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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3440

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

Asbestos is classified by scientists as a Category A Human Carcinogen, the highest cancer
hazard classification for a substance. There is no known safe level of exposure to asbestos. Even low
levels of exposure may cause asbestos-related disease, such as Mesothelioma.

Many people incorrectly believe that there is no risk of exposure to asbestos through the use of
new commercial products. However, Asbestos is still being used in roofing, coatings, and friction
products.

Millions of workers in the Philippines have been, and continue to be exposed to dangerous level
asbestos. Families of workers are also put a risk because of asbestos brought home by the workers on
their shoes, clothes, skin, and hair.

Asbestos has already been banned in 40 countries, including Argentina, Australia, Austria,
Belgium, Chile, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Iceland,
Ireland, Italy, Japan, Latvia, Luxembourg, the Netherlands, Norway, Poland, Portugal, Saudi Arabia,
the Slovak Republic, Spain, Sweden, Switzerland, and the United Kingdom. It was banned throughout
the European Union in 2005.

Banning asbestos from being used in or imported into the country will provide certainty to
manufacturers, builders, environmental firms, workers, and consumers that after a specific date,
asbestos will not be used or added to new construction and manufacturing material used in this country.

)
HON. MARCELINO R. TEODORO


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

3440

HOUSE BILL NO.

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

ANACT
BANNING THE IMPORTATION, MANUFACTURE, PROCESSING, OR DISTRIBUTION
IN COMMMERCE OF ASBESTOS-CONTAINING PRODUCTS

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
Assembled:

SECTION 1. Short Title. - The Act shall be known as the “ Ban Asbestos Act of 2007.”

SECTION 2. Declaration of Policy. - It is the policy of the State to promote the general welafre of the
people.

SECTION 3. Definition of Terms. - For purposes of this Act, the term:

(A) “ Asbestos-containing product” means any product (including any part) to which asbestos is
deliberately or knowingly added or in which asbestos is deliberately or knowingly used in any
concentration;

(B) “Biopersistent Durable Fiber” means a silicate fiber that occurs naturally in the environment; and is
similar to asbestos in resistance to dissolution; leaching; and other physical, chemical, or biological
processes expected from contact with lung cells and other cells and fluids in the human body.

The term “Biopersistent Durable Fiber” includes richterite; winchite; erionite; and non-asbestiform
varieties of amosite, crocidolite, anthophyllite, tremolite, and actinolite.

(© “Contaminant-asbestos product” means any product that contains asbestos as a contaminant of any
mineral or other substance, in any concentration.

(D) “ Distribute in commerce” means an action taken containing product in connection witht the
asbestos-containing product by a person that is an end user; or distribution of an asbestos-containing
product by a [erson solely for the purpose of disposal of the asbestos-containing product in compliance
with the applicable laws;


(E) “Piber” means an acicular single cystal or similarly elongated polycrystalline aggregate particle
with a length to width ratio of 3 to 1 or greater; and

() “Person” means any individual, corporation, company, association, firm, partnership, joint venture,
sole proprietorship, or other for-profit or non-profit business entity (including any manufacturer,
importer, distributor, or processor); or any government department, agency, or instrumentality.

SECTION 4. Research and Reporting. - The Department of Health shall conduct a study and, not later
than eighteen (18) months after the date of enactment of this Act, submit to Congress and government
departments and agencies, as appropriate,

(A) A report containing a description of the current state of the science relating to the disease
mechanism and health effects of exposure to asbestos and other biopersistent durable fibers; and
methods for measuring and analyzing asbestos;

(B) A descripton of the current status of labeling practices relating to asbestos-containing material; and
(Recommendations for future asbestos-related disease research and exposure assessment practice
needs.

SECTION 5. Prohibition on Asbestos-containing Products. - The Secretary of Health shall
promulgate not later one (1) year after the date of enactment of this Act, proposed regulations that
prohibit persons from importing, manufacturing, processing, or distributing in commerce asbestos~
containing products; and provide for implementation of paragraphs B and C of Section 4. Not later than
2 years after the date of enactment of this Act, he or she shall also issue final regulations that, effective
beginning sixty (60) days after the date of promulgation, prohibit persons from importing,
manufacturing, processing, or distributing in commerce asbestos-containing products.

SECTION 6. Exemptions. - Any person may petition the Secretary of Health for, and the Secretary
may grant, an exemption from the requirements of set forth in the preceding Section if the Secretary
determines that the exemption would not result in an unreasonable risk of injury to public health or the
environment; and the person has made good faith efforts to develop, but has been unable to develop, a
substance, or identity a mineral, that does not preset an unreasonable risk of injury to public health or
the environment; and may be subsitute for an asbestos-containing product.

An exemption granted under this Section shall be in effect for such period, not to exceed one (1) year,
and subject to such terms and conditions as the Secretary of Health may prescribe. The Secretary of
Health shall provide an exemption from the requirements of Section 5, without review or limit on
duration, if:

(A) The exemption for an asbestos-containing product is sought by the Secretary of National Defense
and the Secretary of Defense certifies, and provides a copy of that certification to Congress, that the use
of the asbestos containing product is necessary to the critical functions of the Department of National
Defense;

(B) No reasonable alternatives to the asbestos containing product exist for the intended purpose; and
(©)The use of the asbestos containing product will not result in an unreasonable risk to health or the
environment.


Except as provided in the next preceding paragraph, and not later than two (2) years after the date of
enactment of this Act, each person that possesses an asbestas-containing product that is subject to the
prohibition established under this Section shall dispose of the asbestos-containing product, by a means
that is in compliance with applicable National and Local requirements.

Nothing in paragraph this Section applies to an asbestos-containing product that is no longer in the
stream of commerce; or is in the possession of an end user; or requires that an asbestos-containing
procluct be removed or replaced.

SECTION 7. Public Education Program. - Not later than one (1) year after the date of enactment of
this Act, the Secretary of Health, in consultation with the Secretary of Trade and Industry and the
Secretary of Labor, shall establish a plan to:

(A) Increase awareness of the dangers posed by asbestos-containing products and contaminants in
homes and workplaces; and asbestos-related diseases;

(B) Provide current and comprehensive information to asbestos-related disease patients, family
members of patients, and front-line health care providers on the danger of asbestos exposure; asbestos-
related labeling information; health effects of exposure to asbestos; symptoms of asbestos exposure;
and available and developing treatments for asbestos-related diseases, including clinical trials;
(C)Encourage asbestos-related disease patients, family members of patients, and front-line health care
providers to participate in research and treatment endeavors relating to asbestos; and
(D) Encourage health care providers and researchers to provide to asbestos-related disease patients and
family members of patients information relating research, diagnostic, and clinical treatments relating
asbestos.

In establishing the program, the Secretary of Health shall give priority to asbestos-containing products
and contaminant-asbestos products used by the consumers and workers that pose the greatest risk of
injury to human health.

SECTION 8. Research on Asbestos-related Diseases; Asbestos-related Disease Registry. - The
Secretary of Health shall expand , intensify, and coordinate programs for the conduct and support of
research on diseases caused by exposure to asbestos, particulary Mesothelioma, Asbestosis, and pleural
injuries.

Not later than one (1) year after the date of enactment of this Act, the Secretary of Health, shall
establish a mechanism by which to obtain, coordinate, and provide data and specimens from cancer
registries; public and private hospitals; and entities participating in the asbestos-related disease research
and treatment network in Section 9. The data and specimens obtained shall from the basis of
establishing a national clearinghouse for data and specimens relating to asbestos-related diseases, with
a particular emphasis on Mesothelioma.

SECTION 9. Asbestos-related Disease Research and Treatment Network.-

(A) For each fiscal year 2008 through 2012, the Secretary of Health in collaboration with other
applicable government agencies and intrumentalities, shall establish and maintain an asbestos-related
disease research and treatment network (hereinafter, Network) to support the detection, prevention,
treatment, and cure of asbestos-related diseases, with particular emphasis on malignant Mesothelioma.


The Network shall include intramural research initiatives of the Department of Health; and at least ten
(10) extramural asbestos-related disease research and treatment centers, as selected by the Secretary of
Health in accordance with the immediately succeeding paragraph.

(B) Extramural Asbestos-Related Disease Research and Treatment Centers.- For each fiscal year
during which the Network is operated and maintained, the Secretary of Health shall select for inclusion
in the Network not less than (10) nonprofit hospitals, universities, or medical and research institutions
incorporated or organized in the Philippines that, as determined by the Secretary of Health, havr
exemplary experience and qualifications in research and treatment of asbestos-related diseases; access
to an appropriate population of patients with asbestos-related diseases; and are geographically
distributed throughout the Philippines, with special consideration given to areas of high incidence of
asbestos-related diseases.

(© Requirements. - Each center selected under paragarph B above shall be chosen by the Secretaty of
Health after competitive peer review; the conduct of laboratory and clinical research, including clinical
trials, relating to mechanism for effective therapeutic treatment of asbestos-related diseases; early
detection and prevention of asbestos-related diseases; palliation of asbestos-related disease symptoms;
and pain management will respect to asbestos-related diseases; offer to asbestos-related diseases
patients travel and lodging assistance as necessary to accommodate the maximum number of patients
practicable; and to serve a number of patients at the center sufficient to conduct a meaningful clinical
trail; coordinate the research and treatment effort of the center with other entities included in the
Network.

A center selected by the Secretary of Health shall be included in the Network for the one (1) year
period beginning on the date of selection of the center; or such longer period as the Secretary of Health
determines to be apropriate.

Grants, - The Secretary of Health shall provide to each center selected for inclusion in the Network for
the fiscal year a financial grant to support the detection, prevention, treatment, and cure of asbestos-
related disease, with particular emphasis on malignant Mesothelioma.

SECTION 10. Appropriations.- Such sums as may be necessary for the initial implementation of this
Act shall be taken from the current appropriations of the Depratment of Health. Thereafter, the fund
necessary to carry out the provisions of this Act shall be included in the annual General Appropriations
Act.

SECTION 11. Repealing Clause.- Any law, presidential decree or issuance, executive order,
presidential proclamation, rule and regulation or parts thereof inconsistent with the provisions of this
‘Act, are hereby repealed, modified, or amended accordingly.

SECTION 12. Separability Clause. - If any provisions of this Act is declared unconstitutional, the
same shall not affect the validity and effectivity of the other provisions hereof.

SECTION 13. Effectivity. - This Act shall take effect fifiteen (15) days after its publication in at least
two newspapers of general circulation.

Approved,