FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
382i

House Bill No.

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

Phthalates are a class of multifunctional chemicals used in a variety of consumer and
personal care products. They are mainly used as plasticizers for manufacturing toys and child-
care articles as they make PVC more flexible and soft.

A raging debate on the scientific bases of phthalate’s effects on humans raged as the
European Union placed a temporary ban and regulation on the use of six phthalates [Di (2-
ethlyhexyl) phthalates (DEHP), Dibutyl phthalate (DBP); Benzyl butyl phthalate (BBP);
Diisononyl phthalate (DINP); Diisodecy! phthalate (DIDP); and Di-n-octyl phthalate
(DNOP)}. in toys, childcare articles, and other products in 1999, This affected the multi-
million dollar chemical industry of America and producers of phthalates. Several scientists
were even used to write articles and set up websites that persuade the public that the decision
to restrict the use of phthalates in children’s products “is not based on science.”

Hower

et, as the debate heated, the American Academy of Pediatrics issued a report in
2003 that recommends the effects of phthalates on the fetus (through pregnant mothers using
cosmetics with the chemical) and infants. They argued that it is a basic error of the
protagonists on the use of phthalates that “absence of data can never be used as proof of
safety.” This is especially true with caring for health of infants and children. One must never
assume that a product is safe for children especially when there are established studies that
phthalates exposure have affected adults and are proven carcinogens during animal tests.

In 2005, the EU permanently banned three types of phthalates, DEHP, DBP and BBP,
which have been identified as reprotoxic, in all toys and childcare articles. Meanwhile, DINP,
DIDP, DNOP will be banned from use of toys if those articles can be put in the mouth by
children.

In light of these developments internationally, drastic actions must be done locally to
prevent entry and sale of infant and childcare products with phthalates. Our children deserve
no less from us especially regarding their health and well-being.

Hence, immediate passage of this bill is earnestly sought

SUSAN

Representative, 2" Distritt of Tarlac


FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.3

Introduced by Representative Susan A. Yap

AN ACT
PROHIBITING THE SALE OF TOYS AND OTHER ARTICL
HEREIN SPECIFIED PHTHALATES TO CHILDREN,

CONTAINING

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

SECTION I, Short Title. - This Act shall be known as the "Phthalate-Free Toy and Other
Articles et of 2010",

SEC. 2. Declaration of Policy. - It is a policy of the State to protect the physical, moral and
social well-being of children. Towards this end, the State shall prohibit the sale of toys containing
herein specified phthalates to children.

SEC. 3. Definition of Phthalates. - For purposes of this Act, the following terms shall be defined

(a) Phthalates refer to esters of phthalic acid that are mainly used as plasticizers for
manufacturing toys and child-care
(b) Child-care article refers to any product int
feeding of children or sucking on the part of childze
(©) Tay refers to any product or material designed or clearly intended for use in play by

children less than fourteen (14) years of age.

icles;

eep, relaxation, hygiene, the

SEC. 4. Probibition on the Sale of Te ning Phthalates, - On or atter
one hundred twenty (120) days from the passage of this Act, no toys or child-care articles intended
for use by children shall contain the follow tion in
concentrations greater than zero point one perc ‘9 by mass of the plasticized material, in toys
and child-care articles:

) Di 2-ethlyhexyl) phthalates (DEHP);

(b) Diburyl phthalate (DBP);

:) Benzyl butyl phthalate (BBP);
(@) Dusononyl phthalate (DINP);
(€) Diisodecy! phthalate (DIDP); and
( Di-n-octyl phthalate (NOP).

SEC. 5. Penalties. - Any person found ia violation of this Act shall be punished by a penalty
Of prsion correcianal or a fine ranging from Fifteen thousand pesos (P15,000.00) to One hundred fifty



thousand pesos (P 150,000.00}, or both, at the discretion of the court, taking into consideration the

circumstances of the case.

If the offender is a corporation, trust or firm, partnership, association or any other entity, the
penalty of imprisonment shall be imposed on the entity's responsible officers including, but not
limited to, the president, vice president, chief executive officer, general manager, managing director
or partner direcdy responsible therefor.

SKC. 6. Implementing Agency. ~ The provisions of this Act and its implementing rules and
regulations shall be enforced by the Department of Health.

SEC. 7. Separability Clause, - VE any part hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain valid and subsisting,

SEC. 8. Repeating Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to oF inconsistent with the provisions
of this Act is hereby repealed, modified or amended accordingly

SEC. 9. Fiffectinity Clause, - This Act shall
least two (2) newspapers of general circulation.

¢ effect fifteen (15)

Jays after its publication in at

Approved,