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Republic of the Philippines f
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5246

Introduced by
BAYAN MUNA Representatives EUFEMIA C. CULLAMAT,
CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS, and
KABATAAN Party-List Representative SARAH JANE I. ELAGO

AN ACT
PROHIBITING THE DISTRIBUTION, SALE,
AND USE OF GLYPHOSATE IN THE PHILIPPINES

EXPLANATORY NOTE

Glyphosate or N-(phosphonomethyl)glycine is a broad-spectrum herbicide developed and
commercially introduced by Monsanto in 1974 under the brand name Roundup. It is believed to
inhibit protein synthesis in weeds leading to death. It persists in some soils for up to three years
and can bio-accumulate. It is used in plantations, parks, gardens and orchards. The global
production of glyphosate reached 1.1 million tons in 2012 causing tremendous pressure to
disperse Roundup Ready (RR) crops. RR crops increased glyphosate use from just 25-30 million
Ibs in 1995 to 180-185 million Ibs in 2007. In 2016, Environmental Sciences Europe reports that
18.9 billion pounds (8.6 billion kilograms) of glyphosate have been used globally.

‘A growing body of independent scientific evidence suggests that glyphosate is harmful to
humans. Use of glyphosate formulations was found to induce DNA damage and has been
associated with increased risk of @ cancer especially non-Hodgkin’s lymphoma; (ji)
neurobehavioral disorders in children; (ii) birth defects and other diseases.

In the laboratory, glyphosate formulations were found to @) inhibit the production of steroid
hormones e.g, progesterone; (i) cause cell death and necrosis in various human cell cultures at
faicly low levels; ii) induce congenital craniofacial malformations on frog and chicken embryos;
and iv) be highly toxic to frogs.

Continuous use of glyphosate disrupts soil microbial communities, and makes RR crops more
susceptible to disease, deficient in key nutrients, and less productive than conventional crops.
Glyphosate increases the severity of sudden death syndrome — a serious plant disease caused by
Fusarium — in RR soybeans. Low level glyphosate spray has caused reduced leaf concentrations of
calcium, manganese and magnesium as well as reduced seed concentrations of calcium,
magnesium, iron and manganese in non-transgenic soybeans.

Intensive glyphosate use led to the emergence of glyphosate-resistant (GR) weeds, that resistance
is now recorded in 35 weed species in 27 countries. Such widespread use also contaminated the
environment with glyphosate residues being detected in food, drinking water, wine, beer, and in


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RR cotton products. ‘The extent of human exposure is confirmed by the presence of glyphosate
in human urine and breast milk.

In 2015, the International Agency for Research on Cancer classified glyphosate as a probable
human carcinogen. During the Monsanto Tribunal on October 2016 in the Hague (Netherlands),
Dr. Peter Clausing a toxicologist, debunked the arguments used by the authorities to dismiss the
significant finding of glyphosate-induced malignant lymphoma in mouse carcinogenicity
bioassays that led to the reclassification of glyphosate as non-carcinogen. In that tribunal, Dr
Clausing declared: “In 2017 the European Chemicals Agency has to decide whether it accepts the compelling
evidence for ghyphosate’s carcinogenicity and declares it a carcinogen. This would be an overdue acknowledgement of
the reality.”

Such declaration resulted to national bans and restrictions, and voluntary action by local
authorities and retailers to curb glyphosate use. Sti Lanka was the first country to ban it
completely, although the ban has recently been relaxed to allow use in tea plantations; Italy has
banned pre-harvest use, and all use in public places and those frequented by children and the
elderly; France is phasing out the use of pesticides in towns and public areas; and the European
Union has extended approval for glyphosate for only 18 months instead of the usual 15 years.

Glyphosate is included in Pesticide Action Network's (PAN) List of Highly Hazardous Pesticides
targeted for global phase-out. ‘The PAN monographs detail glyphosate’s adverse effects on
humans, ecosystem functioning, pollination services, biological controls, soil fertility and crop
health. PAN has strongly urged governments to adopt agroecological approaches to pest/weed
management.

Dr Rosemary Mason’s open letter to European Chemicals Agency Executive Director Geert
Dancet described the devastating effects of agrochemicals and how corporate power works to
encourage scientific fraud and subvert public watchdogs and policy-making institutions to get
toxic agrochemicals, especially glyphosate, onto the market and ensure they remain there.
Revelations in Dr Mason’s letter include () US Environmental Protection Agency’s collusion
with Monsanto in changing glyphosate’s classification from Group C /probable carcinogen to
Group E/evidence of non-carcinogenicity for humans; (i) Monsanto's sealed secret studies
showing glyphosate’s carcinogenicity since the 1970s; (ii) Glyphosate’s possible link with
increased incidence of cataracts and interstitial damage, and a range of diseases e.g, brain tumors,
cancers, non-Hodgkin’s lymphoma, Parkinson’s, multiple sclerosis, Alzheimer’s and dementia;
Gv) Glyphosate’s adverse effects on bumblebees, butterflies, moths, bush crickets, spiders,
dragonflies, ladybirds, solitary bees, hoverflies, bats, beetles, shield bugs and many other small
creatures that have all but disappeared in glyphosate-ridden areas.

Mason posed the question “Why are you all protecting the pesticides industry?” to the various
agencies responsible for protecting health and the environment, and recapped: “Monsanto has
been lying to you for the sake of money. CEO Hugh Grant and the US EPA knew that
glyphosate caused all of these problems. The corporation concealed the carcinogenic effects of
PCBs on humans and animals for seven years. They have no plans to protect you and your
families from the tsunami of sickness that is affecting ws all...”

‘The same question may be posed by us and the people to this Assembly if this bill is not passed
the soonest possible time.

Furthermore, a very recent study entitled Community Pesticide Action Monitoring in Mindanao,
Philippines conducted by Dr. Romeo F. Quijano, President of the Pesticide Action Network


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Philippines in collaboration with PAN Asia Pacific, the Kilusang Magbubukid ng Pilipinas,
Sentro para sa ‘Tunay na Repormang Agraryo, European Center for Constitutional and Human
Rights, Citizens Alliance Unified for Sectoral Empowerment Davao del Sur, Community Primary
Health Care-SOCSKSARGEN and other partners revealed disturbing facts:

1. Glyphosate is one of the five most commonly used pesticides in the area, together with
another highly hazardous herbicide, Paraquat.

2. Pesticide handlers have inadequate training or none at all. Most are unaware of the hazards
of pesticides that very few of them were conscious not to spray against wind direction. One
sprayer-respondent even clears the applicator nozzle with his mouth.

3. There are plantations where the washing facilities are off-limits to workers. ‘Thus, workers
usually go home unwashed or do their washing at the sivers/streams.

4, There are no accessible comfort rooms that there are women workers who urinate on newly
sprayed ground. One woman respondent divulged that she is already experiencing pain while
urinating and have sores in her private parts.

5. Provision for masks, gloves, coveralls/aprons and boots is limited. Workers had to resort to
the use of bra cups as masks since their employers do not provide them replacements once
their masks are worn out. Only one pair of boots is provided, and is not sturdy enough to
last a year. There are workers with sores on their legs and who have discoloured nails
because they cannot afford to buy boots. Goggles are rarely provided. Most of the workers
complained of eye pain/itchiness and tearing. Workers usually wear long sleeves and long
pants to work.

6. There is at least one sick member and three types of illnesses per household. There are
indications of endocrine disruption as can be deduced from the delayed menarche by most
female respondents. ‘There are reports of still births and deaths within the first year of birth
which signify pesticide effects on the foetus.

7. Residential houses were found inside and within the 10 m radius of the banana plantations.
Respondents from Davao were all exposed to pesticide drift, and there were cases when they
‘were aerially sprayed while eating or on their way to the river to do laundry. Residents also
enter newly sprayed areas without adequate protection.

8. There are a sizable number of children at the vulnerable ages of 6 years old and below within
the vicinity of the plantations. One respondent recounted that her three-year old child lost
consciousness while playing and ended up mentally handicapped. She attributed the cause of
the illness to pesticide drift as the incident occurred during an aerial spray.

‘The UN’s International Code of Conduct on Pesticide Management discourages the use of
pesticides whose handling and application require the use of personal protective equipment
(PPE) that is uncomfortable, expensive or not readily available especially in the case of small-
scale users and farm workers in hot climates. Glyphosate, as a probable human carcinogen and a
highly hazardous pesticide, entails the use of PPE and thus, should not be marketed nor sold in
the Philippines where hot climate prevails and where companies are not conscientious in
providing adequate PPE.

Glyphosate is widely used in herbicide-resistant genetically modified (GM) com (or commonly
known as Roundup Ready corn) in the country. Data from the Bureau of Plant Industry of the
Dept of Agriculture states that in 2011, the country plants about 685,317 hectares of GM com of


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which 96% (658,846 Ha) is able to resist the said herbicide. In a study made by the Magsasaka at
Siyentipiko para sa Pag-unlad ng Agrikultura (MASIPAG) on the socio-economic impacts of
genetically modified com in the Philippines, farmers spray about 4 liters of Glyphosate per
hectare twice every season. Thus in one season of GM com farming in 2011 alone, GM com
farms in the country are being doused with almost 5.3 Million liters of Glyphosate.

During the conduct of the study, it has been observed that GM com farms are expanding on
once forested and public lands as these are quickly being cleared by using Glyphosate.
Altemative sources of food such as vegetables are affected by glyphosate drifting into their
crops, thus reducing local food sources of farming communities.

With voluminous evidence on the hazards of glyphosate, the severity of its effects on humans
and biodiversity on the areas where it is in use, its banning and phasing out in several countries,
and the inappropriateness of PPE in the Philippine climate and conditions of use, the sale and
use of glyphosate in the country must be stopped.

‘This bill was filed in the 17" Congress by the Makabayan bloc, primarilly authored by Anakpawis
Representative Ariel Casilao where it was referred to the Committee on Ecology. We are
submitting this bill in the 18° Congress to push for a nationwide ban on glyphosate in order to
protect life and health, especially women and children, and yet to be born, from its severely
hazardous effects.

Approved,
lomel
REP. EUFEMIA C, CULLAMAT
Bayan Muna Partylist

‘

PCR RIND aeare FERDINAND R. GAITE
Bayan Mund Partyist Bayan Muna Parpylist
o
fe [NE D. BROSAS. REP. FRANCE L. CASTRO
GABHIELA Women’s Party ACT Teachers Party-ist

REP. SARAH JANE I. ELAGO
Kabataan Party-list


eu aHVaune

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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5246

Introduced by
BAYAN MUNA Party-List Representatives EUFEMIA C. CULLAMAT,
Rep. CARLOS ISAGANI T. ZARATE, and Rep. FERDINAND R. GAITE,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS, and
KABATAAN Party-List Representative SARAH JANE I. ELAGO

AN ACT
PROHIBITING THE DISTRIBUTION, SALE,
AND USE OF GLYPHOSATE IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the ‘Glyphosate Use Prohibition Act of 2019”.

Section 2. Declaration of State Principles and Policies. Pursuant to Section 15, Article II of
the Philippine Constitution, which declares that the State shall protect and promote the right to
health of the people and instill health consciousness among them, as well as Section 16, Article IT
of the Philippine Constitution, which further declares that the State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and harmony
of nature, itis hereby the declared policy of the State:

1. ‘To ensure the protection and promotion of these Constitutionally guaranteed rights
to health and balanced ecology of the people, including generations yet to be born;

2. To protect the people from the hazards of the environmentally degrading and health
threatening agricultural practice of using glyphosate to control weeds; and

3. To adopt the precautionary principle in assessing projects which are environmentally
critical.

Section 3. Definition of terms. For purposes of this Act, the following terms shall be
understood as follows:

A. Back spraying refers to the application of substances, including but not limited to
pesticides and any other hazardous substances.

B. Agricultural activity, in relation to this Act, refers to the cultivation of the soil, sowing
of seeds, planting of crops, growing of fruit trees, and shall include, among others, the
following activities: land preparation, seeding, planting, cultivation, harvesting, bagging, and
other activities and practices performed in conjunction with farming operations.


C. Agricultural entity refers to any person, whether natural or juridical, who is involved in
agricultural activities.

D. Banned pesticide or herbicide is a pesticide or a herbicide for which all registered uses
have been prohibited by a government action or for which all requests for registration or
equivalent action for all uses have, for health or environmental reasons, not been

granted.

E, Global Positioning System survey refers to a survey plan to be made with the aid of
Global Positioning System showing the metes and bounds of each agricultural
farm/plantation that shall be submitted to the Office of the Mayor of the
municipality/city which has jurisdiction over concerned agricultural farms/plantations.

F. Hazardous substances refer to substances which present either:

1. Short-term acute hazards, such as acute toxicity by indigestion, inhalation or skin
absorption, or other skin or eye contact hazards, or the risk of fire or explosion; or

2. Long-term hazards, including chronic toxicity upon repeated exposure,
carcinogenicity, resistant to detoxification process, such as biodegradation, the potential
to pollute underground or surface waters, or aesthetically objectionable properties such
as offensive odors; or those substances which the Fertilizer and Pesticides Authority
(FPA) under the Department of Agriculture and other government agencies will identify
as hazardous.

G. Herbicide refers to any substance or product, or a mixture thereof, including active
ingredients, adjuvants and formulations, intended to control, prevent, destroy, repel, or
mitigate, directly or indirectly, any unwanted plant/weed.

H. Imminent hazard refers to a situation which exists when the use of a pesticide or
herbicide will likely result in unreasonable adverse effects on the public and/or the
environment of will involve unreasonable hazards to the survival of species declared
endangered by the appropriate authorities.

I. Glyphosate refers to herbicides with N-(phosphonomethyl)glycine as the active
ingredient (chemical formula CsHsNOsP). Technical grade glyphosate is a colorless,
odorless crystalline powder, formulated as water-soluble concentrates and granules. Most
formulations contain the isopropylamineammonium salt of glyphosate (glyphosate-
isopropyl ammonium), but here the term glyphosate is taken to mean all salts of N-
(phosphonomethyl)glycine.

J. Pest refers to any form of plant or animal life, or any pathogenic agent injurious or
potentially injurious to plants or plant products.

K. Pesticide refers to any substance or product, or a mixture thereof, including active
ingredients, adjuvants and pesticide formulations, intended to control, prevent, destroy
repel or mitigate, directly or indirectly, any pest. ‘The term shall be understood to include
insecticide, fungicide, bactericide, nematocide, herbicide, agaricide, molluscicide, avicide,
rodenticide, plant regulator, defoliant, dessicant, and the like.


L. Restricted pesticide or herbicide is a pesticide for which virtually all registered uses
have been prohibited by final government regulatory action, but for which certain
specific registered use or uses remain authorized. It may not be allowed for distribution,
sale and use in certain crops and/or areas of the country; and may be used only by and
under the supervision of certified applicators, or under such conditions as the FPA
executive director may require.

M. Toxicity refers to a physiological or biological property determinative of the capacity of
a chemical to do harm ot produce injury to a living organism through non-mechanical
means.

N. Unauthorized pesticide or herbicide is a pesticide or herbicide for which registration
has been denied by the government.

O. Weed refers to any form of plant injurious or potentially injurious or perceived to be
injurious to agricultural crops.

Section 4. Ban on the distribution, sale, and use of glyphosate in agriculture and other
activities. ‘The distribution, sale, and use of glyphosate for agriculture and other pest
management activities are hereby declared as contrary to law. Its distribution, sale, and use in the
Philippines are hereby declared illegal and punishable under this Act.

Section 5. Scope and presumption. ‘The provision of this Act shall apply to the distribution,
sale, and use of glyphosate in all agricultural and pest management activities; Provided, that the
detection of glyphosate residues in the agricultural crops, food, and environment is a prima face
evidence of the commission of the act.

Section 6. Liability. Any person, natural or juridical, who distributes, sells, buys, or applies
glyphosate shall be held liable and penalized under section 10 hereof. Provided, that if the
violator is a corporation, partnership or any other juridical entity, the penal provisions hereof
shall be applied to the members of the Board and the officers of the corporation, the managing
partner in the case of partnership, or the equivalent head in the case of any other juridical entity
or any other person acting on their behalf, with or without written authorization, who have
acquiesced or consented to the distribution, sale, use and application of glyphosate. In the case
of a corporation, the indictment shall include the manager of the department directly responsible
for the commission of the act.

Section 7. Implementing agencies. ‘The Fertilizer and Pesticide Authority (FPA) shall be
primarily responsible for the implementation and enforcement of this Act.

Section 8. ‘There shall be created a municipal of city inspection and monitoring committee, to
monitor compliance with this Act, to be composed of representatives of farmers’/farmworkers?
organizations, environment protection advocates, civil society, church people, and youth
organizations. The municipal/city agriculturist, municipal/city health officer, community
environmental officer, and the municipal/city chief of police shall be automatic members of the
inspection and monitoring committee.

‘The municipality/city-based inspection and monitoring committees shall be co-headed by the
municipal or city health officer and the municipal or city agriculturist. It shall have inspectorial


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and investigative powers, with the power to issue subpoena duces and ad festficandum, in cases
where complaint for possible violation of this Act has been reported or filed to the committee.

Any persons who shall delay, prohibit, bar, cause the delay or prohibition of the inspection and
investigation of the committee shall be subject the corresponding penalty herein-below provided.

Any person or entity who shall fail to obey the subpoena of the committee may be held liable for
contempt and punished accordingly in accordance with the provisions of the Rules of Court on
Contempt.

‘The committee, after conducting inspection or investigation, shall submit its report to the FPA
which shall thereafter cause the prosecution of any violator of this Act.

Section 9. Documentation/Inventory. All distributors, suppliers, and sellers of pesticides and
herbicides shall be required to submit a list of the products they distribute, supply, or sell to the
city or municipality monitoring committee where they are based. The failure to do so shall merit
suspension or cancellation of business permit and their operation.

Any person or entity using any pesticide or herbicide shall be required to submit to the
monitoring committee a report which shall include, but not limited to the following:

a. The area covered by these agricultural farms/ plantations where the pesticide or herbicide
shall be used or applied.

b. Main crop produced by these agricultural farms/ plantations

c. Pesticides used or intended to be use in the farm or plantation.

Section 10. Penal provisions. The penalty of prision mayor shall be imposed upon any person or
entity found to have violated section 4 of this Act.

‘The aerial spraying and similar operations with the use of glyphosate shall be considered an
aggravating circumstance and any person or entity found guilty thereof shall be punished with a
penalty next higher in degree.

‘The penalty of prision correcional shall be imposed upon any person or entity found to have
violated the provision of the third paragraph, of section 8 hereof.

In addition, the following fines shall be imposed:

1. For violation of Section 4, a fine of not less than fifty thousand Philippine pesos
(50,000.00) but not more than one hundred thousand Philippine pesos (P100,000.00) per
day shall be imposed upon the owner of the plantation who actually instructed the use of

glyphosate;

2. For failure to submit report under Section 9, second paragraph of this Act, a fine of not less
than fifty thousand Philippine pesos (P50,000.00) shall be imposed.

‘The filing of a criminal action under this Act shall be without prejudice to the filing of civil and
administrative cases against the violators hereof by the persons or communities affected by the
use of glyphosate.


Section 1. Implementing Rules and Regulations. Within sixty (60) days after the effectivity
of this Act, the Department of Agriculture, through the Fertilizer and Pesticide Authority, in
coordination with the DILG, DENR EMB, and DOH, shall formulate and issue Implementing
Rules and Regulations of this Act.

Section 12. Separability clause. If any part or provision of this Act is declared void or
unconstitutional, the remaining provisions thereof shall remain in full force and effect.

Section 13. Repealing clause. All other laws, decrees, rules and regulations, orders, and
issuances inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Section 14. Effectivity clause. This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette ot in any newspaper of general circulation.

Approved,