NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
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:pr¥RECENED
DATE:-
OCT    0  3
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BY:ue
Introduced b
resentative Rufus a. Rodri
House Bill No. 533 0
EXPLANATORY NOTE
This  bill  was  originally  introduced  as  House  Bill  No.  3285  during  the  15th  Congress
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it  was  not  acted  upon.  It  was  again  re-filed  during  the  16th  Congress  where  it  was  also
approved  by the  House of Representatives and transmitted to the Senate.  It was again  re-
filed during the 17th Congress.
Mercury is a persistent, bio-accumulative 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 jn 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  to  the  government.  This  lack  of  awareness
potentially  threatens  tens   of  millions   of   Filipinos  who   may   unknowingly   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  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.
Hence, immediate passage of this bill is earnestly sought.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus 8. Rodriguez
House Bill No. 53 3 0
AN ACT
ESTABLISHING   THE   MERCURY   EXPOSURE   INFORMATION   PROGRAM   AND   FOR
OTHER PURPOSES
Be it erl?ct.ed  by the Senate and  House of Representatives of the Philippines in Congress
assembled:
SECTION  1. Short Title -This Act shall be known as the "Mercury Exposure Information
Act„.
SEC 2. Declaration of Policy -Pursuant to the  1987 Constitution, the State hereby declares
the  policy of protecting  and  promoting  the  right to  health  of the  people and  instilling  health
consciousness  among  them.  Towards  this  end,  the  State  shall  adopt  an  integrated  and
comprehensive  approach  to  health  development,  which  shall  endeavor to  make  essential
goods, health and other social services available to every Filipino at affordable cost.
SEC.   3.   Mercury   Exposure   Information   Program   -  The   Secretary  of  Health   shall,   in
consultation   with   other   government   agencies   and   nonprofit   private   entities,   including
cooperative   health   extension   services,    design   and    implement   a    Mercury   Exposure
Information Program to ensure that the public is informed of the hazards and adverse effects
of mercury exposure through the consumption of fish and other seafood.
Under  this  program,  the  Secretary  of  Health  shall  issue  a  comprehensive  health
advisory  to  the  general  public  about  the  presence  of  methyl  mercury  in  fish  and  other
seafood  and  its  potential  dangers  to  health,  particularly to  the  sensitive  population  or  high
risk group such as pregnant women and children.
The Secretary of Health shall provide:
1 )   Medical information on the signs and symptoms, treatment and prevention
of mercury-related illnesses; and
2)   Reliable  information  on  the  mercury  levels  in  fish  and  other seafood,  the
safe    dose    and    consumption    limits    with    emphasis    on    limiting    the
consumption  of  fish  and   other  seafood  with   unsafe  or  high   levels  of
mercury.
The  health  advisory  shall  be  clear,  concise  and  printed  in  English,  Filipino  or  any
dialect  that  the  Secretary  of  Health  may  deem  appropriate  to  effectively  disseminate  the
information.
The health advisory shall be posted in the following areas:
1)   In  the  patient  and  client  areas  of  all  maternal  and  child  health  hospitals,
clinics, centers and similar offices; and
2)   ln  markets and  business establishments where fish  and  other seafood  are
sold for human consumption.
The Secretary of Health shall periodically update the health advisory,
SEC.  4.  Mercury  Warning  Consumer's  Guide  -  A  mercury  warning  consumer's  guide  or
manual on the potential dangers of exposure to mercury shall be prepared and distributed by
`,


the  Department  of Health  (DOH),  in  coordination  with  the  Department of  Environment  and
Natural Resources (DENR), to the following:
(a) Appropriate fisheries, wildlife and environmental law enforcement agencies;
(b) All applicants for fishing license at the time the license is issued; and
(c) The public upon request.
SEC.  5.  Sampling  and  Monitoring  -  The  Secretary  of  Health  shall  ensure  that  seafood
methyl-mercury  sampling  and  monitoring  program  are  conducted  by  the  Food  and  Drug
Administration (FDA) to assist in the documentation of mercury levels in various fish species.
The sampling  program  shall  be conducted  to  provide statistically valid  monitoring  data with
respect to mercury levels in fish and other seafood, including market-basket studies, and the
extent to which fish and other seafood with mercury levels in excess of the acceptable level
are sold in commerce. Such information, along with information gathered by the DENR, shall
be compiled into an annual report to track changes in dietary exposure to mercury from fish
and other seafood.
SEC.  6.  Penalties - A fine of not less than  Five thousand  pesos (P5,000.00) but not more
than  Ten  thousand  pesos  (P10,000.00)  shall  be  imposed  upon  the  head  or  official  of any
maternal  and  child  hospital,  clinic,  center  or  similar  office  who  fails  to  post  the  consumer
advisory on the hazards of mercury exposure pursuant to Section 3 of this Act.
A fine of not less than  Four thousand  pesos (P4,000.00) but not more than  Eight thousand
pesos  (P8,000.00)  shall  be  imposed  upon  the  administrator or  operator of any  market  or
business  establishment  that  sells  fish  and  other  seafood  who  fails  to  post  the  consumer
advisory on the hazards of mercury exposure pursuant to Section 3 of this Act.
SEC. 7.  Implementing  Rules and  Regulations - Within sixty (60) days after the effectivity of
this Act, the Secretary of Health shall promulgate the necessary rules and regulations for the
effective implementation of this Act.
SEC. 8. 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. 9.  Effectivity Clause -This Act shall take effect fifteen (15) days after its publication in
any national newspaper of general circulation.
Approved,
•,