FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
1 
9 MAR 17 P4 35 
S. NO. 3134 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
EXPLANATORY NOTE 
It is a policy of the state, under Article II of the 1987 Philippine Constitution, to 
”protect and promote the right to health of the people” and to “protect and advance the 
right of the people to a balanced and healthful ecology”. In view thereof, the State, 
through P.D. 1144, “Creating the Fertilizer and Pesticide Authority And Abolishing the 
Fertilizer Industry Authority”, has already recognized that improper usage of pesticides 
poses a health risk to the general public as well as its containing substances which may 
be potential environmental contaminants. 
However, in spite of the regulation provided by the Fertilizer and Pesticide 
Authority, in terms of regulating the sale and use of pesticides, there is as yet no 
sufficient regulation as to the agricultural practice of crop dusting or aerial spraying, 
whereby fungicide, pesticides or other substances harmful to health and the 
environment is sprayed on crops with the use of aircraft. Although pilots are required to 
observe buffer zones of 20 or 30 meters distance from plantations in order to avoid 
affecting human, animal and plant life with the harmful spray, it seems that such rule is 
still insufficient to protect the residents and farmers whose lives and livelihoods have 
been affected by this practice. 
Reports of the harmful effects of crop-dusting or aerial spraying of pesticides 
have surfaced in the past year, including specific effects on the health of residents who 
live in close proximity to agricultural areas that practice this method of pest control. 
According to news reports, “anyone caught outdoors during an aerial spray is likely to 
experience skin itching, eye irritation and nausea.” Furthermore, water exposed to 
fungicide may end up in the water supply, affecting not only water used for utility, but 
drinking water as well. 
Agricultural activities in affected areas also show the ill effects of aerial spraying. 
Cattle grazing on grass hit by pesticide spray have shown signs of disease, and 
vegetables and other plants exposed to the spray are rendered inedible. As a result, self 
sufficient farms have had to purchase what they could have consumed from their own 
backyards. 
These effects on the general public who reside in affected areas are 
compounded by the possible environmental repercussions to the continuation of this 
hazardous agricultural practice. 


Thus, in line with state policy, and in answer to issues affecting the health and 
livelihood of the general public in affected areas, as well as the possible environmental 
impact of the said agricultural practice, it is necessary to pass a bill which bans crop 
dusting or aerial spraying. 
In view of the foregoing, the passage of this measure is earnestly sought. 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
S. No. 3534 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
AN ACT 
PROVIDING FOR THE BAN OF AERIAL SPRAYING OF HAZARDOUS 
SUBSTANCES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. T/TLE - This law shall be known as "Aerial Spray Ban Act of 2009". 
SECTION 2. DECLARATION OFPOLICY - 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 Art. II Sections 15 and 16 of the 1987 Constitution; and pursuant 
thereto, eliminate the method of aerial spraying of hazardous 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 hazardous 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 Activity - 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 by a farmer in conjunction with farming operations; 
c. Agricultural Entity - refers to any person, whether natural or juridical, who is 
involved in agricultural activities; 
d. "Pesticide" - refers to any substance or product, or mixture thereof, including 
active ingredients, adjuvants and pesticide formulations, intended to control, 
prevent, destroy, repel or mitigate directly of indirectly, any pest. The term shall 
be understood to include insecticide, fungicide, bactericide, nematocide, 


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herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant, desiccant 
and the like, as defined in Section 3(a) of Presidential Decree 1144; 
e. “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, as defined in Section 5(j) of Republic Act 8749 or 
the Philippine Clean Air Act; 
f. “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, as defined in Section 5(s) Republic Act 8749 
or the Philippine Clean Air Act. 
SECTION 4. SCOPE AND APPLlCABlLlJY - The provisions of this law shall 
apply to all agricultural activities. 
SECTION 5. BAN ON AERlAL SPRAYlNG - The aerial spraying of hazardous 
substances and persistent organic pollutant as defined under Republic Act No. 8749 or 
the Philippine Clean Air Act, 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. LEAD 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 PROVlSlON - Violation of any provision of this Act shall 
be penalized as follows: 
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a. 
First Offense: Fine of P50,OOO.OO and imprisonment of not less than one 
(1) month but not more than three (3) months; 
Second Offense: Fine of P100,OOO.OO 
and imprisonment of not less than 
three (3) months but not more than six (6) months; 
Third Offense: Fine of P150,OOO.OO and imprisonment of not less than six 
(6) months but not more than one (1) year. 
b. 
c. 
If the offense is committed by an association, the members, officers, directors 
or trustees of the association who have actually participated in, authorized, or ratified 
the prohibited act shall be held criminally liable. 
SECTION 8. REPEALlNG CLAUSE - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative rule or iegulation contrary to or 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 9. SEPARABlLlTY 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. EFFECTlVITY - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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