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Republic of the Philippines | 0
HOUSE OF REPRESENTATIVES D&™S; SOAUN 2016
241 Pm,

‘Quezon City, Metro Manila

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SEVENTEENTH CONGRESS BY:
First Regular Session

House Balt. 768

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SELS AN? (4X SERVICE:

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY NOTE

Climate change is no longer just a mere political issue. It has already evolved
into a moral issue for us. As we have experienced the worsening effects of climate
change over the past years, it has now become our collective moral obligation to
ensure that we take actions to somehow address this issue. Although we may be a
considerably small nation who can only have so much contribution in resolving the
global issue of climate change, this does not excuse us from not doing whatever we
can to help combat this humanitarian concer.

As an agricultural country, one of the worst aspects of our environmental
policy is our failure to adopt better and environment-friendly measures in our various
agricultural activities. An example is our continuous spraying of pesticides and other
harmful substances in agricultural fields which are consequently sprayed into our
atmosphere. Not only does this practice result in irreversible and harmful effects to
our environment, it likewise poses serious consequences to the health and well-being
of the public, This bill, based on House Bill No. 3381 filed by Rep. Ibarra “Barry” M.
Gutierrez, III and Rep. Walden F. Bello last 16" Congress, advances the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature. It is about time that we put into law, a conerete and definite prohibition to the
practice of spraying hazardous substances in the atmosphere.

Aewtn 4. Kallen
EMMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list

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HOUSE OF REPRESENTATIVES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SE

ENTEENTH CONGRESS
First Regular Session

House Bil No. 768

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

AN ACT
PROVIDING FOR THE BAN OF AERIAL SPRAYING OF PESTICIDES AND
OTHER HAZARDOUS SUBSTANCES AND FOR OTHER PURPOSES

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 “Aerial Spray Ban
Act of 2016."

SECTION 2. Declaration of Policy. Pursuant to Section 15, Article II of the
1987 Philippine Constitution which mandates the protection and promotion of the
right to health and makes it the obligation of the State to instill consciousness on
matters relating to the said right, and to Section 16 of the same Article, which
mandates the State to protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature. it is hereby
declared the policy of the State to uphold the Constitutional rights to health and to a
balanced ecology. The State prohibits the method of aerial spraying of pesticides in all

icultural activities.

SECTION 3. Definition of Terms, — As used in this Act:

(@) "Aerial Spraying” shall refer to the application of substances,
including, but not limited to, pesticides, through the use of any form of
airerafi, in order to dispense the substances in through the air

(b) “Agricultural activity” shall refer to cultivation of the soil, planting of
crops, growing of fruit trees, and shall include the following activities:
land preparation, seeding. planting, cultivation, harvesting, bagging.
and other activities and practices performed in conjunction with

farming operations

gricultural entity” refers to any person, whether natural or juridical,
who is involved in agricultural activities

(a) “Hazardous substances" are substances which present either:

1) Short-term acute hazards, such as acute toxicity by
ingestion, inhalation or skin absorption, corrosively or other

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skin or eye contact hazards or the risk of fire or explosion;
or

2) Long-term environmental hazards, including chronic toxicity
upon repeated exposure, carcinogerlicity (which may in some
cases result from acute exposure but with a long latent period),
resistance to detoxification process such as biodegradation, the
potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive odors.

(e) “Imminent hazard” shall mean a situation which exists when the
continued use of a pesticide will likely result in unreasonable adverse
effects on the public and/or the environment or will involve
unreasonable hazards to the survival of a species declared endangered
by the appropriate authorities

(® “Persistent organic polluant” refers to the organic compounds, which
resist photolytic, chemical and biological degradation, that persist in
the environment, bio-accumulate through the food web, and pose a risk
of causing adverse effects to human health and the environment
“Persistent organic pollutants” include, among others, dioxin, furan,
polychlorinated biphenyls (PCBs), and organochlorine pesticides (such
as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, oxaphere and
chlordane).

(g) “Pest” means any form of plant or animal life, or any pathogenic
agent, injurious or potentially injurious to plants or plant products.

(h) “Pesticide” shall refer to any substance or product, or mixture thereof,
including active ingredients, adjuvants and pesticide formulations,
intended to control, prevent, destroy, repel or mitigate, directly or
indirectly, any pest. The term “pesticide” shall be understood to
include insecticide, fungicide, bactericide, nematocide, herbicide,
molluscicide, avicide, rodenticide, plant regulator, defoliant, desiccant
and the like.

(@ “Toxicity” means a physiological or biological property determinative
of the capacity of a chemical to do harm or produce injury to a living
organism through non-mechanical means. .

SECTION 4. Scope and Presumption. - The provisions of this Act shall

apply to aerial spraying of pesticides in all agricultural activities: Provided, That the

use of an aircraft to spray substances near or, above an agricultural plantation is

presumed to be engaged in aerial spraying of pesticides: Provided, finally, That a

person or entity engaged in aerial spraying of pesticides is presumed to be spraying

hazardous substances or persistent organic pollutants.

Urban pest control and the use of urban pesticides are excluded from the
coverage of this Act.

SECTION 5. Ban on Aerial Spraying of Pesticides. - The aerial spraying of
pesticides, hazardous substances and persistent organic pollutants shall be prohibited
in all agricultural plantations three (3) months after the Fertilizer and Pesticides
Authority (FPA) shall have promulgated the implementing rules and regulations of
this Act.

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SECTION 6. Implementing Agency. - The FPA, created by virtue of
Presidential Decree No. 1144, attached to the Department of Agriculture shall be the
primary government agency responsible for the implementation and enforcement of
this Act.

By virtue of Section 6 (1) (4) of P.D. 1144, the FPA shall promulgate the
implementing rules and regulations of this Act within sixty (60) days from the
effectivity hereof.

SECTION 7. Administrative Fines. - - Upon the finding by the Fertilizer and
Pesticides Authority and its comesponding recommendation to the Secretary of the
Department of Agriculture, the following administrative fines shall be imposed for
every day of aerial spraying of pesticides as prohibited in Section 5 and in relation to
the presumption in Section 4 of this Act

(a) An administrative fine of not less than fifty thousand Philippine pesos
(PhPSO,000.00) but not more than one hundred thousand Philippine pesos
(PhP 100,000.00) upon the owner of the plantation or the person who
actually commissioned the aerial spraying of pesticides.

(b) An administrative fine of not less than twenty thousand Philippine pesos
(PhP20, 000.00) but not more than fifty thousand Philippine pesos
(PhPSO,000.00) upon the aircraft owner or operator and the aircraft pilot:
Provided, That the recommendation of the FPA shall include the immediate
suspension of the permit to operate, in the case of the owner or operator of
the aircraft, and the professional license, in the case of the pilot of the
aircraft, for a period of not less one (1) month or until cessation of aerial
spraying of pesticides.

SECTION 8. Penal Provisions. —

(a) The penalty of prision mayor shall be imposed upon the owner of
the plantation or the person who actually commissioned the actual
spraying in violation of Section 5 of this Act: Provided, That in
the case of juridical persons, corporations, partnerships or
associations, the penalty herein shall be imposed upon the officers,
directors or trustees of the corporation and upon any member who
actually participated in the aerial spraying in violation of Section 5
hereof.

(b) In addition to the revocation of the permit to operate, ini the case of
the owner or operator, and the revocation of the professional
license, in the case of the pilot, the penalty of prision correcional
shall be imposed upon the owner or operator and the pilot of the
aircraft used in aerial spraying of pesticides.

The aircraft and other equipment used in violation of Section 5 of this Act shall
be subject to forfeiture under Article 45 of Act No.3815 otherwise known as the
"Revised Penal Code."

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The filing of a criminal action under this Act shall be without prejudice to the
filing of civil and administrative cases by the persons or communities affected
because of the aerial spraying of pesticides

SECTION 9, Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative rule or regulation contrary to or
inconsistent with the provisions of this Act, particularly those inconsistent provisions
of Presidential Decree No. 1144 and Act No. 3815, is hereby repealed, modified or
amended accordingly.

SECTION 10. Separability Clause. - If for any reason or reasons, any part
or provision of this Act shall be held unconstitutional, invalid or without any force or
effect, other parts or provisions hereof which are not affected thereby shall continue to
be in full force and effect

SECTION 11. Effectivity. — This Act shall take effect fifteen (15)-days after
the completion of its publication in the Official Gazette or in two (2) newspapers of
general circulation

Approved,

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