Republic of the Philippi
HOUSE OF REPRESENTATIVES,
Quezon City

First Regular Session
FIFTEENTH CONGRESS

House Bill No. 25 1 5

Introduced by Representative Jonathan Cabilao Vambao

In 2006. the Department of Health has commissioned a study on ill effects of aerial
spraying of the pesticides on a community near a banana plantation practicing fungicide
aerial spraying, Specifically, as the subject of the study, the Philippine Society of Clinical
and Occupational Toxicology and the National Poison and Management and Control
Center have chosen the community in Sitio Camocaan, a community situated adjacent 10
Lapanday banana plantation in barangay Aplaya, Hagonoy, Davao del Sur.

The subject community is believed to be indirectly exposed to aerially sprayed
pesticides due to so-called “drift exposure”.

Alarmingly, the study showed that 52% of respondents experienced eye pain, eye
tearing, headache, eye redness, eye itchiness, dizziness, and skin itchiness. It also revealed
that the respondents have developmental delays, skin disorders like chloracne and
cutaneous lupus erythematosus, and thyroid gland disorders.

The Philippine Society of Clinical and Occupational Toxicology and the National
Poison and Management and Control Center resolved to call on the government agencies
to review the guidelines for protecting communities from pesticide contamination from
large plantations,

Corollary theretois an explicit assumption that the present
Memorandum Circular No. 02 issued by the Fertilizer and Pesticides Authority of the
Department of Agriculture, otherwise known as the Good Aerial Practices for Aerial
Spraying of Fungicides in Banana Plantations is not effective.

‘This proposed measure entitled Aerial Spray Regulation Act of 2010 seeks to
address the gaps, limitations and challenges in the present regulation of the State on
pesticide aerial spraying. It provides for general but clearer and more stringent standards
and guidelines that will ensure that adverse explicit and perceived effects on health and
environment of said practice are effectively contained -- all with the end in view of
adhering to a time-honored principle of sustainable development.

Aa
.N CABILAO YAMBAO-
istrict, Zamboanga Sibugay



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
FIFTEENTH CONGRESS:

House BillNo.___ 2515

Introduced by Representative Jonathan Cabilao Vambao

AN ACT
REGULATING ARRIAL SPRAY IN FARMLANDS AND FRUIT PLANTATIONS,
AND PROVIDING PENALTIES FOR VIOLATION THEREOF

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

CHAPTER 1

GENERAL PROVISIONS

SECTION 1. Title ~ This Act shall be known as the “Aerial Spray Regulation Act of
2010.”

Section 2. Declaration of Policy.- While it recognizes the indispensable need to
strengthen and accelerate economic and social growth and development in the country, the
State is obliged to maintain its policy to protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature and to
promote the right to health of the people and instill health consciousness among them.

Accordingly, the State shall strictly regulate the agricultural aerial spraying of
pesticides in order to uphold the principle of sustainable development and maintain a rational
and balance of human health, environmental protection and socio-economic growth.

CHAPTER 2.- DEFINITION OF TERMS

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

4) “Aerial spray” refers to application of crops with fertilizers, pesticides, and

fungicides, and other similar chemicals or substances from an agricultural aircraft.


b) “Agricultural aircrafi” refers to an aircraft that has been built or converted for
aerial spraying: and

©) “Pesticide” as defined under P.D. no, 1144 refers to any substance or product, or
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, bacteri

le, nematodice, herbicide,
mollusvicide, avicide, rodenticide, plant regulator, defoliant, desiccant and the like.

CHAPTER 3. - INSTITUTIONAL ARRANGEMENT.

Section 4. Lead Agency. ~ The Fentilizer and Pest

ide Authority of the Department of
Agriculture or, for purposes of this Act, “the Authority”, shall be the lead agency responsible
for the implementation and enforcement of this Act.

It shall likewise make the evaluation and monitoring report made pursuant to Sections
6 and 7 available to the public,

Section 5. Role of the Department of Health. - ‘The Department of Health (DOH), in
coordination with the Authority and the Environmental Management Bureau of the
Department of Environment and Natural Resources (EMB-DENR), shall regularly monitor
the health of persons residing adjacent to, and workers, laborers or employees of agricultural
farms or plantations using the aerial spray.

Section 6. (Role of the Department of Environment and Natural Resources. - ‘The
Environmental Management Bureau of the Department of Environment and Natural

Resources (EMB-DENR),

coordination with the Authority, shall regularly evaluate and
monitor the air and water qualities as well as the general ambient environmental condition of
agricultural farms or plantations using the aerial spray.

Section 7. Role of Local Government Units. All local government units shall, pursuant

to the pertinent provisions of the Local Government Code of 1991 and its implementing rules

and regulations. actively assist in implementing and enforcing this Act within their territorial

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Jurisdictions. Provided, however, the Office of the Provincial Governor or City Mayor shall
be also responsible for ensuring compliance with this Act, including the apprehension and
prosecution of violators thereof.

‘To strengthen the enforcement of this Act, the Provincial Governor or the City Mayor
shall form multi-sectoral monitoring team which shall be composed of representatives from
farmers or laborers, non-government organizations each advocating environmental protection
and human health, civil society and academe. The municipal or the city mayor, health officer,
agriculturist and chief of police shall be members of the monitoring team, automatically.

CHAPTER 4, - REGULATION OF AGRICULTURAL AIRCRAFTS AND PILOTS

Section 8. Certification of Agricultural Aircraft and Licensing of Agricultural Pilots.
~ The Air Transportation Office (ATO), shall annually issue certificates to agricultural
aircraft, upon proper survey and flight test of said aircraft, to ensure that its engineering
design, equipment or devices, airworthiness, efficiency and operation comply with the
internationally-accepted standards.

‘The ATO shall likewise annually issue specit

al licenses to pilots of agricultural aircraft
warranting that said pilots possess appropriate trainings, skills and professionalism in ethical
and safe standards operation of the aircraft,

For this purpose, within six (6) months following the effectivity of the Act, the ATO,
in coordination with the Authority, shall establish agricultural aireraft and pilot standards and
promulgate certification and licensing rules and regulations. Within the same period, the
ATO, in coordination with the Authority, shall also develop programs for agricultural pilot
designed to equip them on technical, safety, farm plantation or crop care products, human
health and environmental concerns,

Section 9. Agricultural Aircraft Inventory. - To help the enforcing agency in
monitoring and ensuring compliance with this Act, all persons, natural or juridical, practicing

aerial spraying or have been engaged in the business of providing acrial spraying services

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before the enactment of this Act, shall be required to submit to the office of the Provincial

Governor of the province or City Mayor of the city where they operate, an inventory of the

icultural aircrafts they are using in their jurisdiction.

The inventory shall indicate therein a brief and distinctive description of each aircraft,
the company logo, and location of hangar and other relevant information for the easy
identification of the aircrafts when airborne.

CHAPTER 5, - REGULATION OF AERIAL APPLICATION OF PESTICIDES

Section 10. Standards for Aerial Spraying Operation. ~ Wi

in six (6) months

following the effectivity of the Act, the Authority, in coordination with EMB-DENR, DOH,
and other concerned government agencies, after public consultation with stakeholders, shall
promulgate standards, and rules and regulations based on internationally-accepted practices
which will effectively implement aerial spraying measures, including, but not limited to:

a) Pesticides, chemicals and substances ~ Only pesticides, chemicals, substances or
mixture thereof which are properly labeled and approved by the Authority shall be used for
aerial spraying will be used: Provided, That the pesticide shall be used and handled under
proper procedures set by the Authority;

b) Signage and Relevant Forewarning. - Signages showing the schedules of aerial
spraying in @ given area and other relevant information shall be posted in strategic and
conspicuous places in farms or plantations, provincial, municipal and barangay halls, and
government centers : Provided, That written notification and report of such schedules and
other relevant information are officially submitted to all offices of local government units

having jurisdiction on the subject farm or plantation and residents of adjoining property, at

least three (3) days

to the first date of pesticides application: Provided, further, That
proper warning schemes, such as series of sirens or alarms, are employed within the thirty

(30) minutes prior to the actual aerial spraying:


¢) Buffer Zones and Fences — a minimum of perimeter buffer areas of one hundred
(100) meters from the areas being used by general public or vulnerable groups, including but
not limited to residential areas, schools, parks, roads and railways, and from bodies of water
and surface and groundwater used for drinking water, or fifty (SO) meters from the plant
outside boundary line, whichever is higher, shall be maintained as aerial spray-free zone:
Provided, That the same may be increased to ensure that adequate safeguard area is provided
for the actual drift of the aerial spray: Provided, further, That the provision of the butter
fences. whether natural or otherwise, to further prevent aerial spray drift shall be the
responsibility of the owners of plantation or farm practicing aerial spray;

4) Aerial Application Level ~ agricultural aircraft spraying pesticides shall not fly
‘more than 4.5 meters above the crops being treated;

¢) Farm Topographical, Atmospheric and Environmental Considerations ~ Following

the effectivity of this Act, the Authority shall annually issue a certificate showing that the
plantation or farm is safe and proper for aerial spraying pursuant to the geographic,

topographic, atmospheric and other environmental

indards. promulgated pursuant to this,
Act: Provided, That no farm or plantation shall be allowed to undertake aerial spraying
without the said certificate: Provided, further, ‘That topographical, atmospheric and
environmental standards, including wind and temperature direction or measurement
requirement, and aerial spraying schedule, shall be strictly imposed on farm or plantation:
Provided, finally, That no aerial spraying shall be allowed when wind speed is more than 4
miles per hour and/or barometric temperature is higher than 26° Celsius; and

f) Modern facilities and Best Available Advanced Technologies - The authority
shall ensure that agricultural aircrafis and subject farms or plantations are equipped with the
modern facilities and best available advanced technologies or systems which are

internationally-accepted in advanced aerial spraying of pesticides necessary for safe,


systematic and precise spraying, optimum dispersal and accurate monitoring of dispersal flow
rates,

Provided, That nothing in this Section shall prevent the Authority to adopt, in coordination
with the EMB-DENR and DOH, after proper public consultation with stakeholders, more

stringent standards or measures.

Section 1. Record-keeping and Monitoring. — The Authority shall, afler proper

public consultation with stakeholder

. Fequire any person who is subject to any requirement

of this Act to:

) Install and use equipment or device and adopt a system approved by the Authority
which will monitor and record the actual methods, procedures used, pesticides solutions or
mixtures applied, application intervals employed, drift incident and its extent, photograph
and other relevant information during and/or after an actual aerial spraying; and

b)_maintain record book approved by the Authority which book contains entries, data

and documentation gathered in accordance to the immediately preceding paragrapl
©). submit said report.
The record book or copy thereof shall be made available to the public, unless the same
contains information entitled to protection under Intellectual Property Act.
Section 12. Visitorial Right.- The Authority shall have the right to:
a) enter oF access any premises including documents and materials as referred to in

the herein preceding section;

b) Inspect any pesticide, solution or waste source, control device, monitoring
‘equipment or method required; and
©) Test any pesticides, substances, solution or mixture.

CHAPTER 6. - PROHIBITED ACTS, FINES AND PENALTIES

Section 13. Penalty. — (a) Any person found violating the standards set for agricultural

aircraft, a

‘cultural pilot and owner of farm or plantation under Sections 8, 9, 10, 11 and 12

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of this Act, including the standards and rules and regulations promulgated therefor, shall
sutfer a penalty of imprisonment of not less than one (1) year but not more than five (5) years
and/or a fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more than
Ten (10) Million Pesos;

(b) Any person who use or allows the use of an agricultural aircraft for aerial spraying

without the certificates required under Sect

n 8 of this Act shall suffer a penalty of
imprisonment of not less than six (6) months but not more than two (2) years and/or a fine of
not less than Two Hundred Thousand Pesos (P200,000.00) but not more than One (1) Million
Pesos;

(c) Any person who fly or allows to fly an agricultural aircraft without the license
required under Section 8 of this Act shall suffer the same penalty of imprisonment and/or fine
set under the immediately preceding paragraph; and

(d) Any person found violating the standards set for agricultural aircraft, agricultural
pilot and owner of farm or plantation under any other Sections of this Act, including the
standards and rules and regulations promulgated therefor, shall suffer a penalty of
imprisonment of not less than three (3) months but not more than one (1) year and/or a fine of
not less than One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred
Thousand Pesos (P500,000.00).

Provided, That if the offender is a corporation, partnership or association, whether domestic
or foreign, the chairman of the board of directors, president, general manager and the officer
or employee directly responsible shall be imposed with the penalty of imprisonment and the

juridical entity he is representing shall be jointly liable to the fine imposed herein. Provided,

further, T

ithe offender is a foreigner, he shall, in addition to the other penalties imposed
herein, be deported after service of sentence without need of any further proceedings.
Section 14. Implementing Rules and Regulations. ~ The Authority shall, in

coordination with the EMB-DENR, DOH, upon public consultation with stakeholders,
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promulgate the implementing rules and regulations within six (6) months following the

effectivity of this Act.

Section 15. Joint Congressional Oversight Commitee. - There is hereby created a

Joint Congressional Oversight Committee to monitor the implementation of this Act and to

review the implement

ig rules and regulations promulgated by the Authority. The Committee
shall be composed of five (5) Senators and five (5) Representatives to be appointed by the
Senate President and the Speaker of the House of Representatives, respectively. The
Oversight Committee shall be co-chaired by the Chairpersons of the Committee on
Environment of the Senate and the Committee on Ecology of the House of Representatives,

Section 16. Suppletory Application. - All previous or exii

ing laws, decrees, executive
orders, rules and regulations, and other issuances not inconsistent with this Act shall have

suppletory effect

Section 13. Repealing Clause. — All previous or existing laws, decrees, executive

orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or
‘amended accordingly.

Section 17. Separability Clause. - If, for any reason, any section or provision of this
Act is declared null and void, no other section, provision, or part thereof shall be affected and
the same shall remain in full force and effect.

Section 18. Effecrivity Clause. - This Act shall take effect immedi

ely after
completion of its publication in the Official Gazzette or in at least two (2) newspapers of

general circulation,

Approved.