eV aneune

uw
12
13
14
15
16
WV
18
19
20
a
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
a7
48
ag
50
51

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

FIFTEENTH CONGRESS
First Regular Session

484

House Bill No.

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

EXPLANATORY NOTE

Aerial Spraying of pesticides is a practice by the big banana plantations to kill insects and fungi
considered pests to bananas. The practice of aerial spraying is resorted to by big banana
plantations in order to cut costs in administering the pesticides. The recent campaign of farmers
in Davao entitled "Stop deadly shower, Dili kami peste” shows the negative impacts to the life
and property of the affected communities. Many studies have been conducted and the most
recent one was that of the Department of Health which showed the negative health effects to
the communities hit by the aerial spray. Among the significant findings were the trace of the
pesticides in the blood of the affected population and the slow mental development of children
which can be attributed to the continued exposure to pesticides being sprayed aerially. The mist
from aerial spray cannot be controlled to just hit the bananas. The wind carries it beyond the
banana plantation.

The communities in Davao appealed to the government to ban aerial spraying. The Department
of Health and the Commission on Human Rights issued a position paper recommending the ban
of Aerial Spraying due to the adverse health effects, a violation of the right to life and healthy
environment. Aside from the health of the communities, the crops like Coconuts and Durian of
some small farmers are affected by aerial spray because the fruit trees do not bear fruit
anymore when hit by the pesticides. At present there is no rule or law regulating aerial
spraying. Thus, this proposal is being filed to regulate the practice.

The proposal to ban aerial spraying as a method of administering pesticides and provide heavy
penalties to the pilots and aircraft owners who do aerial spray will save the thousands of lives
and properties of many communities in Davao, Davao del Norte, Compostela Valley among
others. The precautionary principle is the main justification for banning aerial spray because it
endangers public health and general welfare. The right to Life and Health is higher than the
right to property as guaranteed by the Constitution which must be realized by the law.

In view of the foregoing, the immediate passage of the bill is earnestly sought.

4 \G-AO Hon. WALDEN BELLO
présentative, Akbayan Party-list Representative, Akbayan Party-list


52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
nm
72
73
74
75
76
7
78
79
80
a1
82
83
84
85
86
87
88
89
90
ot
92
93
94
95
96
7
98
99
100
101
102
103
104
105
106
107
108
109

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

FIFTEENTH CONGRESS
First Regular Session

House Bill No,__ 484

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

AN ACT PROVIDING FOR THE BAN OF AERIAL SPRAYING OF PESTICIDES AND
OTHER HAZARDOUS SUBSTANCES AND FOR OTHER PURPOSES

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

SECTION 1. TITLE - This law shall be known as “Aerial Spray Ban Act of 2010".

SECTION 2. DECLARATION OF POLICY - It is hereby declared the policy of the

state to uphold the constitutional rights to health and to a balanced and healthful ecology as
stated in the 1987 Constitution; and pursuant thereto and applying the precautionary principle,
eliminate the method of aerial spraying of substances, including pesticides, in all agricultural
activities.

SECTION 3. DEFINITION OF TERMS - The following terms are herein defined for purposes
of this Act:

a. Aerial Spraying - refers to application of substances, including, but not limited to

pesticides, through the use of any form of aircraft which dispenses the said substances in the
air.

b. Agricultural A - refers to the cultivation of the soil, planting of crops, growing of
fruit trees, including but not limited to land preparation, seeding, planting, cultivation,

harvesting, bagging and other activities and practices performed in conjunction with farming
operations.

c. Agricultural Entity - refers to any person, whether natural or juridical, who is
involved in agricultural activities.

d. Pesticide - means any substance or mixture of substances intended for preventing,
destroying or controlling any pest, including vectors of human or animal disease, unwanted
species of plants and animals causing harm during or otherwise interfering with the production,
processing, storage, transport or marketing of food, agricultural commodities, wood, and wood
products or animal feedstuffs, or substances which may be administered to animals for the
Control of insects, arachnids or other pests in or on bodies. The term includes substances
intended for use as a plant growth regulator, defoliants, desiccant or agent for thinning fruit or
preventing the premature fall of fruit, and substances applied to crops either before or after
harvest to protect the commodity from deterioration during storage and transport.

©. Toxicity means a physiological or biological property which determines the capacity of a
chemical to do harm or produce injury to a living organism by other than mechanical means.

2


110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
444
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
187
158
159
160
161
162
163
164
165
166

f. Hazardous substance refers to those substances which present either: (1) short-term
acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or
other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon
repeated exposure, carcinogecity (which in some cases result in acute exposure but with a long
latent period), resistance to detoxification process such as biodegradation, the potential to
pollute underground or surface waters.

g. Persistent Organic Pollutant (POPS) - refers to the organic compounds that persist in
the environment, bioaccumulate through the food web, and pose a risk of causing adverse
effects to human health and the environment. These compounds resist photolytic, chemical and
biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated
Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene,
lindane, toxaphere and chlordane.

SECTION 4. SCOPE AND PRESUMPTION - The provisions of this law shall apply to aerial
spraying in all agricultural activities. It is presumed that any aircraft flying and spraying
substance near or above agricultural plantation is presumed to be conducting aerial spraying
and further presumed that pesticides are inherently harmful to human health and the
environment.

SECTION 5. BAN ON AERIAL SPRAYING - The aerial spraying of pesticides and other
hazardous substances or persistent organic pollutant, including, but not limited to, fungicides
and pesticides shall be prohibited in all agricultural activities within the Philippines six months
(6) from the effectivity of this Act.

SECTION 6. IMPLEMENTING AGENCY - The Environmental Management Bureau (EMB) of
the Department of Environment and Natural Resources (DENR) shall be the primary
government agency responsible for the implementation and enforcement of this Act,

The EMB shall promulgate the implementing rules and regulations for this Act within sixty (60)
days from the effectivity of this Act.

SECTION 7. PENAL PROVISION -“Any natural or juridical person who violates any provision
of this Act, shall be penalized as follows:

a. First offense: Fine of 50,000 and imprisonment of not less than (1) month but not more
than three (3) months;

b. Second offense: Fine of 100,000 and imprisonment of not less than three (3) months
but not more than six (6) months;

¢. Third offense: Fine of 150,000 and imprisonment of not less than (6) months but not
more than one year.

Provided that, the above penalty shall be imposed on the person who commissioned the aerial
spraying.

If the person who commissioned the aerial spraying is a corporation, partnership or association,
the members, officers and directors or trustees who have actually participated in, authorized or
ratified the prohibited act shall be criminally liable.

Provided finally, the pilot and aircraft owner or operator shall be penalized as follows:

a. First offense: Fine of 10,000 pesos and the suspension of the pilot's license and/or permit of
the aircraft operator/owner;

b. Second offense: Fine of 20,000 pesos and revocation of the pilot’s license and/or the permit
of the aircraft operator/owner;


167
168
169
170
wm
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186

c. Third offense: Fine of 100,000 pesos and imprisonment of not less than (6) months but not
more than one year of the aircraft pilot, operator and owner.

The filing of an action under this act shall be without prejudice to the filing of ci
administrative and criminal cases by the persons or community affected by the aerial spray.

SECTION 8. REPEALING CLAUSE - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended

accordingly.

SECTION 9. SEPARABILITY CLAUSE. - If, for any reason or reasons, any part or provision of
this Statute shall be held to be unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.

SECTION 10. EFFECTIVITY - This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.

Approved,