Republic of the Philippines
House of Representatives
Quezon City

Fifteenth Congress
Second Regular Session

HOUSE BILL No._5550

Introduced by TUCP Party-List Representative
Honorable RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

Section 15, Article I of the Constitution provides that “The State shall protect and promote the
right to health of the people and instill health consciousness among them.”

‘The Department of Health, in consultation with the World Health Organization, recommends that
aerial spraying must be banned until proof of its safety is clearly established. Residential areas
and schools near the farms and plantations are exposed to considerable risks of spray drift and
post-application drift. During aerial spraying, pesticide drift is unavoidable.

In Mindanao, where most of the farms and plantations are found, local ordinances on aerial
spraying do not provide for the protection of the communities living in and around the
plantations against exposure to fungicide drift. Advocates against aerial spraying are calling for
the enactment of a law that will “promote health and safety, and enhance the right of the people
to a balanced ecology.”

The protection of communities must however go hand-in-hand with a delicate balancing of
interest that also takes into account the contributions of the high-value crop industry to the
livelihoods of poor people, the economic vibrancy of rural communities, the struggle to
overcome rural poverty and the tax revenues contributed to both the national and local
governments.

Further, we have to consider the situation on the farm sites, where there is now a dangerous
fungal disease, more popularly known as Panama Disease (Fusarium wilt) which essentially can
bbe ground-bomne from one site to another by the movement of feet or vehicles over an infected
site to another. Aerial spraying however does not increase the risk of spreading Panama Disease
because no ground movement is involved.

‘This bill seeks to address the problems of aerial spraying of fungicides by providing for the
standards and guidelines that will curve the ill-effects of aerial spraying on health and
environment.

In view of the foregoing, approval hereof is highly recommended.



Republic of the Philippines
House of Representatives
Quezon City

Fifteenth Congress
Second Regular Session

House BILL No._2550

Introduced by TUCP Party-List Representative
Honorable RAYMOND DEMOCRITO C. MENDOZA

AN ACT
WEGULATING THE AERIAL SPRAYING OF PESTICIDES AND FUNGICIDES ON
AGRICULTURAL CROPS AND PROVIDING PENALTIES FOR VIOLATION
THEREOF

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

1, Short Title. — This Act shall be known as the “Aerial Spraying Regulation Act of 2011."

SEC. 2. Declaration of Policy. — It is hereby declared the policy of 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 and to promote the right to health of the people and instill health *
consciousness among them. Toward these ends, the State shall strictly regulate the aerial

spraying of chemicals, such as pesticides and fungicides, in order to uphold the principle of
sustainable development and maintain a rational and balance of human health, environmental

protection and socio-economic growth.

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

Aerial spraying- refers to the application of fertilizers, fungicides, and other similar chemicals
or substances on crops from an aircraft for agricultural purposes;

Agricultural aircraft- refers to an aircraft custom built with a chemical sprayer system and used
for aerial spraying of crops; and

Pesticide - refers to any substance or product, or mixture thereof, including active ingredients,
adjuvants, and pesticides formulations, intended to control, prevent, destroy, repel or mitigate
directly or indirectly, any pest. ‘The term shall be understood to include insecticide, fungicide,
bactericide, nematocide, herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant,
dessicant and the like.

SEC. 4. Lead Agency. — The Fertilizer and P¢ ide Authority under the Department of
Agriculture, hereinafter referred to as the Authority, shall be the lead government agency
responsible for the implementation and enforcement of this Act.

‘



SEC. 5. Standards for Aerial Spraying. ~ Within six (6) months from the effectivity of this Act,
the Authority shall, in coordination with the Department of Environment and Natural Resources
(DENR), Department of Health (DOH), and other stakeholders, promulgate standards, rules and
regulations based on internationally-accepted practices which will effectively implement aerial
spraying measures, including but not limited to:

@ Pesticides, Chemicals and Substances. ~ Only pesticides, chemicals, substance or a

mixture thereof which are properly labelled and approved by the Authority shall be used

* for aerial spraying: Provided, That the pesticide shall be used and handled under proper
procedures set by the Authority.

b

Signage and Relevant Forewarning. — Signages showing the schedules of aerial
spraying in a given area and other relevant information shall be posted in strategic and
conspicuous places in government centers, farms or plantations, and provincial, city,
municipal and barangay halls: Provided, That the written notification and report of such
schedules and other relevant information are officially submitted to all offices of local
government units having jurisdiction on the farm or plarttation and residents of adjoining
property, at least three (3) days prior to the first date of pesticides application: Provided,
further, That proper warning schemes, such as series of sirens or alarms, are employed
within thirty (30) minutes prior to the actual aerial spraying.

©) Buffer Zones and Fences. — A minimum of perimeter buffer areas of fifty (50) meters
from the areas being used by the general public or vulnerable groups, including but not -
limited to residential areas, schools, parks, roads and railways, and from bodies of water
and surface and groundwater used for drinking water, or thirty (30) meters from the plant
outside boundary line, whichever is higher, shall be maintained as aerial spray-free zone:
Provided, That the same may be increased to ensure that adequate safeguard area is
provided for the actual drift of the aerial spray: Provided, further, That the provision of
the buffer fences, whether natural or otherwise, to further prevent acrial spray drift shall
be the responsibility of the owners of plantations or farms practicing aerial spray.

@

Aerial Application Level. — Agricultural aircraft spraying pesticides shall not fly more
than 5-8 meters above the crops being treated.

©) Farm Topographical, Atmospheric and Environmental Considerations. ~ Following the
effectivity of this Act, the Authority shall annually issue a certificate showing that the
plantation or farm has complied with safe and proper procedures for aerial spraying
pursuant to this Act: Provided, That no farm or plantation shall be allowed to undertake
aerial spraying without the said certificate: Provided, further, That the topographical
atmospheric and environmental standards, including wind and temperature direction or
measurement requirement, and aerial spraying schedule, shall be strictly imposed on any
farm or plantation: Provided, finally, That no aerial spraying shall be allowed when wind
speed is more than 4 kilometers per hour and air temperature is higher than 28° Celsius.

PD) Modern Facilities and Advanced Technologies. — The Authority shall ensure that
agricultural aircrafts and subject farms or plantations are equipped with modern facilities

4 and advanced technologies or systems which are internationally-accepted in advanced
aerial spraying of pesticides necessary for safe, systematic and precise spraying, optimum
dispersal and accurate monitoring of dispersal flow rates.

Nothing in this Section shall prevent the Authority to adopt, in coordination with the EMB-
DENR and DOH, after proper public consultation with the stakeholders, more stringent standards
or measures.

SEC. 6. Agricultural Aircraft Certification and Pilot Licensing. — The Civil Aviation Authority
of the Philippines (CAAP) shall issue Agricultural Aircraft Certificates which shall be valid for
one (1) year to all worthy agricultural aircraft that comply with the CAAP standards, No
agricultural aircraft shall operate without the CAP certification.


The CAAP shall likewise issue special licenses for pilots who possess appropriate skills for the
operation of agricultural aircraft.

Within six (6) months from the effectivity of this Act, the Authority in coordination with the
CAAP, shall establish agricultural aircraft and pilot certification standards and develop programs
for agricultural pilots designed to equip them in technical safety, farm plantation or crop care
products, human health and environmental concerns.

SEC. 7. Inter-Agency Monitoring Support Team. ~ The Authority in coordination with the
DOH and the Environmental Management Bureau of the Department of Environment and
Natural Resources (EMB-DENR) shall regularly monitor the health of persons, particularly the
workers, labourers and employeps, residing within and adjacent to the farms or plantations where
aerial spraying is practiced.

The Authority shall regularly monitor and evaluate the air and water qualities as well as the
ambient environmental condition of farms or plantations practicing aerial spraying.

et government units (LGUs) shall assist in the implementation and enforcement of this Act
within their respective territorial jurisdictions.

SEC. 8. Visitorial Right. — The Authority shall have visitorial rights as follows:

To enter or access any premises including documents and materials as referred to in the herein
preceding section;

To inspect any pesticide, solution or waste source, control device, monitoring equipment or
method required; and i

To test any pesticides, substances, solution or mixture.

SEC. 9. Record-keeping. ~ The Authority shall, after proper public consultation with
stakeholders, require any person who is subject to any requirement of this Act:

To install and use equipment or device and adopt a system approved by the Authority which will
monitor and record the methods, procedures used, pesticides, solutions or mixtures applied,
application intervals employed, drift incident and its extent, photograph and other relevant
information during and after an actual aerial spraying;

To maintain record book approved by the Authority which book contains entries, data and
documentation gathered in accordance to the immediately preceding paragraph; and
‘To submit said report.

The record book or copy thereof shall be made available to the public, unless the same contains
information entitled to protection under the Intellectual Property Act.

SEC. 10. Prohibited Acts and Penalties.

a) Any person found violating the standards set for aerial spraying, agricultural aircraft and
agricultural pilot provided under Sections 5, 6 and 7 of this Act, including the standards
and rules and regulations promulgated therefore, shall suffer the penalty of imprisonment
of not less than one (1) year but not more than five (5) years and fine of not less than Five
Hundred Thousand Pesos (P500,000.00) but not more than Ten (10) Million Pesos;


b) Any person who uses or allows the use of an agricultural aircraft for aerial spraying
without the certificates required under Sections 6 and 7 of this Act shall suffer the penalty
of imprisonment of not less than six (6) months but not more than two (2) years and fine
of not less than Two Hundred Thousand Pesos (P200,000.00) but not more than One (1)
Million Pesos;

°)

Any person who flies or allows to fly an agricultural aircraft without the license required
under Section 6 of this Act shall suffer the same penalty of imprisonment and fine set
under the immediately preceding paragraph; and

d) Any person found violating the standards set for aerial spraying, agricultural aircraft,
agricultural pilot and owner of farm or plantation under any other Sections of this Act,
including the standards and rules and regulations promulgated therefore, shall suffer the
penalty of imprisonment of not less than three (3) months but not more than one (1) year
and fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than
Five Hundred Thousand Pesos (P500,000.00).

If the offender is a corporation, partnership or association, whether domestic or foreign, the
chairman of the board of directors, president, general manager and the officer or employee
directly responsible shall be imposed with the penalty of imprisonment and the juridical entity
represented shall be jointly liable to the fine imposed herein.

The offender who is a foreigner, shall, in addition to the other penalties imposed herein, be
deported after service of sentence without need of any further proceedings.

SEC. 11. Implementing Rules and Regulations. — Within six (6) months following the
effectivity of this Act, the Secretary of Agriculture shall, in coordination with the DENR, DOH
and DILG, upon public consultation with stakeholders, promulgate the necessary rules and
regulations needed for the effective implementation of this Act.
‘

SEC. 12. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules and
regulations, and isstances, or parts thereof, which are inconsistent with the provisions of this Act
are hereby repealed or amended accordingly.

SEC. 13. Separability Clause. — If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected, shall remain in full force and
effect.

SEC. 14. Effectivity. — This Act shall take effect fifteen (15) days after publication in the Official
Gazette or in two (2) national newspapers of general circulation.

Approved,