FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
Second Regular Session 
SENaTj: 
S. No. 6121 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Atiicle 2, Section 15 provides: 
~E8 13 :)2 :15 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
BP A or Bisphenol A is a chemical produced in large quantities for use primarily in the 
production of polycarbonate plastics and epoxy resins. Polycarbonate plastics have many 
applications including use in some food and drink packaging, e.g., water and infant bottles, 
compact discs, impact-resistant safety equipment, and medical devices. Epoxy resins are used as 
lacquers to coat metal products such as food cans, bottle tops, and water supply pipes. Some 
dental sealants and composites may also contribute to BPA exposure. 
While air, dust, and water are possible sources of exposure, BPA in food and beverages 
accounts for the majority of daily human exposure. BP A can leach into food from the protective 
internal epoxy resin coatings of canned foods and from consumer products such as polycarbonate 
tableware, food storage containers, water bottles, and baby bottles. The degree to which BP A 
leaches from polycarbonate bottles into liquid may depend more on the temperature of the liquid 
or bottle, than the age of the container. BP A can also be found in breast mille 
On the basis of results from recent studies using novel approaches to test for subtle 
effects, both the National Toxicology Program at the National Institutes of Health and FDA have 
some concern about the potential effects of BP A on the brain, behavior, and prostate gland in 
fetuses, infants, and young children. There is therefore a need to regulate the use of this 
substance in baby food products. 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'12 
I:E8 13 
I) ') :1 c' 
.,. 
I L 
J 
n 
'V:J~ __ 
-----------------------------------------------------~~\ 
SE~I~l 
S. No. ___ _ 
,. 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PROHIBITING THE SALE OF BABY FOOD PRODUCTS WITH BPA AND 
3 
PROVIDING FOR ITS REPLACEMENT WITH THE LEAST TOXIC ALTERNATIVE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Short Title. - This Act shall be known as the "BP A in Baby Products 
5 
Prohibition Act." 
6 
SECTION 2. Declaration of Policy. - It is the policy of the State to protect and promote 
7 
the right to health of the people and instil health consciousness among them. 
8 
It is also the policy of the State to promote and protect the physical, moral, spiritual, 
9 
intellectual and social well-being of the youth recognizing their vital role in nation-building. 
10 
SECTION 3. Definitions. - As used in this Act, the following terms shall mean; 
11 
(I) 
"Baby food" means a prepared solid food consisting of a soft paste or an easily 
12 
chewed food that is intended for consumption by children 2 years of age or younger and that is 
13 
commercially available. 
14 
(2) 
"BP A" or Bisphenol A means a chemical compound having a chemical formula 
15 
of ClsH1602 and a CAS RN (Chemical Abstract Service Registry Number) of 80-05-7. 
16 
(3) 
"Infant formula" means a milk-based or soy-based powder, concentrated liquid, or 
17 
ready-to-feed substitute for human breast milk that is intended for infant consumption and that is 
18 
commercially available. 
1 


1 
(4) 
"Reusable baby food or beverage container" means a receptacle for storing baby 
2 
food or beverages, including baby bottles and spill-proof cups. 
3 
SECTION 4. Ban of the Use of BPA. - Beginning I January 2013, no person or entity 
4 
shall manufacture, sell, or distribute in commerce in this state any reusable baby food or 
5 
beverage container or any infant formula or baby food stored in a plastic container, can or jar 
6 
containing BP A. 
7 
SECTION 5. Use of the Least Toxic Alternative. - Manufacturers shall use the least toxic 
8 
alternative when replacing BP A in accordance with this Act. Manufacturers shall not replace 
9 
BPA with substances that are known carcinogens, those that have carcinogenic potentials, likely 
10 
carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of 
II 
being carcinogens, and those with reproductive toxicants that the Department of Health (DOl-I) 
12 
has identified as causing birth defects, reproductive harm, or developmental harm. 
13 
SECTION 6. Separability Clause. - If any provision or part hereof is held invalid or 
14 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
15 
valid and subsisting. 
16 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
17 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
18 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
19 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
20 
publication in at least two (2) newspapers of general circulation. 
Approved, 
2