SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1775 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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OCT -2 1\11 :49 
Research in the United States show that an emergency exists concerning worker exposure 
to diacetyl, a substance used in many flavorings, including artificial butter flavorings. There is 
compelling evidence that diacetyl presents a grave danger and significant risk of life-threatening 
illness to exposed employees. Workers exposed to diacetyl have developed, among other 
conditions, a debilitating lung disease known as bronchiolitis obliterans. 
From 2000 to 2002, the National Institute for Occupational Safety and Health (or 
NIOSH, the United States federal agency responsible for conducting research and making 
recommendations for the prevention of work -related injury and illness) identified cases of 
bronchiolitis obliterans in workers employed in microwave popcorn plants, and linked these 
illnesses to exposure to diacetyl used in butter flavoring. In December 2003, NIOSH issued an 
alert "Preventing Lung Disease in Workers Who Use or Make Flavorings," recommending that 
employers implement measures to minimize worker exposure to diacetyl. 
From 2004 to 2007, additional cases of bronchiolitis obliterans were identified among 
workers in the flavoring manufacturing industry by the California Department of Health Services 
and Division of Occupational Safety and Health (Cal/OSHA), which through enforcement 
actions and an intervention program, called for the flavoring manufacturing industry in 
California to reduce exposure to diacetyl. 
In a report issued in April 2007, NIOSH reported that flavor manufacturers and flayoured 
food producers are widely distributed in the United States and that bronchiolitis obliterans had 
been identified among microwave popcorn and flavoring-manufacturing workers in a number of 
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states. A health standard is urgently needed to protect workers exposed to diacetyl from 
bronchiolttis obliterans and other debilitating conditions. 
In the Philippines, warnings about potential serious respiratory illness in workers exposed 
to flavorings and recommending comprehensive control measures for diacetyl and other "high 
priority" substances used in flavoring manufacturing are rarely heard of. With the thousands of 
popcorn vendors and all other food vendors in our streets and commercial areas, there is no 
doubt that these vendors are exposed to the harmful chemicals mentioned above. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1775 
Introduced by Senator Miriam Defensor Santiago 
'13 
OCT -2 An :49 
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AN ACT 
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TO DIRECT THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF LABOR 
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AND EMPLOYMENT TO REGULATE WORKER EXPOSURE TO DIACETYL 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress -
assembled: 
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SECTION 1. Issuance of Standard on Diacetyl. -
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(A) 
Interim Standard-
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(1) 
Notwithstanding any other provision of law, not later than ninety (90) days 
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after the date of enactment of this Act, the Secretary of Labor and the 
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Secretary of Health shall promulgate an interim final standard regulating 
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worker exposure to diacetyl. The interim final standard shall apply--
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(a) 
to all establishments or facilities that manufacture, use, handle, or 
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process diacetyl; and 
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(b) 
to 
all 
microwave 
popcorn 
production 
and 
packaging 
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establishments that use diacetyl-containing flavors 
in the 
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manufacture of microwave popcorn. 
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(2) 
Requirements - The interim final standard required under subsection (A) 
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shall include the following: 
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(a) 
Requirements for engineering, work practice controls, and 
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respiratory protection to minimize exposure to diacetyl. Such 
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engineering and work practice controls include closed processes, 
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isolation, local exhaust ventilation, proper pouring techniques, and 
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safe cleaning procedures. 
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Act, 
(b) 
Requirements for a written exposure control plan that will indicate 
specific measures the employer will take to minimize employee 
exposure; and requirements for evaluation of the exposure control 
plan to determine the effectiveness of control measures at least on 
a biannual basis and whenever medical surveillance indicates 
abnormal pulmonary function in employees exposed to diacetyl, or 
whenever necessary to reflect new or modified processes. 
( c) 
Requirements for airborne exposure assessments to determine 
levels of exposure and ensure adequaey of controls. 
(d) 
Requirements for medical surveillance for workers and referral for 
prompt medical evaluation. 
(e) 
Requirements for protective equipment and clothing for workers 
exposed to diacetyl. 
(f) 
Requirements to provide written safety and health information and 
training 
to 
employees, 
including 
hazard 
communication 
information, labeling, and training. 
(3) 
The interim final standard shall take effect upon issuance. The interim. 
final standard shall have the legal effect of an occupational safety and 
health standard, and shall apply until a final standard becomes effective. 
(B) 
Final Standard - Not later than two (2) years after the date of enactment of this 
the Secretary of Labor and the Secretary of Health shall promulgate a final standard 
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regulating worker exposure to diacetyl. The final standard shall contain, at a minimum, the 
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worker protection provisions in the interim final standard, a short-term exposure limit, and a 
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permissible exposure limit that does not exceed the lowest feasible level, and shall apply at a 
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minimum to all facilities where diacetyl is processed or used. 
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SECTION 2. Study and Recommended Exposure Limits on Other Flavorings.-
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(A) 
Study - The Department of Health shall conduct a study on food flavorings used 
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in the production of microwave popcorn. The study shall prioritize the chemicals that are most 
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closely chemically associated with diacetyl to determine possible exposure hazards. 
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(B) 
Recommended Exposure Limits - Upon completion of the study conducted 
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pursuant to subsection (A), the Department of Health shall establish recommended exposure 
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limits for flavorings determined by such study to pose exposure hazards to workers involved in . 
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the production of microwave popcorn. 
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SECTION 3. Separability Clause. - If any provision or part thereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 4. Repealing Clause. - Any law, presidential decree or issnance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
, 
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pUblication in at least two (2) newspapers of general circulation. 
Approved, 
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