PRESS

SIXTEENTH CONGRESS OF THE) os Sey
REPUBLIC OF THE PHILIPPINES) Y or St

= > RECEIVED
First Regular Se:

irst Regular Session ) > ox NOV 201
HOUSE OF REPRESENTATIVES
HB. No. 3297

INTRODUCED BY HONORABLE MARK A. VILLAR

EXPLANATORY NOTE

The Constitution, Article 16, Section 9 provides:

The State shall protect consumers from trade malpractices and from
substandard or hazardous products.

Consumption of bottled water in the country has increased in recent years, as

a result of consumers and households perceiving that it is of superior quality to that
of tap water.

Unfortunately, bottled water sold in the country is left unregulated. This,
certainly is a cause of concem, as there exists a possibility that the bottled water
sold in the market is not superior quality as claimed.

The purpose of this bill is to establish quality standards for mineral and
carbonated water.

Hence, the passage of the bill is earnestly sought.

fj)

MARK A. VILLAR


SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES)
First Regular Session )

HOUSE OF REPRESENTATIVES

HOUSE BILL NO.38397

Introduced by HONORABLE MARK A. VILLAR

AN ACT ESTABLISHING QUALITY STANDARDS FOR
MINERAL WATER AND CARBONATED WATER

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled.

SECTION 1. Short title- This Act shall be known as the "Safe Bottled Water
Act."

SECTION 2. Definitions- For purposes of this Act:

(1) The term ‘Director means the Director-General of the Food and Drugs
Administration.

(2) The term ‘Secretary means the Secretary of the Department of Health

SECTION 3. National primary drinking water regulations for bottled
Water.

(a) (1) When the Director promulgates interim or revised national primary drinking
water regulations concerning maximum contaminant levels, such regulations
shall be applicable to all bottled drinking waters, including mineral, spring,
natural sparkling water and vended water.

(2) Not later that twelve months after the date of enactment of this section, the
Secretary shall establish quality standards and definitions for mineral water
and carbonated water which include —

(A) limits for total dissolved solids, sodium, and trinalomethane content;

(B) the Secretary shall insure that standards for mineral water and carbonated
beverages meet all established health-based drinking water standards.


(b) SOURCE PROTECTION - Not later than twelve months after the date of
enactment of this section, the Director shall —
(1) define ‘approved sources’ of bottled water,
(2) establish criteria to determine the adequacy as well as the protection of
‘approved sources’ of bottled water including but not limited to —

(A)minimum well construction standards.

(B) minimum distance separation from upstream wastewater discharges;

(C) minimum distance separations from abandoned wells, septic tanks, waste
impoundments, and landfills.

(c) MONITORING, REPORTING AND INSPECTION - Not later than twelve
months after the date of enactment of this section, the Director shall —

(1) establish a bottled water monitoring program which at a minimum —

(A)is as stringent as that used for public water supplies and provide for yearly
testing and monitoring for unregulated contaminants for which public water
utilities must test, and

(B)requires that any analyses or testing be performed in an approved and
certified laboratory.

(2) establish a bottled water reporting program that includes —

(A) time tables and procedures for timely reporting;

(B) provide public notification procedures should a bottled water be found to be
in excess of health based standards;

(C) establish a national registry of bottled water facilities and their most current
reporting information, and

(D) require that records of sampling and analysis be maintained at the plant for
not less than two years and shall be available for official review upon request.

@)__ establish a bottled water facility inspection program which includes at a
minimum two scheduled inspections a year and one unscheduled inspection a
year.

(d) RECALL REGULATIONS - Not later than six months after the date of
enactment of this section, the Director shall —

(1) establish procedures and public notification guidelines for recall of a bottled
water product if in excess of any health based standards occurs;

(2) require each bottled water product to develop and submit individual recall
Notification and recall procedures.

(©) PROHIBITION ON DUAL USE OF BOTTLED WATER EQUIPMENT — Not
later than two months after the date of enactment of this section the Director
shall prohibit the processing and bottling of non-carbonated water with
equipment used to process milk, fruit juice or other food products likely to
contribute nutrients for microbiological growth.


() BOTTLING, PACKAGING, AND STORAGE STUDY - The Director shall
conduct a comprehensive study of contaminants and the extent to which they
contribute to the degradation of bottled water from the unique processing and
storage of bottled water. The Director shall pay particular attention to
contamination problems which may arise from the bottling, packaging or
storage of bottled water products.

SECTION 4. Labeling - Note later that six months after the date of enactment
of this section the Secretary shall —

1) establish and enforce clear, concise, and un-coded uniform source labeling
requirements for all bottled water products which at a minimum includes —

(A) the original source of the water;

(B) type of water,

(C) type of treatment, if any;

(D) the date of bottling;

(E) the address of the bottler; and

(F) provide numerical specification of sodium content.

2) define mineral water, spring water, naturally carbonated, naturally sparkling,
well water, natural well water, artesian water, natural artesian water, purified
water, distilled water, drinking water, and require that the definition for the
appropriate product be placed on the bottle.

SECTION 5. Authorization of funding - There are hereby authorized to be
appropriated to the Department of Health and Food and Drugs Administration, such
sums as may be necessary to carry out the purposes of this Act.

SECTION 6. 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 7. Repealing Clause - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to or inconsistent with the provision of this Act is hereby repealed, modified or
amended accordingly.

SECTION 8. Effectivity Clause - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation

Approved,