· SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 395 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
"13 
JUL -3 P2 :::)1 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
BPA or Bisphenol A is a chemical produced in large quantities for use primarily in the 
production of polycarbonate plastics and epoxy resins. Polycarbonate plastics have many 
applications including use in some food and drink packaging, e.g., water and infant bottles, 
compact discs, impact-resistant safety equipment, and medical devices. Epoxy resins are us.ed as 
lacquers to coat metal products such as food cans, bottle tops, and water supply pipes. Some 
dental sealants and composites may also contribute to BP A exposure. 
While air, dust, and water are possible sources of exposure, BP A in food and beverages 
accounts for the majority of daily human exposure. BP A can leach into food from tJe protective 
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internal epoxy resin coatings of canned foods and trom consumer prodncts such as polycarbonate 
tableware, food storage containers, water bottles, and baby bottles. The degree to which BP A 
leaches from polycarbonate bottles into liquid may depend more on the temperature of the liquid 
or bottle, than the age of the container. BP A can also be found in breast milk. 
On the basis of resnlts from recent studies using novel approaches to test for subtle 
effects, both the National Toxicology Program at the National Institutes of Health and FDA have 
some concern about the potential effects of BP A on the brain, behavior, and prostate gland in 
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fetuses, infants, and young children. There is therefore a need to regulate the use of this 
substance in baby food products. l 
~~ 4~.~w-)~ 
MIRIAM DEF 
SOR SANTI/JO 
#' 
I This bill was originally filed during the Fifteenth Congress, Second Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
:!95 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
of:''::, 
~'); ~\H,' "t' 
t0HIH of tip-
;C"l ,., -: >h"U 
"13 
JUL-3 f);:'30 
2 
PROHIBITING THE SALE OF BABY FOOD PRODUCTS WITH BPA AND 
3 
PROVIDING FOR ITS REPLACEMENT WITH THE LEAST TOXIC ALTERNATIVE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION L Short Title. - This Act shall be known as the "BP A in Baby Products 
5 
Prohibition Act." 
6 
SECTION 2. Declaration of Policy. - It is the policy of the State to protect and promote 
7 
the right to health of the people and instil health consciousness among them. 
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. 
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It is also the policy of the State to promote and protect the physical, moral, spiritual, 
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intellectual and social'well-being of the youth recognizing their vital role in nation-building. 
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SECTION 3. Definitions. - As used in this Act, the term: 
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(1) 
"Baby food" means a prepared solid food consisting of a soft paste or an easily 
12 
chewed food that is intended for consumption by children 2 years of age 'or younger and that is 
13 
commercially available. 
14 
(2) 
"BPA" or Bisphenol A means a chemical compound having a chemical formula 
15 
OfClSHl602 and a CAS RN (Chemical Abstract Service Registry Number) of 80-05-7. 
16 
(3) 
"Infant formula" means a milk-based or soy-based powder, concentrated liquid, or 
17 
ready-to-feed substitute for human breast milk that is intended for infant consumption and that is 
18· commercially available. 
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(4) 
"Reusable baby food or beverage container" means a receptacle for storing baby 
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food or beverages, including baby bottles and spill-proof cups. 
3 
SECTION 4. Ban a/the Use a/BPA. - Within thirty (30) days from the approval of this 
4 
Act, no person or entity. shall manufacture, sell, or distribute in commerce any reusable baby 
5 
food or beverage container or any infant formula or baby food stored in a plastic container, can, 
6 
or jar containing BPA. 
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SECTION 5. Use a/the Least Toxic Alternative. - Manufacturers shall use the least toxic 
8 
alternative when replacing BPA in accordance with this Act. Manufacturers shall not replace 
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BPA with substances that are known carcinogens, those that have carcinogenic potentials, likely 
10 
carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of 
II 
being carcinogens, and those with reproductive toxicants that the Department of Health (DOH) 
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has identified as causing birth defects, reproductive harm, or developmental harm. 
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SECTION 6. Separability Clause. - If any provision or part hereof is held invalid or 
14 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
15 
valid and subsisting. 
16 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
17 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
18 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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