Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No._'7718

Introduced by HON. MANUEL F. ZUBIRI

EXPLANATORY NOTE

Given its archipelagic nature, the Philippines is surrounded by approximately 2.2 million
square kilometers of territorial waters. Its tropical climate and geographical peculiarities give
it a biodiversity only a handful of countries can match. It is home to thousands of coral
reefs, sea grass beds, and mangrove forests which allow marine and fluvial species to
thrive!

Though the Philippines is the “center of the center’ of marine biodiversity, pollution and the
destruction of marine habitats - among other causes — are taking their toll on the country’s
ability to produce food. Currently, less than 1% of Philippine coral reefs are in excellent
condition’. There is a clear imperative on our part to protect our marine resources, both for
our health, food security, and the sustainability of our marine resources.

Recently, the British Parliamentary passed legislature to the effect of absolutely banning the
use of plastic microbeads in rinse-off cosmetics and personal care products. Since these
microbeads are too small to be filtered by water waste segregation systems, millions of
these microbeads make it to our oceans and are mistaken for food by marine life, altering
their diet’. Because of their pernicious effects to marine ecosystems, even the United
States, New Zealand, and Australia have banned their use altogether’,

Apart from altering marine animals’ diets (changing their preference from organic food to
plastic), microbeads have the propensity to eventually sink to seabeds, ending up as

! World Bank, “Philippine Coastal and Marine Resources: An Introduction",
htip://siteresources,worldbank.org/INTPHILIPPINES/Resources/PEMO5-chl pdf, Accessed on
January 17, 2018

2 Rappler, "Marine scientist calls for stronger action to protect Philippine seas”,
hitps://www.sappler.com/move-ph/193567-marine-scientist-action-protect-philippine-seas,
Accessed on January 17, 2018

3 Imogen Calderwood, “The Long Awaited Ban on Plastic Microbeads in the UK is Finally
Here”, https://www.globalcitizen,ora/en/content/microbeads-ban-

uk/2utm source=twitter&utm_medium=social&utm_content=global&utm campaign=gener
al-content&linkid=46907380, Accessed on January 17, 2018

“Anna Hirtenstein, “British Ban on Microbeads to Protect Oceans Come Into Force",
https://www,bloomberg.com/news/articles/2018-01-09/u-k-ban-on-microbeads-takes-
effect-o-save-oceans-from-plastics¢cmpid=socialflow-twitter-
business&utm_content=business&utm_campaign=socialflow-

organic&utm source=twitter&utm _medium=social, Accessed on January 17, 2018



marine pollution®. Due to their interaction with marine life and the water, they may adsorb or
desorb various chemical pollutants from the surrounding environmental medium. Whether
they become eaten by animals or settle as sediments in our seabed, microbeads provide no
benefit to our marine ecosystems enough to justify their existence in our grocery and store

shelves.

In view of the abovementioned, the passage of this bill is earnestly sought

MANUEL F. ZUBIRI

5 Environment and Climate Change Canada, Microbeads ~ A Science Summary,
http://www.ec.ac.ca/ese-ees/adda4c5t-1397-48d5-ad17-
63f989ebd0e5/microbeads science%20summary en.pdf, Accessed January 17, 2018



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS:
Second Regular Session

House BiLLNo.__7718

Introduced by HON. MANUEL F. ZUBIRI

AN ACT PROHIBITING THE MANUFACTURE, USE, SALE, AND IMPORTATION OF
COSMETIC AND PERSONAL CARE PRODUCTS CONTAINING PLASTIC
MICROBEADS

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

SECTION 1. Declaration of Policy — It is the State's policy to protect and advance
the right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.

SECTION. 2. Definition of Terms — For the purposes of this Act:

(a) “Microbeads” are defined as as synthetic polymer particles that, at the time of
their manufacture, are greater than 0.1 um and less than or equal to 5 mm in
size. This includes different forms of particles including solid, hollow,
amorphous, solubilized, etc.;

(b) "FDA" refers to the Food and Drug Administration;

(c) “DENR’ refers to the Department of Environment and Natural Resources

SECTION 3. Prohibited Acts Under the Ban. — The manufacture, use, sale, and
import of cosmetic and personal care products containing plastic microbeads are hereby
prohibited.

SECTION 4. Exemption. — Exempt from the prohibition as provided for in Section 3
of this Act are those for use in scientific, research, and technological purposes. Persons,
whether natural or juridical, who wish to avail of the exemption shall secure a certificate of
exemption from the Food and Drug Authority.

SECTION 5. Penalty Clause. — At the onset of the prohibition, any person who

violates this Act or part thereof shall be imposed a fine as follows:

(A) If the violator is a manufacturer or importer. — A fine of not less than One
Hundred Thousand Pesos (P100,000) but not more than Five Hundred
Thousand Pesos (P500,000), or imprisonment of one year to two years or both,
upon conviction by a competent court;

(B) If the violator is a seller. - A fine of not less than Fifty Thousand Pesos
(P50,000) but not more than One Hundred Thousand Pesos (P100,000), or
imprisonment of six months to one year or both, upon conviction by a competent
court

(C) If the violator is a consumer or user of the product. ~ A fine of not less than Ten
‘Thousand Pesos (P10,000) but not more than Fifty Thousand Pesos (P50,000),
or imprisonment of one month to six months or both, upon conviction by a
competent court.

If the violator is a juridical person, the president or the chief executive officer of
the entity shall be held responsible for the violation.

SECTION 6. Implementing Rules and Regulations - The DENR, in consultation with
the FDA, within ninety (90) days from the effectivity of this Act, shall promulgate the rules
and regulations necessary for the effective implementation of the provisions of this Act.


SECTION 6. Implementing Rules and Regulations - The DENR, in consultation with
the FDA, within ninety (90) days from the effectivity of this Act, shall promulgate the rules
and regulations necessary for the effective implementation of the provisions of this Act.

SECTION 7. Repealing Clause. - All laws, parts of laws, decrees, presidential
issuances, proclamations, orders, ordinances, and administrative regulations in conflict with
the provisions of this Act are hereby amended, modified or repealed accordingly

SECTION 8. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,