SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. 1490 ... 
'1] 
SEP -3 03 :41 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Mercury is a persistent, bioaccumulative heavy metal that poses a 
significant risk to human health, wildlife, and the environment. 
Unfortunately, mercury discharges into the atmosphere and surface 
oceans have increased two-to-five fold since the beginning of the industrialized 
period due to human activities.· Substantial evidence is accumulating that 
exposure to methyl-mercury is widespread in the general public and occurring at 
higher than health-based levels of concern according to the World Health 
Organization, Fish and seafood caught or sold in the Philippines are 
contaminated with methyl-mercury a toxic element that may cause neurological 
damage and other health related' problems as a result of fish or seafood 
consumption. 
Evidence is continuing to emerge linking increased risk of coronary heart 
disease to mercury exposure, as presented in at least 2 peer reviewed stUdies. 
Sadly, health advisory information on mercury-contaminated fish, which is 
necessary to protect public health, is not widely known by the government. This 
lack of awareness potentially threatens tens of millions of Filipinos who may 
unknowingly ingest harmful amounts of mercury because they are not aware of 
exposure risks from consumption of freshwater fish and seafood. 
The proposed measure is filed to address this problem by providing the 
public with adequate notice and education on the effects of exposure to mercury, 
through the development of health advisories and by requiring that such 
appropriate advisories be posted, or made readily available, at all businesses 
that sell fresh, frozen, and canned fish and seafood where the potential for 
mercury exposure exists. 
Hence, immediate passage of this bill is earnestly sought 
OY EJERCITO ESTRADA 
Senator 


" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 14 9 0 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
;Srnntr 
I~if"t of tI/",:i<m.1orv 
'13 
SEP -3 P3 :41 
PROVIDING THE PUBLIC WITH ADEQUATE NOTICE AND EDUCATION ON 
THE 
EFFECTS 
OF 
EXPOSURE 
TO 
MERCURY 
THROUGH 
THE 
DEVELOPMENT OF HEALTH ADVISORIES AND BY REQUIRING THAT 
SUCH APPROPRIATE ADVISORIES BE POSTED, OR MADE READILY 
AVAILABLE, AT ALL BUSINESSES THAT SELL FRESH, FROZEN, AND 
CANNED FISH AND SEAFOOD WHERE THE POTENTIAL FOR MERCURY 
EXPOSURE EXISTS 
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 
Health Advisory Act. II 
SEC. 2. Purposes - The purposes of this Act are to--
1. 
ensure that the ,public is adequately informed about the ,potential 
adverse effects of mercury exposure through the consumption of fish 
products; 
2. 
require the Secretary of Health to work cooperatively with other 
government agencies, as well as nonprofit organizations, to create 
appropriate advisories for the distribution to the public of explanations 
of the potential adverse effects of mercury exposure from fish 
consumption; 
3. 
require the Bureau of Food and Drug Administration to resume its 
seafood methyl mercury monitoring program to better document 
mercury levels in various fish species sold in commerce; 
4. 
require the Secretary of Health, in cooperation with private and public 
organizations, to design and implement a National Public Education 
Program regarding the presence of methyl-mercury in seafood and 
fish consumption advisories for methyl-mercury; and, 
5. 
require the Secretary of Environment and Natural Resources to 
annually prepare a report on the impacts of mercury on human health 
and the environment. 


\ 
SEC. 3. Advisory Notices· 
1. Consumer Mercury Advisory Notice-
(1) In general- The Department of Environment and Natural Resources, in 
coordination with the Department of Health, shall jointly develop fish consumption 
advisories for methyl-mercury in fish. Such advisories shall be based on 
appropriate Reference Dose for --
(A) the general population; 
(8) sensitive populations; and 
(C) populations consuming above average amounts of fish. 
(2) Consumer's Notice-
The Secretary of Health shall prepare a 
consumer's mercury advisory notice. Such notice shall be distributed widely by 
the Secretary, at no cost, to health professionals, particularly medical offices that 
provide gynecological, obstetrical, or pediatric care, and to the extent practicable 
shall be made available and posted in the patient or client areas of all maternal 
and child health and nutrition program offices, and shall be made available to 
health care providers, government agencies, and the general public upon 
request. 
(3) Criteria- The advisories developed under this subsection shall-
(A) explain, in an easily understandable manner, the dangers of 
mercury exppsure through the consumption of mercury 
contaminated' fish to women of childbearing age, women who 
expect to become pregnant, women who are pregnant or 
breast feeding their children, and young children and their 
parents; 
(8) describe, in an easily understandable manner, in detail the 
most current mercury health advisories prepared by the 
National Government concerning fish consumption, contain 
the toll free number established under paragraph (4), and 
contain such other information as the Secretary determines 
appropriate; and, 
(C) be printed in large type in English and Filipino or any dialect 
determined by the Secretary to be culturally and linguistically 
appropriate. 
2. Mercury Warning Consumer's Guide-
(1) In general. The Secretary of Health shall prepare a consumer's guide 
to mercury and health advisory for the consumption of recreationally-caught fish. 
Such guide shall be distributed, at no cost, to-
(A) appropriate . fisheries, 
wildlife, 
and 
environmental 
law 
enforcement agencies; 
(8) all applicants for a fishing license at the time the license is 
issued; and, 
(C) to public upon request. 


(2) Criteria- The guide developed under paragraph (1) shall-
(A) be printed in large type in English and Filipino or any dialect 
determined by the Secretary to be culturally and linguistically appropriate; 
3. Consumption Advisory-
(1) In general- The Secretary of Health, in conSUltation with the Secretary 
of Agriculture and other appropriate government entities to--
(A) develop and distribute regional and national advisories 
concerning the presence of methyl-mercury in seafood; 
(8) develop standardized formats for written and broadcast 
advisories regarding methyl-mercury in seafood; 
(C) develop and periodically upgrade information related to 
mercury fish tissue test results and fish consumption 
advisories for methyl-mercury; 
(D) coordinate local advisories in the formation of the National 
Public Education Program under subsection (4)(1); and, 
(E) coordinate with that sector of the retail food industry that is 
engaged in the sale of any fresh, packaged, or frozen fish or 
seafood 
prqduG.ts 
intended 
for 
human 
consumption, 
concerning the posting of such advisories in their place of 
business where fish are sold to inform women of childbearing 
age, pregnant, and nursing women and the parents of young 
children on the potential dangers of mercury that is present in 
certain fish or seafood. 
(2) Criteria- The advisories and notices developed under paragraph (1) 
shall include information both on limiting the consumption of certain high level 
fish and seafood to the general population and, for sensitive populations such as 
women of childbearing age and children, stress the importance of limiting 
consumption of frequently consumed fish that may exceed the Reference Dose. 
4. Public Education and Advisory System-
(1) Public education- The Secretary of Health, in consultation with public 
and nonprofit private entities (including cooperative extension" services and 
appropriate government entities), shall design and implement a national public 
education program regarding the presence of methyl-mercury in seafood. 
(2) Features- The program developed under paragraph (1) shall provide-
(A) information to the public regarding-
(i) standards and good practice requirements relating to 
methylmercury in seafood; and 
(ii) the promotion of public awareness, understanding, and 
acceptance of such standards and requirements; 


f. 
(8) information to health professionals so that health professionals 
may improve the diagnosis and treatment of mercury-related illness 
and advise individuals whose health conditions place those 
individuals at particular risk; and 
(C) such other. information or advice to consumers. and other 
individuals as the Secretary determines will promote the purposes 
of this section. 
S. Sampling and Monitoring 
(1) In general- The Secretary of Health shall ensure the seafood methyl-
mercury monitoring sampling program of the Bureau of Food and Drug 
Administration to assist in documenting mercury levels in various fish species. 
(2) Monitoring- The sampling program described in paragraph (1) shall be 
conducted so as to provide statistically valid monitoring data with respect to 
mercury levels in fish and seafood (including market-basket studies) including 
documenting the extent to which fish with mercury levels in excess of the action 
level are sold in commerce. Such information, along with information gathered by 
the Department of Environment and Natural Resources, shall be compiled into an 
annual report by the Secretary to track changes in dietary exposure to mercury 
from fish and seafood. 
. 
(3) Avoidance of duplication of effort- To the extent practicable, the 
sampling program described in paragraph (1) shall be consistent with, and shall 
be coordinated with, other seafood sampling programs that are in use, so as to 
avoid duplication of effort. 
SEC. 4. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC. 5. Separability Clause. - If any provision or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the proVisions not 
otherwise affected shall remain valid and subsisting. 
SEC. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,