FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~1l 
S. No. 
. ;;25 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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 2000-2002, 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. 
Here 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 9f 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. 
From 2004-2007 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 (CaI/OSHA), which through enforcement 
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actions and an intervention program, called for the flavoring manufacturing industry III 
California to reduce exposure to diacetyl. 
In a report issued in April 2007, NIOSH reported that flavor manufacturers and flavoured 
food producers are widely distributed in the United Stales and that bronchiolitis obliterans had 
been identified among microwave popcorn and flavoring-manufacturing workers in a number of 
States. A health standard is urgently needed to protect workers exposed to diacctyl from 
bronchiolitis obliterans and other debilitating conditions. 
2 


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, 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~~2r: 
S. No. 
\J 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
TO DIRECT THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF LABOR 
3 
AND EMPLOYMENT TO ISSUE A STANDARD REGULATING WORKER EXPOSURE 
4 
TO DIACETYL 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
5 
SECTION L Short Title. - This Act shall be known as the "Popcorn Workers Lung 
6 
Disease Prevention Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to protect workers 
8 
exposed to diacetyl from bronchiolitis obliterans and other debilitating conditions. 
9 
SECTION 3. 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 90 days after the date of 
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enactment of this Act, the Secretary of Labor and the Secretary of the Department of Health shall 
13 
promulgate an interim final standard regulating worker exposure to diacetyL The interim final 
14 
standard shall apply--
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(a) to all locations in the flavoring manufacturing industry that manufacture, use, handle, 
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or process diacetyl; and 
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(b) to all microwave popcorn production and packaging establishments that use diacetyl-
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containing flavors in the manufacture of microwave popcorn. 
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1 
(2) Requirements - The interim final standard required under subsection (A) shall include 
2 
the following: 
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(a) Requirements for engineering, work practice controls, and respiratory protection to 
4 
minimize exposure to diacetyl. Such engineering and work practice controls include closed 
5 
processes, isolation, local exhaust ventilation, proper pouring techniques, and safe cleaning 
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procedures. 
7 
(b) Requirements for a written exposure control plan that will indicate specific measures 
8 
the employer will take to minimize employee exposure; and requirements for evaluation of the 
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exposure control plan to determine the effectiveness of control measures at least on a biaunual 
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basis and whe~ever medical surveillance indicates abnormal pulmonary function in employees 
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exposed to diacetyl, or whenever necessary to reflect new or modified processes. 
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(c) Requirements for airborne exposure assessments to determine levels of exposure and 
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ensure adequacy of controls. 
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(d) Requirements for medical surveillance for workers and referral for prompt medical 
15 
evaluation. 
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(e) Requirements for protective equipment and clothing for workers exposed to diacetyl. 
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(f) Requirements to provide written safety and health information and training to 
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employees, including hazard communication information, labeling, and training. 
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(3) The interim final standard shall take effect upon issuance. The interim final standard 
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shall have the legal effect of an occupational safety and health standard, and shall apply until a 
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final standard becomes effective. 
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(B) Final Standard- Not later than 2 years after the date of enactment of this Act, the 
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Secretary of Labor and the Secretary of the Department of Health shall promulgate a final 
24 
standard regulating worker exposure to diacetyl. The final standard shall contain, at a minimum, 
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the 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 
27 
minimum to all facilities where diacetyl is processed or used. 
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SECTION 4. Study and Recommended Exposure Limits on Other Flavorings.-
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1 
(A) Study- The Department of Health shall conduct a study on food flavorings used in the 
2 
production of microwave popcorn. The study shall prioritize the chemicals that are most closely 
3 
chemically associated with diacetyl to determine possible exposure hazards. 
4 
(B) Recommended Exposure Limits- Upon completion of the study conducted pursuant 
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to subsection (A), the Department of Health shall establish recommended exposure limits for 
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flavorings determined by such study to pose exposure hazards to workers involved in the 
7 
production of microwave popcorn. 
8 
SECTION 5. Separability Clause. - If any provision or part thereof, is held invalid or 
9 
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 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
13 
with the provisions ofthis Act is hereby repealed, modified or amended accordingly. 
14 
SECTION 7. 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, 
3