Republic of the Philippi ae
HOUSE OF REPRESENTATIVES ? RECEIVED
Quezon City are: MAY 22.2017

SEVENTEENTH CONGRESS
First Regular Session

no, D878

HOUSE BILL NO.

INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATIVE
ARIEL B. CASILAO
CARLOS ISAGANI T. ZARATE, A. DE JESUS, ANTONIO L. TINIO,
ARLENE D. BROSAS, FRANCE L. CASTRO, AND SARAH JANE I. ELAGO

EXPLANATORY NOTE

The number of global cases of pesticide poisoning is estimated to be over one
million each year. Tens of thousands of the cases result in death. A significant
portion of these cases can be attributed to the use of Paraquat, which is the
‘substance with the most victims in various countries (ECCHR, 2011).

Paraquat is one of the world’s largest selling weedkiller and is registered and used
in about 100 countries. It has been a subject of controversy for several decades,
especially regarding the safety of farmers and agricultural workers in developing
countries. Both intentional and unintentional poisonings with paraquat, mainly
among agricultural workers, farmers and inhabitants of rural areas, have led to
serious concern among national health authorities, workers’ unions and non-
governmental organisations. Acutely toxic pesticides are used in many countries
under inadequate conditions and cause ill health and deaths, both among
agricultural workers and the general public. The injuries suffered often cause
chronic health problems, and are sometimes fatal (ECCHR, 2011)

Paraquat (1,1’-dimethyl-4,4"-bipyridinium dichloride) is a fast-acting, non-selective
contact herbicide that causes rapid drying of plant leaves. It is used to control
weeds and grasses in more than 100 different crops, including bananas and oil
palms. It is used in the Philippines, particularly in Mindanao, where the work
conditions (hot/humid climate, lack of protective clothing, leaking/clogged
equipment, continuous use, and lack of washing facilities, lack of
training/awareness, and lack of medical facilities) make its use particularly
hazardous.

The product was first sold in 1961 and it is the most toxic herbicide used today,
about 28 times more acutely toxic than the globally most widely used herbicide
glyphosate. From the time when it was first marketed until today, accidental and
suicidal ingestion of paraquat has caused an innumerable loss of lives. Paraquat is
often mistakenly ingested because containers for drinking water and storage or
mixing of paraquat are confused, and paraquat has been found available in stores
in re-packed containers without proper labelling. An oral ingestion of a mouthful of


a 20% paraquat solution is likely to cause death, and depending on the
constitution of a person 10 ml are enough to be fatal. Fatal poisoning at the
workplace occurs mostly when paraquat absorption through skin is increased after
prolonged contact with undiluted or diluted paraquat solution. Spray mist
deposited in the nose may be swallowed and spray in the air can be ingested when
workers breathe through the mouth. The level of exposure to paraquat that workers
may experience when handling paraquat is high enough to lead to absorption of an
amount that can result in acute poisoning. The symptoms of poisonings are often
delayed. Damage to the lungs, for example, may not be evident until several days
after absorption. Since there is no antidote against paraquat poisoning, the
outcome can be fatal and in these cases death mostly results from respiratory
failure (ECCHR, 2011).

The use of paraquat raises safety concerns on both human health and environment
on a global scale. Paraquat is a neurotoxic herbicide and has been linked to
increased incidence of Parkinson's disease. It is a potential endocrine disruptor,
teratogen, genotoxin and carcinogen. Paraquat causes multiple organ failure as it
damages the lungs, heart, kidneys, adrenal glands, central nervous system, liver,
muscles, spleen, skin and eyes.

The Permanent People’s Tribunal on Agrochemical Transnational Corporations
(PAN International, 2016) in its 2011 assembly reported that sprayers have died
after sucking clogged spray nozzles or after applying pesticides with a leaky
knapsack sprayer, or from splashes of concentrate on their bodies. Sprayers often
suffer skin damage, burns, eye injuries/blindness, nail damage/loss, nose bleeds
and respiratory problems. Changes in wind direction result in sprayers’ exposure
through inhalation and contact with skin and eye. The Tribunal also found that
agricultural equipment are either left unwashed or are washed in streams and
rivers due to inadequate washing facilities, contaminating the water source. Some
sprayers also bring home their equipment endangering household members.

‘There are incidents of paraquat poisoning that has been recorded in the
Philippines. Dr. Norma Pacalso of the Benguet Provincial Health Office said there
is an increase in monitored cases of poisoning in the province. She said from 39
cases in 2011, it rose to 48 in 2012. In 2013, twenty one (21) cases have already
been recorded.

In 2010, the Department of Health conducted a study on the paraquat exposure
among farmers in Agusan del Sur and its summary findings were disturbing as
follows:
* Integumentary changes (chronic irritant dermatitis) that could be compatible
with chronic paraquat exposure were seen in 21.4 %; nail changes were seen
in 69.6%
30.3% had abnormal spirometry findings
Urine paraquat was detected in 90% of workers, although less than
detectable limit in 43%
+ Although majority of workers use PPE, the item used may not provide
enough protection against paraquat

Paraquat is marketed by Syngenta, with an approximate market share of 75%,
under the brand name Gramoxone in formulations ranging from 24%-36% active
ingredients. Other companies produce it under the trade names Crisquat, Dexuron,
Totacol, Cyclone, Gramixel, Pathclear, and many others. The World Health


Organization (WHO) classifies it as moderately hazardous (Class Il) but the
Pesticide Action Network (PAN) considers it as highly hazardous (Class 1) due to its
acute toxicity, delayed effects and lack of antidote. The US Environment Protection
Agency classifies paraquat as highly toxic by inhalation.

Its use is unauthorized in Norway since 1981 and in Syngenta’s home-base
Switzerland starting December 1989. Six European Union countries banned
paraquat - Sweden (1983), Finland (1986), Hungary (1991), Austria (1993),
Denmark (1995) and Slovenia (1997) - long before the European Court ’s decision
to put an effective ban on paraquat in its 27 member countries in July 2007. The
European Court of First Instance has ruled that paraquat must be prohibited
within the European Union, exactly because the dangers of paraquat were
considered too high. The Court relied in its decision on the “precautionary
principle”. Under the precautionary principle, even indications of a risk serve as a
basis for the prohibition of a business practice. The Court ruled that there is
serious doubt as to whether paraquat has no effects on health and life even if all
recommended safety measures are applied within the European context.

Paraquat is also banned in Kuwait (1985), Cambodia (2003), Ivory Coast (2004),
Syria (2005), United Arab Emirates (2005), Sri Lanka (2010) and most recently in
Vietnam (2017). Malaysia banned paraquat in 2002 but this was reversed in
2006 to allow its restricted use in oil palm plantations. South Korea cancelled the
re-registration of paraquat in November 2011 and banned its sale starting 31
October 2012. In April 2012, China decided to halt all production and use of liquid
paraquat by 2016. On February 8, 2017, the Vietnamese government officially
announced an immediate ban on Syngenta’s paraquat upon having weighed in on
the different scientific evidences that showed clear harms of the pesticides both on
humans and environment. Doctors from Bach Mai Hospital in Ha Néi, Vietnam
have reported at least one patient everyday hospitalised due to herbicide poisoning,
popularly known as paraquat poisoning. The fatality rate after ingesting just Sml of
the chemical is 90 per cent, doctors said. Every year, about 1,000 people die of
paraquat poisoning across the country.

In the USA Gramoxone must include the warning “fatal in inhaled”. But this
warning is not included on the product sold in India, which states only “fatal if
swallowed”. This was uncovered in research for the Monitoring Report submitted by
the European Center for Constitutional and Human Rights (ECCHR) in October
2015 to the Panel of Experts on Pesticides Management at the UN Food and
Agriculture Organization (FAO).

Many international organizations such as Forest Stewardship Council (September
2005), Rainforest Alliance (June 2009), Fairtrade (May 2014), and the food giant
DOLE (October 2007) have voluntarily banned it from their production systems.
The ban is due to paraquat's high acute toxicity, irreversible toxic effects
(especially on lungs), risk of accidents during handling and use, numerous
accidents where the mortality rate was unacceptably high, its persistence in soil
and its potential for biomagnification.

However, Syngenta continues to sell and distribute paraquat to other countries,
such as South Korea, where paraquat has been used for the past three decades,
with an estimated 2,000 toxic ingestions annually and associated 60-70%
mortality. Ingestion of paraquat is still common across the world, from the United
States to China and from Costa Rica to Malaysia. Chinese authorities have recently


discussed concerns over 5,000 of its citizens dying from paraquat each
year.Burkina Faso has recently proposed to add ‘Gramoxone Super’ to Annex III of
the Rotterdam Convention, because of numerous occupational poisonings caused
by this common paraquat formulation. (ECCHR, 2011)

Paraquat is a restricted pesticide in the Philippines. Yet, through a strong political
will, Benguet officials banned gramoxone in the Cordilleras in July 2009. Benguet
officials also called for a nationwide ban on gramoxone in October 2013 following
the discovery that it is illegally traded from adjacent provinces which consequently
increased poisoning incidence in the Cordilleras.

An International Fact Finding Mission conducted in Mindanao oil palm plantations
(Bukidnon and Agusan del Sur) in June 8-12, 2016 by Kilusang Magbubukid ng
Pilipinas (KMP), RESIST-TNCs and Pesticide Action Network Asia Pacific (PANAP),
and a community monitoring of pesticides use in South Cotabato and Davao del
Sur banana plantations in 2015 and 2016 revealed a number of disturbing facts:

1, The five most commonly reported pesticides are paraquat, deltamethrin,
glyphosate, chlorathalonil and malathion. The most hazardous of these is
paraquat.

2. Pesticide handlers have inadequate training or none at all. Most are unaware
of the hazards of pesticides that very few of them were conscious not to
spray against wind direction. One sprayer-respondent even clears the
applicator nozzle with his mouth.

3. There are plantations where the washing facilities are off-limits to workers.
Thus, workers usually go home unwashed or do their washing at the
rivers/streams.

4. There are no accessible comfort rooms that there are women workers who
urinate on newly sprayed ground. One woman respondent divulged that she
is already experiencing pain while urinating and have sores in her private
parts.

5. Provision for masks, gloves, coveralls/aprons and boots is limited. Workers
had to resort to the use of bra cups as masks since their employers do not
provide them replacements once their masks are worn out. Only one pair of
boots is provided, and is not sturdy enough to last a year. There are workers
with sores on their legs and who have discoloured nails because they cannot
afford to buy boots. Goggles are rarely provided. Most of the workers
complained of eye pain/itchiness and tearing. Workers usually wear long
sleeves and long pants to work. One female worker realized that her back
sprayer was leaking only when she felt a searing pain. The paraquat
wounded and left a mark on her buttocks.

6. Children as young as 12 years old are employed by the plantations. A
woman belonging to the indigenous people that were displaced by the oil
palm plantation in Agusan del Sur shared that she and her husband started
working in the plantation when they were 12 years old.

7. There is at least one sick member and three types of illnesses per household.
‘There are indications of endocrine disruption as can be deduced from the
delayed menarche by most female respondents. There are reports of still


births and deaths within the first year of birth which signify pesticide effects
on the foetus.

8. Residential houses were found inside and within the 10 m radius of the
banana and palm oil plantations. Respondents from Davao were all exposed
to pesticide drift, and there were cases when they were aerially sprayed while
eating or on their way to the river to do laundry. Residents also enter newly
sprayed areas without adequate protection.

9. There are a sizable number of children at the vulnerable ages of 6 years old
and below within the vicinity of the plantations. One respondent recounted
that her three-year old child lost consciousness while playing and ended up
mentally handicapped. She attributed the cause of the illness to pesticide
drift as the incident occurred during an aerial spray.

The UN's International Code of Conduct on Pesticide Management discourages the
use of pesticides whose handling and application require the use of personal
protective equipment (PPE) that is uncomfortable, expensive or not readily available
especially in the case of small-scale users and farm workers in hot climates.
Paraquat entails the use of PPE and thus, should not be marketed nor sold in the
Philippines where hot climate prevails and where companies are not conscientious
in providing adequate PPE.

Paraquat sale and use in the Philippines must be stopped. A nationwide ban on
paraquat must be declared immediately to protect life and health, especially our
women and children, and the yet to be born, from its hazardous effects.

Everyone's right to life is provided for in Art. 3 of the Universal Declaration of
Human Rights (UDHR) of 1949 and in Art. 6(1) of the 1966 International Covenant
on Cultural, Civic and Political Rights (ICCPR). Art. 25 of the UDHR declares
everyone's right to a standard of living adequate for their health and well-being.
Art. 23(1) of the UDHR contains the right to “just and favourable conditions of
work”, Art. 7(b) and 12(1) of the 1966 International Covenant on economic, social
and cultural rights (ICESCR) provide the right to safe and healthy working
conditions.

Furthermore, the International Labour Organisation (ILO), has provided for several
conventions that specify the right to just and favourable conditions at work in the
context of usage of chemicals. The ILO’s Occupational Safety and Health
Convention C155 of 1981 requires member states to implement “a coherent
national policy on occupational safety, occupational health and the working
environment” in order to “prevent accidents and injury to health arising out of,
linked with or occurring in the course of work, by minimising, so far as is
reasonably practicable, the causes of hazards inherent in the working environment”
(Art. 4(1) and (2)). Fifty seven (57) states have ratified this convention as by October
2011. The ILO’s Chemicals Convention C170 of 1990 requires member states to
implement “a coherent policy on safety in the use of chemicals at work” (Art. 4), “to
prohibit or restrict the use of certain hazardous chemicals” (Art. 5), and to ensure
labelling, ‘in a way easily understandable to the workers, so as to provide essential
information regarding their classification, the hazards they present and the safety
precautions to be observed” (Art. 7(2)). This convention has been ratified by 17
states as by October 2011.


The ILO's Safety and Health in Agriculture Convention C184 of 2001 requires
member states to establish “specific criteria for the importation, classification,
packaging and labelling of chemicals used in agriculture and for their banning or
restriction” (Art. 12(a)). Furthermore, it requires that member states “ensure that
there are preventive and protective measures for the use of chemicals and handling
of chemical waste at the level of the undertaking”, including the preparation,
handling, application, storage and transportation’ of chemicals, agricultural
activities leading to the dispersion of chemicals, the maintenance, repair and
cleaning of equipment and containers for chemicals, and the disposal of empty
containers and the treatment and disposal of chemical waste and obsolete
chemicals (Art. 19(1) and (2)). This convention has been ratified by 13 states as by
October 2011.

With the numerous unaccounted deaths and disabilities due to paraquat, the
severity of its effects on the flora and fauna of the areas where it is in use, its
banning in 36 countries, and the inappropriateness of PPE in the Philippine
climate,

We are submitting this bill in the 17% Congress to push for a nationwide ban on
Paraquat.

The authors strongly urge this House to pass it promptly.

REP. wht CASILAO

ANAKPAWIS Party-list
REP. ~ ZARATE REP. EMMI A/DE JESUS
BAYAN MUNA Party-list GABRIELA Women’s Party

. teat
5 NIO L. TINIO D. BROSAS
ACT Teachers Party-list GABRIELA Women’s Party
REP. iCE/I. CASTRO REP. SARAH JANE I. ELAGO

ACT Teachefs Party-list KABATAAN Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5678

HOUSE BILL NO.

INTRODUCED BY ANAKPAWIS PARTY-LIST REPRESENTATIVE
ARIEL B. CASILAO
CARLOS ISAGANI T. ZARATE, EMMI A. DE JESUS, ANTONIO L. TINIO,
ARLENE D. BROSAS, FRANCE L. CASTRO, AND SARAH JANE I. ELAGO

AN ACT
PROHIBITING THE DISTRIBUTION, SALE AND USE OF PARAQUAT IN THE
PHILIPPINES

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

Section 1. Title. This Act shall be known as the ‘Paraquat Use Prohibition Act of
2017’.

Section 2. Declaration of State Principles and Policies. Pursuant to Section 15,
Article II of the Philippine Constitution, which declares that the State shall protect
and promote the right to health of the people and instill health consciousness
among them, as well as Section 16, Article I of the Philippine Constitution, which
further declares that the State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature,
it is hereby the declared policy of the State:

1. To ensure the protection and promotion of these Constitutionally
guaranteed rights to health and balanced ecology of the people, including
generations yet to be born;

2. To protect the people from the hazards of the environmentally degrading

and health threatening agricultural practice of using glyphosate to
control weeds; and

3. To adopt the precautionary principle in assessing projects which are
environmentally critical.

Section 3. Definition of terms. For purposes of this Act, the following terms shall be
understood as follows:

a) _ Back spraying refers to the application of substances, including but not
limited to pesticides and any other hazardous substances.


b) —_ Agricultural activity, in relation to this Act, refers to the cultivation of the
soil, sowing of seeds, planting of crops, growing of fruit trees, and shall include, among
others, the following activities: land preparation, seeding, planting, cultivation,
harvesting, bagging, and other activities and practices performed in conjunction with
farming operations.

¢) Agricultural entity refers to any person, whether natural or juridical, who
is involved in agricultural activities.

d) Banned pesticide or herbicide is a pesticide or an herbicide for which all
registered uses have been prohibited by a government action or for which all requests
for registration or equivalent action for all uses have, for health or environmental
reasons, not been granted.

€) Global Positioning System survey refers to a survey plan to be made with
the aid of Global Positioning System showing the metes and bounds of each
agricultural farm/plantation that shall be submitted to the Office of the Mayor of the
municipality/city which has jurisdiction over concerned _ agricultural
farms/plantations.

) Hazardous substances refer to substances which present either:
1. Short-term acute hazards, such as acute toxicity by

indigestion, inhalation or skin absorption, or other skin or eye contact
hazards, or the risk of fire or explosior

2. Long-term hazards, including chronic toxicity upon repeated
exposure, carcinogenicity, resistant to detoxification process, such as
biodegradation, the potential to pollute underground or surface waters,
or aesthetically objectionable properties such as offensive odors; or those
substances which the Fertilizer and Pesticides Authority (FPA) under the

Department of Agriculture and other government agencies will identify as
hazardous.

8) Herbicide refers to any substance or product, or a mixture thereof,
including active ingredients, adjuvants and formulations, intended to control, prevent,
destroy, repel, or mitigate, directly or indirectly, any unwanted plant/weed.

h) Imminent hazard refers to a situation which exists when the use of a
pesticide or herbicide will likely result in unreasonable adverse effects on the public
and/or the environment or will involve unreasonable hazards to the survival of species
declared endangered by the appropriate authorities.

i) _ Paraquat refers to herbicides with 1,1’-dimethyl-4,4”-bipyridinium dichloride
(chemical formula C:2H:4N2) as active ingredient.

J) Pest refers to any form of plant or animal life, or any pathogenic agent
injurious or potentially injurious to plants or plant products.

k) _ Pesticide refers to any substance or product, or a mixture thereof, including
active ingredients, adjuvants and pesticide formulations, intended to control, prevent,
destroy repel or mitigate, directly or indirectly, any pest. The term shall be understood
to include insecticide, fungicide, bactericide, nematocide, herbicide, agaricide,
molluscicide, avicide, rodenticide, plant regulator, defoliant, dessicant, and the like.


1) _ Restricted pesticide or herbicide is a pesticide for which virtually all
registered uses have been prohibited by final government regulatory action, but for
which certain specific registered use or uses remain authorized. It may not be allowed
for distribution, sale and use in certain crops and/or areas of the country; and may be
used only by and under the supervision of certified applicators, or under such
conditions as the FPA executive director may require.

m) Toxicity refers to a physiological or biological property determinative of the
capacity of a chemical to do harm or produce injury to a living organism through non-
mechanical means.

n) Unauthorized pesticide or herbicide is a pesticide or herbicide for which
registration has been denied by the government.

©) Weed refers to any form of plant injurious or potentially injurious or
perceived to be injurious to agricultural crops.

Section 4. Ban on the distribution, sale, and use of Paraquat in agriculture and
other activities. The distribution, sale, and use of glyphosate for agriculture and
other pest management activities are hereby declared as contrary to law. Its
distribution, sale, and use in the Philippines are hereby declared illegal and
punishable under this Act.

Section 5. Scope and presumption. The provision of this Act shall apply to the
distribution, sale, and use of Paraquat in all agricultural and pest management
activities; Provided, that the detection of glyphosate residues in the agricultural
crops, food, and environment is a prima facie evidence of the commission of the act:

Section 6. Liability. Any person, natural or juridical, who distributes, sells, buys,
or applies Paraquat shall be held liable and penalized under section 10 hereof.
Provided, that if the violator is a corporation, partnership or any other juridical
entity, the penal provisions hereof shall be applied to the members of the Board
and the officers of the corporation, the managing partner in the case of
partnership, or the equivalent head in the case of any other juridical entity or any
other person acting on their behalf who have acquiesced or consented to the
distribution, sale, use and application of glyphosate. In the case of a corporation,
the indictment shall include the manager of the department directly responsible for
the commission of the act

Section 7. Implementing agencies. The Fertilizer and Pesticide Authority (FPA) shall
be primarily responsible for the implementation and enforcement of this Act.

Section 8. There shall be created a municipal or city inspection and monitoring
committee, to monitor compliance with this Act, to be composed of representatives
of _farmers’/farmworkers’ organizations, environment protection advocates, civil
society, church people, and youth organizations. The municipal/city agriculturist,
municipal/city health officer, community environmental officer, and the
municipal/city chief of police shall be automatic members of the inspection and
monitoring committee.

The municipality/city-based inspection and monitoring committees shall be co-
headed by the municipal or city health officer and the municipal or city
agriculturist. It shall have inspectorial and investigative powers, with the power to


issue subpoena duces and ad testificandum, in cases where complaint for possible
violation of this Act has been reported or filed to the committee.

Any persons who shall delay, prohibit, bar, cause the delay or prohibition of the
inspection and investigation of the committee shall be subject the corresponding
penalty herein-below provided.

Any person or entity who shall fail to obey the subpoena of the committee may be
held liable for contempt and punished accordingly in accordance with the
provisions of the Rules of Court on Contempt.

The committee, after conducting inspection or investigation, shall submit its report
to the FPA which shall thereafter cause the prosecution of any violator of this Act.

Section 9. Documentation/Inventory. All distributors, suppliers, and sellers of
pesticides and herbicides shall be required to submit a list of the products they
distribute, supply, or sell to the city or municipality monitoring committee where
they are based. The failure to do so shall merit suspension or cancellation of
business permit and their operation.

Any person or entity using any pesticide or herbicide shall be required to submit to
the monitoring committee a report which shall include, but not limited to the
following:

a. The area covered by these agricultural farms/plantations where the pesticide
or herbicide shall be used or applied.

b. Main crop produced by these agricultural farms/plantations

c. Pesticides used or intended to be use in the farm or plantation.

Section 10. Penal provisions. The penalty of prision mayor shall be imposed upon
any person or entity found to have violated section 4 of this Act.

‘The aerial spraying and similar operations with the use of glyphosate shall be
considered an aggravating circumstance and any person or entity found guilty
thereof shall be punished with a penalty next higher in degree.

The penalty of prision correcional shall be imposed upon any person or entity
found to have violated the provision of the third paragraph, of section 8 hereof.

In addition, the following fines shall be imposed:

1. For violation of Section 4, a fine of not less than fifty thousand Philippine
pesos (P50,000,00) but not more than one hundred thousand Philippine pesos
(P100,000.00) per day shall be imposed upon the owner of the plantation who
actually instructed the use of glyphosate;

2. For failure to submit report under Section 9, second paragraph of this Act, a
fine of not less than fifty thousand Philippine pesos (P50,000.00) shall be
imposed;

3. The filing of a criminal action under this Act shall be without prejudice to
the filing of civil and administrative cases against the violators hereof by the
persons or communities affected by the use of Paraquat.

Section 11. Implementing Rules and Regulations. Within sixty (60) days after the
effectivity of this Act, the Department of Agriculture, through the Fertilizer and


Pesticide Authority, in coordination with the DILG, DENREMB, and DOH, shall
formulate and issue Implementing Rules and Regulations of this Act.

Section 12. Separability clause. If any part or provision of this Act is declared void
or unconstitutional, the remaining provisions thereof shall remain in full force and
effect.

Section 13. Repealing clause. All other laws, decrees, rules and regulations,
orders, and issuances inconsistent with the provisions of this Act are hereby
repealed or modified accordingly

Section 14. Effectivity clause. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in any newspaper of general
circulation.

Approved.