EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES
introduced by Representative Rufus B. Rodriguez =
House Bill No. 2752
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 3285 during the 15” Congress
where it was approved by the Committee,on Health and substituted by House Bill No. 4541,
approved on 2” reading, approved on 3” reading and was transmitted to the Senate where
it was not acted upon. It was again re-filed during the 16" Congress where it was also
approved by the House of Representatives and transmitted to the Senate. It was again re-
filed during the 17" Congress.

Mercury is a persistent, bio-accumulative heavy metal that poses a significant risk to
human health, wildlife, and the environment.

Unfortunately, mercury discharges into the atmosphere and surface oceans have
increased two-to-five fold since the beginning of the industrialized period due to human
activities. Substantial evidence is accumulating that exposure to methylmercury is
widespread in the general public and occurring at higher than health-based levels of concern
according to the World Health Organization. Fish and seafood caught or sold in the
Philippines are contaminated with methylmercury a toxic element that may cause
neurological damage and other health related problems as a result of fish or seafood
consumption.

Evidence is continuing to emerge linking increased risk of coronary heart disease to
mercury exposure, as presented in at least 2 peer reviewed studies.

Sadly, health advisory information on mercury-contaminated fish, which is necessary
to protect public health, is not widely known to the government. This lack of awareness
potentially threatens tens of millions of Filipinos who may unknowingly ingest harmful
amounts of mercury because they are not aware of exposure risks from consumption of
freshwater fish and seafood.

The proposed measure is filed to address this problem by providing the public with
adequate notice and education on the effects of exposure to mercury, through the
development of health advisories and by requiring that such appropriate advisories be
posted, or made readily available, at all businesses that sell fresh, frozen, and canned fish
and seafood where the potential for mercury exposure exists.

Hence, immediate passage of this bill is earnestly sought.

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

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
2752

House Bill No.

AN ACT
ESTABLISHING THE MERCURY EXPOSURE INFORMATION PROGRAM 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 “Mercury Exposure Information
Act”.

SEC 2. Declaration of Policy — Pursuant to the 1987 Constitution, the State hereby declares
the policy of protecting and promoting the right to health of the people and instilling health
consciousness among them. Towards this end, the State shall adopt an integrated and
comprehensive approach to health development, which shall endeavor to make essential
goods, health and other social services available to every Filipino at affordable cost

SEC. 3. Mercury Exposure Information Program ~ The Secretary of Health shall, in
consultation with other government agencies and nonprofit private entities, including
cooperative health extension services, design and implement a Mercury Exposure
Information Program to ensure that the public is informed of the hazards and adverse effects
of mercury exposure through the consumption of fish and other seafood.

Under this program, the Secretary of Health shall issue a comprehensive health
advisory to the general public about the presence of methyl mercury in fish and other
seafood and its potential dangers to health, particularly to the sensitive population or high
risk group such as pregnant women and children.

The Secretary of Health shall provide:

1) Medical information on the signs and symptoms, treatment and prevention
of mercury-related illnesses; and

2) Reliable information on the mercury levels in fish and other seafood, the
safe dose and consumption fimits with emphasis on limiting the
consumption of fish and other seafood with unsafe or high levels of
mercury.

The health advisory shall be clear, concise and printed in English, Filipino or any
dialect that the Secretary of Health may deem appropriate to effectively disseminate the
information.

The health advisory shall be posted in the following areas:

1) In the patient and client areas of all maternal and child health hospitals,
clinics, centers and similar offices; and
2) In markets and business establishments where fish and other seafood are
sold for human consumption
The Secretary of Health shall periodically update the health advisory.

SEC. 4, Mercury Warning Consumer's Guide — A mercury warning consumer's guide or
manual on the potential dangers of exposure to mercury shall be prepared and distributed by


the Department of Health (DOH), in coordination with the Department of Environment and
Natural Resources (DENR), to the following:
(a) Appropriate fisheries, wildlife and environmental law enforcement agencies;
(b) All applicants for fishing license at the time the license is issued; and

(c) The public upon request.

SEC. 5. Sampling and Monitoring - The Secretary of Health shall ensure that seafood
methy-mercury sampling and monitoring program are conducted by the Food and Drug
‘Administration (FDA) to assist in the documentation of mercury levels in various fish species.
The sampling program shall be conducted to provide statistically valid monitoring data with
respect to mercury levels in fish and other seafood, including market-basket studies, and the
extent to which fish and other seafood with mercury levels in excess of the acceptable level
are sold in commerce. Such information, along with information gathered by the DENR, shall
be compiled into an annual report to track changes in dietary exposure to mercury from fish
and other seafood.

SEC. 6. Penalties — A fine of not less than Five thousand pesos (P5,000.00) but not more
than Ten thousand pesos (P10,000.00) shall be imposed upon the head or official of any
maternal and child hospital, clinic, center or similar office who fails to post the consumer
advisory on the hazards of mercury exposure pursuant to Section 3 of this Act.

‘A fine of not less than Four thousand pesos (P4,000.00) but not more than Eight thousand
pesos (P8,000.00) shall be imposed upon the administrator or operator of any market or
business establishment that sells fish and other seafood who fails to post the consumer
advisory on the hazards of mercury exposure pursuant to Section 3 of this Act.

SEC. 7. Implementing Rules and Regulations — Within sixty (60) days after the effectivity of
this Act, the Secretary of Health shall promulgate the necessary rules and regulations for the
effective implementation of this Act.

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

SEC. 9. Effectivity Clause ~ This Act shall take effect fifteen (15) days after its publication in
any national newspaper of general circulation.

Approved,