FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
}? ,& .,.: 
‘1 
j <, i: ‘,’“. 
SENATE 
S.B.No. 893 
Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Mercury (Hg) is a persistent, bio-accumulative toxin that poses 
significant risk to human health, wildlife and the environment. It is the only 
metal that remains liquid at room temperature. It is so dangerous that it just 
takes 1/70th of a teaspoon to contaminate a 10.11 hectare lake to the point 
where fishes in that lake are no longer safe for human consumption; Hg 
content in one fever thermometer alone is enough to contaminate more than 
200 million gallons of water. 
At high levels, metallic mercury can cause serious damage to the 
nervous system in developing fetuses, even death, in exposed adults. Even at 
low levels, metallic mercury can cause health problems such as mild tremors, 
changes in vision, hearing, and personality, insomnia, weakness, difficulty 
with memory, headache, irritability, and nervousness. 
People throw away products containing mercury, unaware of its 
dangers. The United Nations Environment Program (UNEPs) “Global 
Mercury Assessment” (2002) found that mercury is now all over the world at 
levels that adversely affect humans and wildlife. The problem has become 
global as regions with no significant mercury releases of their own, such as 
the arctic, are still affected due to transcontinental transport of mercury. 
Coal-fired power stations and waste incinerators now account for around 
1,500 tons or 70 percent of new, quantified manmade mercury pollution, 
releasing an estimated 400-500 tons of mercury annually to the air, soil, and 
waterways. 
In the Philippines, there are two (2) main sources of Hg pollution, 
mined mercury deposits and use of mercury in gold extraction by the crude 
method of amalgamation. Exposure to mercury depends on its form, with 
mercury vapor and methyl mercury being the most likely forms since they are 
almost completely absorbed by the body. Manmade sources of mercury come 
in the form of airborne particles released when coal, oil or natural gas is 
burned as fuel, or waste containing mercury is burned. The airborne mercury 
can then fall to the ground through rain contaminating soil or bodies of 
water. Lakes and rivers can also be contaminated through industrial waste or 
municipal sewage. Once mercury enters water --- directly or through 
deposition in air - biological processes transform it into methyl mercury, a 
highly toxic form of mercury that bioaccumulates in fish. When a substance 
bioaccumulates, its concentration increases as it moves to the food chain. 
The UNEP report also shows levels in fish exceeding a risk-based 
. 
LJ 
threshold (based upon Japan’s and U.S. recommendations) in quite a few 


developing countries, including Cote d‘Ivoire, Ghana, India, Mauritius, 
Philippines, Slovak Republic, and Thailand as well as Japan, Korea, and 
Sweden. 
Despite the risks, mercury continues to be used in a variety of products 
and processes all over the world including small-scale mining of gold and 
silver; chlorine and caustic soda production; manometers for measurement 
and control; thermometers; electrical switches; fluorescent lamps; and dental 
amalgam fillings. 
I have proposed a three-pronged plan to address the global issue that 
is Hg pollution: switch of mercury-using products and processes to non- 
mercury alternatives as there are indeed, less hazardous alternatives for 
most mercury-containing items; control of mercury release; and mercury 
waste management. Considering the effects of mercury, it is high-time that 
“measures of vigilance” in the introduction of mercury to the environment as 
are put forth in this measure be undertaken, and to which I urge my 
esteemed colleagues in the House of the Senate to support. 
EDG +’* 
RDO J.AN ARA 
Senator 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
~” 2 3 
*l? 7 
FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
1 
lilt. 
1 b .<ri 
SENATE 
S. B. No. 893 
Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT PROVIDING MECHANISMS FOR THE REDUCTION OF THE 
PROPER DISPOSAL THEREOF IN ORDER TO REDUCE THE 
INTRODUCTION OF MERCURY INTO THE ENVIRONMENT 
DISTRIBUTION OF MERCURY-ADDED PRODUCTS AND ITS 
Be it enacted by the Senate and the House of Representatives in 
Congress assen bled: 
SECTION 1. Short Title. This Act shall be known as the “Mercury 
Reduction Act of 2007.” 
SECTION 2. Declaration of Policy. It is hereby declared the policy 
of the State to adopt and implement positive and effective measures to ensure 
the reduction of the distribution of products containing mercury and the 
proper disposal thereof to reduce the introduction of mercury into the 
environment. 
SECTION 3. Definitions. For the purposes of this Act, the terms 
below are defined as follows: 
(a) “Affected source” means any source that emits mercury, except 
electric utility generators; 
(b) “Department” means the Department of Environment and 
Natural Resources which is the government agency created 
pursuant to Executive Order No. 192; 
(c) ‘Department of Science and Technology (DOST)” refers to the 
government agency created pursuant to Executive Order No. 128; 
(d) “Mercury-added product” means a product, device, instrument, 
or piece of equipment into which elemental mercury or mercury 
compounds are intentionally added during its formulation or 
1 


manufacture and in which the continued presence of mercury is 
desired to provide a specific characteristic or to perform a specific 
function; 
(e) “Mercury-containing material” means any material that 
contains mercury that was not intentionally added including, but 
not limited to, ash, sludge bottoms from manufacturing process, 
scrubber effluent, sewage sludge, cement kiln dust, and products 
made from mercury containing waste such as asphalt tiling, road 
9 
asphalt, playground mats, or any other material containing 
mercury. Mercury-containing material does not include material 
used as fuels, specifically and without exception, coal, oil, gasoline, 
10 
11 
12 
diesel, or natural gas; 
13 
14 
businesses, or corporations; and 
15 
(8) “Secretary” means the Secretary of 
the Department 
of 
(f) “Person” means any entity including, but not limited to, people, 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
Environment and Natural Resources. 
SECTION 4. Creation of an Environmental Advisory Council on 
Mercury Pollution. 
(A) There is hereby created an Environmental Advisory Council on 
Mercury Pollution, to consist of one member of the House of 
Representatives, appointed by the Speaker; one member of the 
Senate, appointed by the Senate President; the Secretary of the 
Department of Environment and Natural Resources; and the 
following persons, appointed by the President: one public health 
specialist; one toxicologist; one representative of an environmental 
group; one scientist who is knowledgeable on matters related to 
mercury contamination; one children’s advocate; and one consumer 
29 
advocate. 
30 
31 
32 
33 
34 
(B) The Advisory Council will report to the general assembly 
35 
regarding: 
The advisory council shall advise the general assembly, the 
executive and legislative branch and the general public on matters 
relating to the prevention and clean-up of mercury pollution and 
the reduction in human exposure to mercury. 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(1) The extent of mercury contamination in the soil, waters, and air of 
the Philippines; 
(2) The extent of any health risk from mercury contamination in the 
country, especially to pregnant women, children, and subsistence 
fishermen, and ways to reduce human exposure to mercury; 
(3) Methods available for minimizing risk of further contamination or 
public health risk; 
(4) Coordination needed with other states to effectively address 
regional mercury issues and pollution; 
(5) Ways to eliminate non-essential uses of mercury in health care, 
government, consumer, and business operations; 
(6) The extent to which mercury-containing solid waste and medical 
waste is incinerated or autoclaved within the state or sent out of 
state for such purposes, and ways to reduce the disposal and 
incineration of mercury-added products. 
SECTION 5. Public Education, Information and Outreach. The 
DENR, in collaboration with the Department of Science and Technology 
(DOST), shall develop, design and disseminate to the public information 
about mercury-added products, the prohibition on disposal of mercury-added 
products, the need for source separation, and the collection programs 
available to product users. 
SECTION 6. Public Participation. The public has a fundamental 
right to participate in decisions which could affect their health, well-being, 
and the quality of their environment. To encourage public participation, and 
accountability to the public, the Secretary must keep a mercury disclosure 
mailing list of all parties interested in mercury-added products and mercury- 
containing materials and notify them in a timely manner of any public 
hearings, final decisions on exemptions, the availability of monitoring and 
reporting data, and any other relevant information regarding this Act that 
the Secretary deems important or relevant. Any member of the public may 
request to be added to this list at any time. 
SECTION 7. Disclosure of Mercury Content. A manufacturer or 
36 
wholesaler may not supply a mercury-added product for sale to the public 
3 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
without first notifying the Secretary in writing of the amount of mercury in 
the individual product, the total amount of mercury in all of the mercury- 
added products sold by the manufacturer each year, and the essential-use 
purpose that the mercury serves. The Secretary shall send this notification 
letter to the mercury disclosure mailing list as established in Section 6 of this 
Act. 
SECTION 8. Control on the Sale of Elemental Mercury. 
(A) Sale. A person may not sell mercury to another person without 
requiring the purchaser to sign a statement indicating that the 
purchaser: 
(1) Will use the mercury only for a medical, dental, instructional, 
research, or manufacturing purpose; 
(2) Understands that mercury is toxic, and will store and use it 
appropriately so that no person is exposed to the mercury 
unknowingly; and 
(3) Will not place, or allow anyone under the purchaser’s control to 
place, the mercury in the trash for disposal as solid waste or in a 
wastewater disposal system. 
(B) Use. A person who uses elemental mercury in any application may 
not place, or deliver the mercury to another person who places 
residues, particles, scrapings, or other materials that contain 
mercury in solid waste, medical waste, construction or demolition 
waste, or wastewater, except for traces of materials that may 
accidentally pass through a filtration system during a dental 
procedure. 
SECTION 9. Proper Labeling of Products Containing Mercury. A 
manufacturer or wholesaler may not sell and a retailer may not knowingly 
sell any products, devices, instruments, or equipment that contain mercury 
unless the item is labeled in a manner to clearly inform a purchaser or 
consumer that mercury is present in the item and that the item shall not be 
placed in solid waste, medical waste, hazardous waste, construction and 
demolition waste, or flushed down the drain until the mercury is removed for 
reuse, recycling, or otherwise processing to ensure that it does not become 
part of solid waste, hazardous waste, or wastewater stream. 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
Label placement shall be on both the product and the product packaging. The 
label should be claarly visible and be sufficiently durable to remain legible at 
the time of purchase. Primary responsibility for affixing labels required 
under this section shall be on the manufacturer, and not on the wholesaler or 
retailer. 
SECTION 10. Mercury-Added Products Phase-Out. 
(A) Manufacturers are no longer allowed to sell mercury-added 
products in the country within two (2) years from effectivity of this 
Act, unless they have applied for and been granted an exemption 
from this section by the Secretary. 
In making the determination, the Secretary shall only grant such 
an exemption if: 
(1) The mercury-added products meet an essential-use requirement; 
(2) Finds that there are no comparable, feasible, reasonably-priced 
alternatives to mercury-added products available; and 
(3) 
Through 
verifiable 
documentation 
submitted 
by 
the 
manufacturer, assures that applicants have established take- 
back programs for all mercury-added products sold in the state 
that are available to all residents on a regular basis. 
(B) Exemptions may only be granted for up to two (2) years and may be 
renewed biannually. The renewal of each exemption shall follow the 
same process as the initial exemption. Each year the Secretary 
shall list all products that have been given exemptions and send 
this list to the mercury disclosure mailing list as established by 
Section 6 of this Act. 
(C) The decision to grant the exemption is discretionary and shall be 
subject to public review. 
SECTION 11. Ban on Mercury-Containing Toys, Games, 
Cosmetics, and Apparel. A person may not sell for resale or at retail toys, 
games, cards, ornaments, and novelties that contains mercury, or cosmetics 
or an item of clothing or wearing an apparel that contains mercury. 
SECTION 12. Ban on Sale or Distribution of Mercury 
Thermometers. A medical facility, including a hospital lab or health care 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
provider, may not ever distribute thermometers containing mercury. 
Thermometers containing mercury shall be prohibited from sale one year 
after the effective date of this Act. 
SECTION 13. Ban on Mercury in School Laboratories and 
Pu.rch,ase of Mercury by Schools and Universities; Clean Out of 
Existing Mercury Stocks. Within one (1) year from the effectivity of this 
Act, elemental mercury and mercury compounds shall not be used in 
laboratory procedures that elementary, secondary, or college students 
perform and no elementary or secondary school or university shall purchase 
mercury for any reason. 
Within one (1) year from the effectivity of this Act, the Department 
shall develop a plan for cleaning out and responsibly disposing of existing 
stocks of elemental mercury in all schools and universities in the country. 
SECTION 14. Dental Office Requirements. 
(A) All dental offices shall be required to submit an annual amalgam 
mercury report describing quantities stored and recycled of two 
separate mercury sources: 
(1) Dry sources (chairside traps, clean scrap, and elemental 
mercury); and 
(2) Wet sources (amalgam sludge, and vacuum pump traps). 
SECTION 15. Notification of Risk to Patients, Installation of 
Mercury Amalgam Dental Fillings in Pregnant Women (or Women of 
Childbearing Age) and Children Under Ten (10) Years of Age. After 
adoption of this Act, dentists shall be required to provide pregnant women (or 
women of childbearing age) and children under ten (10) years of age with 
information regarding the health risks of dental fillings containing mercury 
amalgams. 
Nothing in this section shall be construed to deprive any dental patient 
of the right to choose or replace any professionally recognized restorative 
material or permit disciplinary action against a dentist solely for removing or 
replacing any professionally recognized restorative material. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
SECTION 16. Health Care Provider Requirements Regarding 
Mercury-Containing Fixatives. All health care providers using mercury- 
containing fixatives shall be required to capture for recycling all solutions 
that have come in contact with said fixatives, including but not limited to all 
tissue rinse waters, tissue processor wastes, and formalin still residue. 
SECTION 17. Mercury Disposal Prohibition,. 
(A) A person may not place any elemental mercury or mercury- 
containing products including, but not limited to, batteries, lamps, 
thermostats, thermometers, electric switches, Cantor tubes 
(separate or a13 part of a larger product), appliances, gauges, 
medical or scientific instruments or devices, or electric relays or any 
other electrical device from which the mercury has not been 
removed for reuse or recycling: 
(I) In solid waste destined for landfill, waste incineration, or 
construction and demolition disposal; 
(2) In medical waste destined for landfill, waste incineration, or 
construction and demolition disposal; 
(3) In hazardous waste destined for waste incineration or recycling 
in any device which heats the material, except for the purpose of 
retorting the mercury for recovery; or 
(4) In wastewater disposal systems, including individual home 
septic systems. 
Such products can only be accepted at government-permitted or 
otherwise approved private hazardous waste facilities, recycling, or permitted 
hazardous waste facilities. 
SECTION 18. Mercury Source Separation. Every person who 
discards solid waste, medical waste, or wastewater within the country shall 
separate mercury-added products from wastewater, municipal and medical 
waste streams. Any contractor who replaces, removes, or transports mercury- 
added products shall assure the proper separation of any discarded mercury- 
added product. 
SECTION 19. Callection. Manufacturers of mercury-added products 
shall: 
7 


I 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
(a)Develop a plan or system for the collection of mercury-added 
products from users and ensure its implementation; 
(b) Clearly inform each mercury-added product purchaser of the proper 
system for collection of the product and that disposal of the product 
in municipal or medical waste or wastewater is prohibited; and 
(c) Periodically report on the success of the collection system. 
A fee may not be assessed for use of the collection system. 
SECTION 20. Removal from Service; Products Containing 
Mercury. 
(A) When a mercury-added product is removed from service, the 
mercury in the item must be source-separated for reuse, recycling, 
or other processing to prevent its release into the environment. 
(B) A person who is in the business of replacing or repairing an item in 
households shall ensure that the mercury contained in an item that 
is replaced or repaired is reused or recycled or otherwise processed 
in compliance with section 19 of this Act either through personal 
action or delivery of the item to a manufacturers’ collection system 
established by section 19 of this Act. 
(C) A person may not crush a motor vehicle unless the person has first 
made a good faith effort to remove all of the mercury switches in 
the motor vehicle. 
(D) Appliance recyclers shall be required to receive training and 
remove mercury switches from appliances before any reclamation or 
disposal processes take place. Appliance recyclers shall be required 
to report or manifest annually all mercury items removed and 
submitted to manufacturers’ collection programs. 
(E) Building, electrical and maintenance contractors shall make a good 
faith effort to pull all mercury-containing items from buildings 
before demolition and shall be required to report and manifest 
annually 
all mercury 
items 
removed 
and 
submitted 
to 
manufacturers’ collection programs. 
8 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
18 
16 
17 
18 
19 
20 
21 
22 
23 
24 
28 
26 
21 
28 
29 
30 
31 
32 
33 
34 
38 
SECTION 21. Displacement Relays. 
(A) Manufacturers of displacement relays containing mercury are 
responsible for the costs of collecting and managing their 
displacement relays to ensure that the relays do not become part of 
the solid waste stream. 
(B) A manufacturer of a displacement relay that contains mercury 
shall, in addition to the requirements of Section 19 of this Act, 
provide incentives for, and sufficient information to, purchasers and 
consumers o f  the relay to ensure that the relay does not become 
part of the waste stream. A manufacturer that has complied with 
this subdivision is not liable for improper disposal by purchasers or 
consumers of its relays. 
(C) A manufacturer subject to this subdivision, or an organization of 
such manufacturers and its officers, members, employees, and 
agents, may participate in projects or programs to collect and 
properly manage waste displacement relays. Any person who 
participates in such a project or program is immune from liability 
under Philippine laws relating to antitrust, restraint of trade, 
unfair trade practices, and other regulation of trade or commerce 
for activities related to the collection and management of the relays 
under this subdivision. 
(D) For purposes of this section, a “displacement relay” shall refer to an 
electrical flow control device having one or more poles that contain 
metallic mercury and a plunger which, when energized by a 
magnetic field, moves into a pool of mercury, displacing the 
mercury sufficiently to create a closed electrical circuit. 
SECTION 22. Recycling of Mercury-Added Lamps and Other 
Mercury-Added Products. Notwithstanding any general or specific law to 
the contrary, the Secretary shall be directed to comply with Philippine 
environmental laws and, in so doing, be required to properly manage 
mercury-added lamps and other mercury-added products. Recycling shall be 
utilized, whenever possible, as the preferred method of disposal. 
SECTION 23. Mercury Emission Monitoring for Large Emitters. 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
(A) Waste Incinerators. This section requires mercury monitoring 
systems for mercury and quarterly reporting requirements to the 
Department of mercury emissions for all waste incinerators 
operating within the state. 
(B) Non-Utility Generators. This section requires persons who emit 
mercury to monitor emissions and provide quarterly reports to the 
state. 
(C) Electric Utility Generators. This section requires persons or 
utilities who generate or sell power in the state to monitor mercury 
emissions and provide quarterly reports to the state on the mercury 
emitted in generating that electricity. 
SECTION 24. Mercury Reduction Requirement for Large 
Mercury Emitters. 
(A) Non-Utility Sources. This section applies to all mercury emitters of 
over 0.5 pounds annually except for electric utility generators. All 
affected sources shall reduce mercury releases by 50% within five 
(5) years from effectivity of this Act and have zero emissions within 
ten (10) years from effectivity of this Act, using the year in which 
this Act takes effect as the baseline. Within two (2) years from 
effectivity of this Act, the Department shall establish a 
methodology for determining the baseline annual mercury 
emissions limit for affected sources. 
(B) Utility Sources. This section applies to all electric utility generators 
emitting more than 0.5 pounds of mercury annually. All electric 
utility generators which burn any amount of coal shall reduce 
mercury releases by 95% within ten (10) years from effectivity of 
this Act, using the year in which this Act takes effect as the 
baseline. Within two (2) years from effectivity of this Act, the 
baseline will be calculated based on data gathered under the federal 
mercury monitoring requirements imposed on utility generators. 
SECTION 25. Disposal of Ash Containing Mercury and Mercury 
Captured Through Emission Controls. Any mercury captured or 
recovered through the use of an emission control, coal cleaning, or another 
method and all ash generated from combustion shall be disposed of in a 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
manner that ensures that the hazards from mercury are not transferred from 
one environmental medium to another; and there is no release of mercury 
into the environment. 
SECTION 26. Government Procurement of Non-Mercury-Added 
Products and Submission of Annual Report. 
(A) Government departments and agencies involved with procuring 
products shall purchase non-mercury-added products whenever 
viable alternatives are determined cost-effective and available. 
(B) On an annual basis, said departments and agencies shall produce a 
report to the Legislature on the categories and quantities of 
mercury-added products purchased in the prior year and outline the 
steps taken to investigate and purchase non-mercury-added 
products. 
SECTION 21. Implementing Rules and Regulations (IRRs). - 
Within six (6) months from the effectivity of this Act, the DENR shall, 
promulgate the Implementing Rules and Regulations. 
SECTION 28. Role of Local Government Units. Local government 
units (LGUs), together with the DENR and the Department of Health (DOH), 
shall conduct long term monitoring to gain a more comprehensive 
understanding of the sources, kinetics, environmental behavior and toxicity 
of Hg and its impact in the affected areas especially the high risk groups, i.e., 
pregnant women and children. 
LGus shall also conduct remediation / mitigation measures in the 
environment to ensure that exposure limits to mercury will be kept at a 
minimum or within permissible limits. 
SECTION 29. Separability Clause. If any provision of this Act or 
the application thereof to any person or circumstance is held invalid, the 
invalidity shall not affect other provisions or applications of this Act which 
can be given effect without regard to the invalid provision or application, and 
to this end the provisions of this Act are severable. 
11 


1 
2 
3 
4 
5 
SECTION 31. Repealing Clause. - All laws, orders, doctrines, 
6 
decrees, rules and regulations or parts thereof, inconsistent with any of the 
7 
provisions of this Act are hereby repealed, amended or modified accordingly. 
8 
9 
Approved, 
SECTION 30. Effectivity Clause. This Act shall take effect fifteen 
(15) days after its full and complete publication in the Official Gazette or in 
at least two (2) newspapers of general circulation. 
12