FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3285

EXPLANATORY NOTE

Mercury is a persistent, bio-accumulative 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 to 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.

RUFUS B. Rt .GUEZ

MAXIMO: IGUEZ, JR.



FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

3285

House Bill No.

AN ACT

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.”

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
tegarding 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;
(B) 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 exposure 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 conceming 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:

(B) 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 shall --

(A) develop and distribute regional and national advisories
concerning the presence of methyl-mercury in seafood;

(B) 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;

(0) 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
products 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-

()) standards and good practice requirements relating to
methyl-mercury in seafood; and

(ii) the promotion of public awareness, understanding, and
acceptance of such standards and requirements;

(B)_ 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.

5. 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.