FOURTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
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SENATE 
S.No. 2259 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides that: 
Section 15. The State shall protect and promote the right to health 
of the people and instill health consciousness among them. 
Mercury is an element which is highly toxic to the human nervous system and 
can cause permanent impairment of speech, hearing, movement and vision even when 
exposure occurs at very low levels. A very common use of mercury has been fever 
thermometers. Mercury fever thermometers are easily broken and the result is exposure 
to mercury. A home fever thermometer contains 1.59 grams of mercury.' 
Some hospitals in the United States such as Beth Israel Medical Center in NYC 
and Strong Memorial have instituted mercury-free policies, replacing various sources of 
mercury with alternatives. There are a number of alternatives to mercury fever 
thermometers, including electronic battery operated and infrared aural thermometers.' 
To prevent instances of unnecessary exposure to mercury caused by broken 
mercury fever thermometers, this bills aims to regulate the sale and purchase of mercury 
thermometers. 
I http://assembly.state.ny.us/leg/?bn=AOl563 
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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPTS 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
TO REGULATE THE SALE OR DISTRIBUTION OF MERCURY THERMOMETERS 
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 “Mercury 
Thermometer Regulation Act of2008.” 
SECTION 2. Declaration of Policy. - It is the declared policy of the state to 
protect and promote the right to health of the people and instill health consciousness 
among them. For this reason, the state aims to regulate the sale of mercury thermometers 
to prevent unnecessary exposure of the people to mercury. 
SECTION 3. Definition of Merculy Thermometer. - For the purposes of this act, 
“mercury thermometer”” shall mean any thermometer used to measure human or animal 
body temperature, which contains mercury or a mercury compound. Such term shall not 
include an electronic thermometer with a battery containing mercury. 
SECTION 4. Prohibition. - No person shall sell, offer to sell or expose for sale 
any mercury thermometer without authority from the Department of Health. Likewise, no 
person shall buy a mercury thermometer without a prescription from a duly licensed 
medical doctor, acting within the lawful scope of his or her practice, and pursuant to the 
rules and regulations of the Secretary of Health; or a veterinarian acting within the lawful 
scope of his or her practice, and pursuant to the rules and regulations ofthe Secretary of 
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Agriculture. 
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SECTION 5. Penalties. - I Any person who violates the provisions of this Act 
shall be subject to a penalty of not less than One Thousand Pesos (Php 1,000.00) nor 
more than Five Thousand Pesos (Php 5,000.00). 
SECTION 6. Separability Clause. - If any provision or part of this Act is held 
invalid, the remainder of this Act shall not be affected thereby. 
SECTION 7. Repealing Clause. - All laws, decrees, executive order or rules and 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 8. 
Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or two (2) newspapers of general circulation. 
Approved. 
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