FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
EXPLANATORY NOTE 
Article 11, Section 16 of the Constitution recognizes the right of the people to a balanced 
and healthful ecology in accord with the rhythm and harmony of nature. In 
compliance with this provision, the State is thereby mandated to exert all efforts to enact 
legislation that addresses situations and practices that adversely affect the environment 
and the health and safety of the public. 
The indiscriminate use of plastic, Styrofoam, and other non-biodegradable materials is 
among the most pressing quandaries of the country. Styrofoam is perilous to the human 
health. The petrochemicals that are used to make Styrofoam can leak out or migrate into 
the food, and they may contain trace elements of carcinogens. The same effects hold true 
with plastic. In addition to creating safety problems during production, many chemical 
additives that give plastic products desirable performance properties also have dangerous 
health effects such as direct toxicity, carcinogens and endocrine disruption. 
These materials are also hazardous to the environment. Most plastics today are 
photodegradable but are non-biodegradable. Their estimated physical existence is up to 
one thousand years. Everyday, huge quantities of plastic materials are used as receptacles 
and containers. These plastic hags and containers are soon discarded and thrown away by 
people into rivers and canals which results in the clogging of the waterways and drainage 
systems. The dramatic effects of plastic disposal are also felt in the marine life. Roughly 
60-80% of all marine debris and 90% of floating debris is plastic.’ Plastic waste kills up 
to one million sea birds, hundreds of thousands of sea mammals and countless fish each 
year. 
Other countries and some parts of the Philippines have already enacted measures to 
properly respond to the alarming upshots of the indiscriminate use of plastics, Styrofoam 
and other non-biodegradable materials. It is high time that the Philippines as a nation do 
the same. 
In view of the foregoing, immediate passage of this Act i s  sought. 
A~$TO$IO 6 ~ ~ ~ ~ i v ~ t y  
F. TRLLLANES IV 
Senator 
’ Inknation retrieved from: http://www.healthebay.org/currentissues/ppi/marinedebris.asp 
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FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
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Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
SYSTEM OF POLYCARBON PLASTICS, STYROFOAM, FOIL PAPER AND 
OTHER SYNTEETIC MATERIALS HARMFUL TO THE ENVIRONMENT, 
PRESCRIBING PENALTIES THEREFOR, AND BY PROMOTING AND 
ESTABLISHING A SET OF CRITERIA ENDORSING THE USE OF 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
PROTECTING THE ENVIRONMENT BY PROVIDING FOR A PHASE-OUT 
ENVIRONMENT-FRIENDLY PACKAGING MATERIALS, AND FOR OTHER 
SECTION 1. Short Title. -This Act shall be known as the “Environment 
Friendly Packaging Act of 2008.” 
SEC. 2. Declaration of Policy. - Section 16, Article I1 of the 1987 
Constitution declares that “The State shall protect and advance the right of the people to a 
balanced and healthful ecology in accord with the rhythm and harmony of nature.” 
The State recognizes that the indiscriminate use of polycarbon plastic, 
Styrofoam, foil paper and other non-biodegradable materials is one of the causes of 
ecological degradation. Consistent with the provision of the law, the State shall thereby 
provide for a phase-out system of plastic, Styrofoam and other non-biodegradable 
materials as packaging inaterials used by factories for the production of consumer 
products and as packaging materials used by retail establishments for the distribution and 
disposal of the same. The State shall likewise promote and encourage to the highest 
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degree the utilization of environment-friendly packaging materials with the end in view 
of protecting the environment. 
SEC. 3. DeJinition of Terms. - For purposes of this Act, the following 
terms shall mean: 
1. Plastic bag - shall mean any plastic, latex, or polypropylene carry-out bag provided 
by a retail establishment to a consumer at the point of sale. 
2. Retail establishments - shall refer to commercial establishments such as sari-sari 
stores, market vendors, sidewalk vendors, hawkers, supermarkets, department stores, 
groceries and similar establishments; as well as restaurants, canteens, fast-food 
chains, bakeshops, coffeehouses, hotels, catering services and similar establishments 
that sell directly to final consumers or end users, and in the process, provide plastic 
bags, and Styrofoam containers to its consumers as a result of the sale of a product. 
3. Chlorofluorocarbons or CFCs - shall mean any product or product ingredient having 
the chemical structure and/or characteristics of chlorofluorocarbons which under 
natural conditions, can bond with free oxygen molecules in the atmosphere and 
thereby deplete the same such as, but not limited to, Styrofoam, aerosol propellants, 
Freon and other refrigerants. 
4. Polycarbon Plastics and Plastics - shall mean any plastic product or other synthetic 
material made from petroleum-based ingredients including, but not limited to, 
polyethylene, polythene, vinyl, polyvinyl, phenolic vinyl, urethane, polyurethane, 
Styrofoam and similar materials and their extracts. 
5. Green Products - shall refer to products and/or product ingredients whose component 
substances do not pose any polluting or other ecologically-harmful effects both 
during their use and in their subsequent disposal. 
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natural agents of decay. 
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granted: 
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6. Biodegradable - shall mean the ability to decompose into harmless organic 
components through time by the action of bacteria, microorganisms and other living 
7. Packaging - shall refer to the process of containment, protection, handling, delivery 
and preservation of goods-from the producer to the user or consumer. It shall also 
refer to the process of design, evaluation and production of packages by the factories. 
SEC. 4. Prohibited Acts. - 
1. Except in cases herein enumerated, it shall be unlawful to utilize non-biodegradable 
polycarbon plastics as container or packaging for consumer products for sale in the 
Philippines after the phase-out period as determined by this Act. 
2. The use of plastic bags, foil paper and Styrofoam as packaging materials of goods sold 
or disposed of by retail establishments is hereby prohibited after the phase-out period 
as determined by this Act. 
SEC. S. Exemptions. - The following exemptions to Section 4 are hereby 
1. The use of clear plastic in minimal amount for packaging where it is essential and 
absolutely unavoidable to show part of the product through a transparent window 
for purposes of product identification by the consumer. 
2. The use of plastic in minimal amount in certain pharmaceuticals and medical 
drugs where it is essential and absolutely unavoidable to preserve the chemical 
potency of said pharmaceuticals or drugs where no suitable alternative is possible. 
3. The use of plastic or Styrofoam in minimal amount to hold or contain electronic 
products andor components where it is essential and absolutely unavoidable to 
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insulate said products from harmful static electricity, shock and other natural risks 
and where no suitable alternative is possible. 
SEC. 6. Phase-out Period -- The use of non-biodegradable polycarbon 
plastics, Styrofoam and foil paper as container or packaging materials for the purposes of 
production, distribution, packaging, and protection of consumer products by the factories 
and retail establishments shall be phased out within a period of two (2) years from the 
effectivity of this Act. 
Within one (1) year from the enactment of this Act, all retail 
establishments and factories shall reduce their use of plastic, Styrofoam, foil paper and 
other non-biodegradable materials for packaging by at least fifty percent (50%). 
After the phase-out period of two (2) years from the effectivity of this Act, 
it shall be unlawful and/or illegal to commit the prohibited acts as defined in Section 4(1) 
of this Act. 
SEC. 7. Unlawful Release of CFCs. - No consumer product sold in the 
Philippines may contain chlorofluorocarbons (CFCs) where the use and /or disposal of 
such product results in the release of CFCs in the atmosphere. 
SEC. 8. Product Testing. - The Bureau of Product Standards (BPS) of 
the Department of Trade and Industry @TI) and the research bureau of the Department 
of Science and Technology (DOST) i s  hereby directed to conduct continuing tests on all 
consumer products sold in the Philippines to detel'mine whether these products contain 
any ingredients harmful to the environment. 
For this purpose, the Bureau of Product Standards, using scientific 
measurements and empirical testing procedures, shall draw up a set of criteria which will 
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serve as a standard for evaluating the compliance of manufacturers of consumer goods 
within the purpose of this Act. 
SEC. 9. Innovation. - The Department of Science and Technology is 
hereby tasked with the duty of assisting plastic and Styrofoam manufacturers in acquiring 
the appropriate technology required in the manufacture of environment-friendly bags and 
other packing materials. 
SEC. 10. Certification System and Logo. - The Bureau of Product 
Standards is hereby authorized to commission the preparation of a logo with appropriate 
signage and graphics to indicate that the product to which said logo is affixed contains no 
components harmful to the environment or ingredients that may cause instant or 
cumulative damage on the ecology. 
This logo shall, invariably, utilize the phrase “certified green packaging” 
and shall include as one element the official seal of the agency. 
The Department of Trade and Industry shall issue the necessary 
implementing rules and regulations to implement a system of accreditation and screening 
of products which are in compliance with the standard set-forth, pursuant to this Act and 
which would be entitled to use the subject logo. 
SEC. 11. Information Dissemination. - The Department of Health, 
Department of Environment and Natural Resources, Department of Trade and Industry, 
and the Department of Education are hereby tasked with informing and educating the 
public of the hazardous effects of plastic and other non-biodegradable materials to the 
environment and to the human health. 
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SEC. 12. Penal Provision. - 
1. Any manufacturer who afixes the logo design, or any unauthorized variation of this 
design, to the label of any consumer product that has not met the criteria under Section 
8 of this Act shall be penalized by a fine of no less than Fifty Thousand Pesos 
(P50,OOO.OO) and/or imprisonment of not less than six (6) months or both at the 
discretion of the trial court: Provided, That in addition to such penalty, the product 
concerned shall be withdrawn from sale through out the Philippines. 
2. Any violation of Section 4(1) and (2) of this Act shall be penalized as follows: 
First Offense: A fine of ten thousand pesos (Pl0,OOO.OO); and/or 
imprisonment of one (I) month; 
Second Offense: A fine of twenty-five thousand pesos (P25,OOO.OO); and 
/or imprisonment of three (3) months; 
Third Offense: A fine of fifty thousand pesos (P50,OOO.OO) 
and/or 
imprisonment of six (6) months both at the discretion of the trial court; and suspension of 
the Business Permit for a period of thirty (30) calendar days. 
The penalty herein provided shall be imposed upon the owner, manager, 
administrator or proprietor, for individual proprietorships; upon all partners for general 
partnerships and the general partneris for limited partnerships; the branch manager of the 
particular branch or the manager and the chief-operating officer or managing director for 
incorporated businesses; and all such persons, not falling within any of the 
descriptions/titles above-mentioned, being in charge of the particular offending business 
establishment, and failing to follow the prohibitions herein defined Provided, however, 
That this is without prejudice to the right of the person paying the appropriate fine to seek 
reimbursement of the amount paid from the owner of the enterprise or establishment. 
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SEC. 13. Implementing Rules and Regulations. - The Department of 
Trade and Industry, Department of Science and Technology and the Department of 
Environment and Natural Resources, and the Department of Justice shall promulgate the 
implementing rules and regulations of this Act after consultation with consumer groups, 
environmental groups, producers of plastics and Styrofoam and other affected sectors. 
SEC. 14. Repealing Clause. - All laws, decrees, orders, instructions and 
rules and regulations or parts thereof which are inconsistent herewith are hereby repealed 
or modified accordingly. 
SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days 
following its publication in the Offlcciul Gazette or in at least two (2) newspapers of 
general circulation. 
Approved, 
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