Republic of the Philippines
HOUSE CF REPRESENTATIVES
Quezon City

15" Congress
First Regular Session

HOUSE BILL NO. 1860

Introduced by Honorable Antonio F. Lagdameo, Jr.

EXPLANATORY NOTE

Section 15, Article II (Declaration of Principles and State Policies) of the 1987
Constitution states:

“sec. 15. The State shall protect and promote the right to health
of the people and instill health consciousness among them.”

This bill seeks to regulate the sale, manufacture, distribution and use of laser
pointers. The laser pointers are hand-held, pen-like devices that project a beam of
laser light popularly used by lecturers during presentations. However, these pointers
have become accessibly misused by students in classrooms or by children at home with
less awareness on the health risks from use of such device.

The proposed measure provides restrictions on the seller, manufacturers, and
distributors of laser pointers by adopting safety standards and classifications to avoid
possible damage or injury to the ceneral public. With the proliferation of these
dangerous items in the Philippines, this bill therefore, aims to protect adults and
children as the immediate victims of these devices by imposing penalties to
manufacturers and distributors who shall fail to disseminate their products in a safe
manner.

In view of the foregoing, approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15 Congress
First Regular Session

HOUSE BILL no___186 a)

Introduced by Honorable Antonio F, Lagdameo, Jr.

_———

AN ACT
REGULATING THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF LASER
POINTERS, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR
OTHER PURPOSES

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 “Laser Pointer
Regulation Act.”

SEC. 2. Declaration of Policy. — It is hereby deciared the policy of the State
to protect and promote the right to health of the people and instill health consciousness
among them. Towards this end, the State shall endeavor to adopt measures on safety
standards and classification of laser pointers in order to minimize risk of accidental
exposure to radiation capable of causing injury to both the eyes and the skin.

SEC. 3. Types of Laser Pointer Devices Allowed in this Act. — As used in
this Act, the term laser pointer means any portable, battery-operated, hand-held laser
devices used by lecturers during presentations and emits a red colored light at

wavelengths between 630 and 670 nanometers (nm) classified as follows:


i. Qlass 1 laser product means any laser pointer which has an output
power that is below the level at which eye injury can occur;

ii. Class 2 laser product means any laser pointer which emits visible light
and limited to a maximum output power of 1-milliwatt (mW);

ili, Class 3A laser product means any laser pointer which has a maximum
output power of 5 mW;

SEC. 4, Prohibited Types of Laser Pointer Devices. - The sale,
manufacture, distribution and use of the other types of laser pointer devices not
mentioned in the preceding section, such as the following and their equivalent are
hereby prohibited:

a. Class 3B laser product means any laser pointer which has an output power up
to 500 mW sufficient to cause eye injury; and

b. Class 4 laser product means any laser pointer which has an output power
greater than 500 mW and are capable of causing injury to both the eye and skin and
considered a fire hazard if sufficiently high output powers are used.

SEC. 5, Unlawful Sale, Manufacture, Distribution and Use of Laser
Pointers. — It shall be unlawful for any person or entity:

a. To directly point a beam of laser light from a laser pointer at:

i. any person causing permanent eye damage;
ji. occupants of any moving motor vehicle or an aircraft in flight or during
disembarkation; and

iii. any vessel at sea or in ports;


b. To engage in the sale, manufacture, distribution and use of laser pointers
without license and permit issued by the Department of Trade and Industry;

c. To manufacture, sell, distribute and use prohibited hazardous laser devices
such as, but not limited to Class 38 and Class 4 laser products and their equivalent; and

d. To import high powered laser pointer in the Philippines.

SEC. 6. Penalties. - Any person or entity which shall violate any provisions of
this Act shall be punished by the following:

a. Fine of Twenty thousand pesos (P20,000.00) for the first offense;

b. Fine of Fifty thousand pesos (P50,000.00) for the second offense;

c. Imprisonment ranging from six (6) months to one (1) year and a fine of One
hundred thousand pesos (P100,000.00) for the third offense; and

d. In the case of the entity, revocation and cancellation of the license and
permit and a fine of Five hundred thousand pesos (P500,000.00) for the fourth offense.

e. Imprisonment ranging from six (6) years to twelve (12) years and a fine
ranging from Twenty thousand pesos (P20,000.00) but not exceeding One hundred
thousand pesos (P100,000.00) shall be imposed upon any person who shall commit
such violations under any of the following circumstances:

i. Whenever the victim is below twelve (12) years of age;
ji. Whenever it is aimed at persons in authority or their agents; and
ili. Whenever it is used in the commission of a crime, to disable the victim;
Provided, That when the offender is a child, the parents shall be liable for the

damages after their negligence has been established.


SEC. 7. License and Permit Requirements. — Any person or entity who shall
engage in the sale, manufacture or distribution of laser pointers shall be required to
secure the necessary license and permit from the Secretary of Trade and Industry. The
license and permit shall be issued upon compliance with the following requirements:

a. Application must be in writing, signed by the applicant or his duly authorized
representative;

b. Payment of regulatory fees and charges;

c. Submission of Safety Standards and Classification which shall specify
requirements such as product labeling and safety information for dissemination to
consumers; and

d. Submission of proof that laser pointer devices bear labels indicating the name
and address of manufacturers and safety instructions written in Filipino and English.

SEC. 8. Implementing Rules and Regulations. — The Secretary of Trade
and Industry shall, in coordination with the Secretary of Health, issue the necessary
rules and regulations for the effective implementation of this Act.

SEC. 9. Separability Clause. — If for any reason, any part or provision of this
Act is declared invalid or unconstitutional, the remaining parts or provisions not affected
thereby shall remain in full force and effect.

SEC. 10. Repealing Clause. — All laws, decrees, orders, rules and regulations
and other issuances or parts thereof which are inconsistent with the provisions of this

Act are hereby repealed or modified accordingly.


SEC. 11. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,