this Act shall be incorporated 
in the annual general appropriations of the Department of Trade and Industry 
(DTI). 
SEC. 7. 
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 and subsisting. 
SEC. 8. 
Repealling Clause - Any law, presidential decree or 
issuance, executive order, letter of instruction, administrative order, rule or 
regulation contrary to or inconsistent with the provision of this act is hereby 
repealed, modified or amended accordingly. 
SEC. 9. 
Effectivity Clause. - This Act shall take effect fifteen (15) 
days from the date of its complete publication in the Official Gazette or in at least 
two (2) newspapers of general circulation. 
Approved, 
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