Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRESS

First Regular Session

CeIranuaena

HOUSE BILLNO. __2944
10.

u
12 Introduced by Honorable Anthony M. Bravo and Honorable
13 Cresente C. Paez

EXPLANATORY NOTE
The Constitution, Article 11, Section 15 provides:
The State shall protect and promote the right to health of the people

and instill health consciousness among them

Consumer goods packaging makes up a significant portion of waste going to the solid
waste landfills of our country. Packaging containing toxic substances, especially heavy
metals, lead, cadmium, mercury and hexavalent chromium, can release those poisonous or
dangerous substances, contaminating the soil and groundwater surrounding the landfill

Current scientific evidence indicates that lead, cadmium, mercury and hexavalent
chromium can present serious health risks, Lead is a carcinogen that can harm the kidneys,
cardiovascular, gastrointestinal and reproductive systems. In children, lead can affect
intelligence, short term memory, reading abilities, and motor skills. Cadmium can lead to
kidney disease, lung damage, fragile bones, and stomach irritations, Cadmium is also known
to cause cancer and reproductive harm. Mercury poisoning can damage the central nervous
system, kidneys and liver, as well as contribute to birth defects. Hexavalent chromium, a
human carcinogen, can cause kidney and liver damage; nasal, skin and stomach irritations,
and convulsions, Exposure to high levels of both cadmium. and hexavalent chromium can

even lead to death, While exposure to these metals may be a health risk, these metals are


often found in inks, labels, dyes, pigments, adhesives, stabilizers, and other packaging
additives.

This bill seeks to reduce the toxicity in packaging without discouraging the use of
recycled materials in packaging production to further protect human health and the
environment

=: PS

HON. ANTHONY M. BRAVO HON. es ENTE C. PAEZ



1 Republic of the Philippines

2

3 House of Representatives

4 Quezon City

5

6 SIXTEENTH CONGRESS

7 First Regular Session

8

9 HOUSE BILLNo,__2944

10.

u

12 Introduced by Honorable Anthony M. Bravo and Honorable
13 Cresente C. Paez

14

15 AN ACT

16 PREVENTING THE MANUFACTURE OR IMPORTATION OF

17 PRODUCTS WITH TOXIC AND HAZARDOUS PACKAGING

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

18 SECTION 1, Short Title. - This Act shall be known as the “Toxic Packaging Prevention
19Act.”
20 SECTION 2. Definition of terms, -As used in this Act, the term -
21 (A) “Package” refers to any container used for marketing, protecting, or handling a
22 product. This also includes unsealed containers, such as carrying cases, crates, cups,
23 pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs
24 (B) “Packaging component” is any assembled part of a package, not necessarily limited
25 to any interior or exterior additives. The package component is one produced either
26 domestically or internationally;
27 (©) “Packaging” includes packages and packaging components,
28 (D) “Intentional introduction” is the deliberate use of the metals as ingredients in the
29 manufacturing or distributing process;
30 (E) “Incidental presence” is when one or more of the regulated metals is an unintended
31 or undesired ingredient of the packaging,


1 SECTION 3. Prohibited Metals. - The following metals are prohibited from being used in
2any kind of packaging unless their combined presence is incidental to the manufacturing or

3distribution and is not more than 100 parts per million (ppm) by weight:

4 (A) Lead;
5 (B) Cadmium;

6 (C) Mercury;

" (D) Hexavalent Chromium

8 SECTION 4. Compliance Requirements, -Within six (6) months from the effectivity of

Sthis Act, manufacturers and suppliers of packaging are required to self-certify in a written

10statement to the Department of Health that their packaging meets the requirements of this Act

‘ement. ~ The Department of Health is the lead agency in enforcing

u SECTION 5. Enfor
12this Act through inspections, records review and enforcement authority to impose penalties on

13violators of this Act.

14 SECTION 6. Penalties, - The Department is empowered to establish and assess penalties
15or fines against a manufacturer or supplier for violations of this Act or regulations adopted under
16this Act. In no circumstance will any penalties or fines exceed Ten Thousand (P10,000.00) for
each day the manufacturer or supplier remains in violation in the case of the incidental presence
18of the prohibited metals. The intentional introduction of any of the prohibited metals under this
19Act to the packaging of any product shall suffer the penalty of arresfo mayor in its maximum

20period and a fine of Fifty Thousand Pesos (P50,000.00).

21 SECTION 7. Separability Clause. - If any provision, or part hereof is held invalid or

22unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

23valid and subsisting

24 SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive
2Sorder, letter of instruction, administrative order, mle or regulation contrary to or inconsistent

26with, the provisions of this Act is hereby repealed, modified, or amended accordingly


1 SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

2publication in at least two (2) newspapers of general circulation.

Approved,