FOURTEENTH CONGRESS OF THE REPUBLIC ), 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 15 provides: 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
Consumer goods packaging makes up a significant portion of waste going to the solid 
waste landfills of our country. Packaging containing toxic substances, especially heavy metals, 
lead, cadmium, mercury and hexavalent chromium, can release those poisonous or dangerous 
substances, contaminating the soil and groundwater surrounding the landfill. 
Current scientific evidence indicates that lead, cadmium, mercury and hexavalent 
chromium can present serious health risks. Lead is a carcinogen that can harm the kidneys, 
cardiovascular, gastrointestinal and reproductive systems. In children, lead can affect 
intelligence, short term memory, reading abilities, and motor skills. Cadmium can lead to kidney 
disease, lung damage, fragile bones, and stomach irritations. Cadmium is also known to cause 
cancer and reproductive harm. Mercury poisoning can damage the central nervous system, 
kidneys and liver, as well as contribute to birth defects. Hexavalent chromium, a human 
carcinogen, can cause kidney and liver damage; nasal, skin and stomach irritations; and 
convulsions. Exposure to high levels of both cadmium and hexavalent chromium can even lead 
to death. While exposure to these metals may be a health risk, these metals are often found in 
inks, labels, dyes, pigments, adhesives, stabilizers, and other packaging additives. 
This bill seeks to reduce the toxicity in packaging without discouraging the use of 
recycled materials in packaging production to further protect human health and the environment. 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PREVENTING THE MANUFACTURE OR IMPORTATION OF 
PRODUCTS WITH TOXIC AND HAZARDOUS PACKAGING 
Be it enacted by the Senate and the Honse of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Toxic Packaging Prevention 
Act of 2008.” 
SECTION 2. Definition of terms. -As used in this Act, the tern 
(A) “Package” refers to any container used for marketing, protecting, or handling a 
product. This also includes unsealed containers, such as carrying cases, crates, cups, 
pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs; 
(B) “Packaging component” is any assembled part of a package, not necessarily limited 
to any interior or exterior additives. The package component is one produced either 
domestically or internationally; 
(C) “Packaging” includes packages and packaging components; 
(D) “Intentional introduction” is the deliberate use of the metals as ingredients in the 
manufacturing or distributing process; 
(E) “Incidental presence” is when one or more of the regulated metals is an unintended or 
undesired ingredient of the packaging. 
SECTION 3. Prohibited Metals. - The following metals are prohibited from being used 
in any kind of packaging unless their combined presence is incidental to the manufacturing or 
distribution and is not more than 100 parts per million (ppm) by weight: 
(A) Lead; 
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(B) Cadmium; 
(C) Mercury; 
(D) Hexavalent Chromium. 
SECTION 4. Compliance Requirements. -Within six (6) months from the effectivity of 
this Act, manufacturers and suppliers of packaging are required to self-certify in a written 
statement to the Department of Health that their packaging meets the requirements of this Act. 
SECTION 5. Enforcement. - The Department of Health is the lead agency in enforcing 
this Act through inspections, records review and enforcement authority to impose penalties on 
violators of this Act. 
SECTION 6. Penalties. - The Department is empowered to establish and assess penalties 
or fines against a manufacturer or supplier for violations of this Act or regulations adopted under 
this Act. In no circumstance will any penalties or fines exceed Ten Thousand (PlO,OOO.OO) for 
each day the manufacturer or supplier remains in violation in the case of the incidental presence 
of the prohibited metals. The intentional introduction of any of the prohibited metals under this 
Act to the packaging of any product shall suffer the penalty of arrest0 mayor in its maximum 
period and a fine of Fifty Thousand Pesos (P50,OOO.OO). 
SECTION 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. 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rnle or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers oi-general circulation. 
Approved, 
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