EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
SENATE
s.B. NO. 1 
p  n
Senate
of tile
20 
FEB -4 m
RECEKTOBy;
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
PROHIBITING THE USE OF BPA IN  BABY FOOD PACKAGING AND 
CONTAINERS, AND OTHER CHILD CARE ARTICLES, PROVIDING FOR 
ITS REPLACEMENT W ITH SAFER ALTERNATIVES
EXPLANATORY NOTE
Article II, Section 15 of the 1987 Philippine Constitution provides:
"The State shall protect and promote the right to health of the people and 
instill health consciousness among them."
Bisphenol A (BPA) is a chemical primarily used in the production of polycarbonate 
plastic products and epoxy resin food can liners. BPA is used to harden plastics, 
prevent cans from rusting and keeping food safe from bacteria. Beverage bottles, 
food packaging materials and metal can-coated products including water and 
infant bottles are among the many food and liquid containers applied with BPA.
Possible harmful effects of BPA on humans, particularly on infants and children 
may include endocrine disruption, heart disease, fetal brain development, among 
others.
The proposed bill seeks to protect infants and children by regulating the use of 
BPA in baby food products.
MARIA LO U R D E ^A N C Y  S. BINAY
Senator


EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. NO. 1320
Senate
ftrrta rf
20 
FEB -4 An -AS
RECEIVED BY:
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
PROHIBITING THE USE OF BPA IN  BABY FOOD PACKAGING AND 
CONTAINERS, AND OTHER CHILD CARE ARTICLES, PROVIDING FOR 
ITS REPLACEMENT W ITH SAFER ALTERNATIVES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. This Act shall be known as the "BPA in Child Care Articles
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Prohibition Act"
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Sec. 2. Declaration o f Policy. -  It shall be the policy of the State to protect
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and promote the right to health of the people and instill health consciousness
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among them.
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It is also the policy of the State to protect consumers from trade
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malpractices and substandard or hazardous products;
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Sec. 3. D efinitions. -  As used in this Act, the following words or terms shall
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have the following meaning:
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a) Baby Food -  refers to prepared food consisting of sift paste or an easily 
chewed food that is intended for consumption by infants and children.


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b) BPA or Bisphenol A -  an industrial chemical compound C15H1602 that 
is a component especially of hard plastics (such as polycarbonate) and 
epoxy resins.
c) Infant Formula -  breast milk substitutes formulated industrially in 
accordance with applicable Codes Almentarius standards to satisfy the 
normal nutritional requirements of infants between four (4) to six (6) 
months of age adapted to their physiological characteristics. It may be a 
milk-based or soy-based powder, concentrated liquid or ready-to-feed 
substitute for human breast milk, that is intended for infant consumption.
d) Baby Food or Beverage Container -  a receptacle for storing baby food 
or beverages, including baby bottles and spill proof cups. It may be 
reusable or disposable once used.
e) Child Care Article -  a consumer product designed or intended by a 
manufacturer for the feeding of children, to facilitate sleep or to help 
children with sucking or teething. This includes baby food packaging, 
containers and other baby products.
Sec. 4. Ban on BPA in Child Care Articles. -  No persons or entity shall 
manufacture, sell, import or distribute in commerce:
1. Any baby food or beverage packaging, container, or any child care 
article containing BPA; and
2. Any infant formula or baby food stored in packaging, container, or child 
care article containing BPA;
Sec. 5. Use o f Safer A lternatives. -  Manufacturers of child care articles are 
duty-bound to safer alternatives as replacement of BPA with substances that are
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known carcinogens, have carcinogenic potentials, likely carcinogens, known to be 
human carcinogens, likely to be human carcinogens, or suggestive of being 
carcinogens, and those with reproductive toxicants that the Department of 
Health (DOH) has identified as causing birth defects, reproductive harm, or 
developmental harm.
Sec. 6. Creation o f In form a tion System on BPA and other Harm ful and 
Toxic Chemicals. - The Food and Drug Administration (FDA) shall create an 
information system, that can be accessed by the public, containing all 
information about BPA, and other harmful and toxic chemicals that can be found 
in child care articles, and other issuances and regulation related thereto.
Sec. 7. Public In fo rm a tio n  on BPA. -  The Department of Trade and Industry 
(DTI), in coordination with the DOH, and the Philippine Information Agency 
(PIA), shall develop a public information and communication campaign about 
BPA and other harmful and toxic chemicals found in child care articles and other 
baby products. The campaign is aimed at encouraging all concerned stakeholders 
to prevent the use of BPA and other toxic chemicals in baby food o beverage 
containers, and other child care articles, and encourage science-based method in 
search for alternatives or substitutes for BPA.
Sec. 8. Penalties fo r Violations. -  Whenever it is found that a baby food or 
beverage packaging, container, or child care article injurious, unsafe, or 
dangerous as it contains BPA, or when an infant formula or baby food is stored 
in a container or packaging containing BPA, the DTI shall, after due notice and 
hearing, make the appropriate order for its recall, prohibition, or seizure from 
public sale or distribution, in which case, the seller, distributor, manufacturer or 
producer thereof shall be afforded a hearing within forty-eight (48) hours from 
such order.


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Any person natural or juridical, who shall violate the prohibition provided 
under this act shall be subject to a fine not less than Fifty Thousand Pesos 
(P50,000.00) but not more than Three Hundred Thousand Pesos (P300,000.00) 
or by imprisonment of not less than one (1) year but not more than five (5) 
years or both, upon the discretion of the court.
In case the offender is a juridical person, the President, Secretary, 
Treasurer, and such other officers or persons responsible for the offense, shall 
be liable for the penalty of imprisonment.
If the seller, distributor or manufacturer of injurious products containing 
BPA is a foreigner, he shall be deported after service of sentence and payment of 
fine without further deportation proceedings.
Sec. 9. Im plem enting Agency. -  The DTI in coordination with DOH and the 
Department of Interior and Local Government (DILG), shall enforce the 
provisions of this Act.
Sec. 10. S eparability Clause. -  If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provisions not otherwise 
affected shall remain valid and subsisting.
Sec. 11. Repealing Clause. -  All laws, presidential decrees, executive orders, 
or issuances, 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. 12. E ffectivity. -  This Act shall take effect fifteen (15) days after its 
publication in the Official Gazzette or two (2) newspaper of general circulation.
Approved,