EPRE SS
ueN

Republic of the Philippines & RECE IVED a
HOUSE OF REPRESENTATIVES ;
Queson City DATE 12 201% um
TIME: 527»
EIGHTEENTH CONGRESS eyed &
Second Regular Session <5. Y
8367 Nein er

HOUSE BILL NO. “"*

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO PROVIDE FOR THE REDUCTION OF METALS IN PACKAGING

The Constitution, Article II provides that:

Section 14. The State shall protect and promote the right to health
of the people and instill health consciousness among them.

Section 16. 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 management of solid waste can pose a wide range of hazards to public health and
safety and to the environment. Packing comprises a significant percentage of the
overall solid waste stream. The presence of heavy metals in packaging is a part of the
total concem in light of their likely presence in emissions or ash when packaging is
incinerated, or in leachate when packaging is landfilled.

Lead, mercury, cadmium, and hexavalent chromium, on basis of available scientific and
medical evidence, are of particular concern. It is desirable as a first step in reducing the
toxicity of packaging waste to eliminate the addition of these heavy metals to packaging.

This bill seeks to achieve this reduction in toxicity without impeding or discouraging the

expanded use of post-consumer materials in the production of packaging and its
components.

Al

LUIS RAY! “LRAY” ILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No8367

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO PROVIDE FOR THE REDUCTION OF METALS IN PACKAGING

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 "Reduction of Metals in
Packaging Act.”

SECTION 2. Definitions. —As used in this Act, the term:

(A) “Package” means a container providing a means of marketing, protecting, or
handling a product and includes a unit package, an intermediate package, and a
shipping container as defined in ASTM D996, and unsealed receptacles such as
carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping
films, bags, and tubs;

(8) “Distributor” means any person, firm, or corporation who takes title to goods
purchased for resale;

(C) “Packaging component” means any individual assembled part of package such as,
but not limited to, any interior or exterior blocking, bracing, cushioning,
weatherproofing, exterior strapping, coating, closures, inks, and labels;

(D) “Department” means the Department of Trade and Industry; and

(E) “Secretary” means the Secretary of the Department of Trade and Industry.

SECTION 3. Prohibition/Schedule for Removal of Incident Amounts. — (A) The
Secretary of the Department of Trade and Industry shall issue such regulations as may
be necessary to require, not later than two (2) years after the date of the enactment of
this Act, that no package or packaging component, inks, dyes, pigments, adhesives,
stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium
which has been intentionally introduced as an element during manufacturing or
distribution as opposed to the incidental presence of any of these elements.

(B) For purposes of such regulations, the sum of the concentration levels of lead,


cadmium, mercury, hexavalent chromium present in any package or packaging

component shall not exceed the following:

(1) 600 parts per million by weight (0.06%) effective two (2) years after the date of the
enactment of this Act;

(2) Two Hundred Fifty (250) parts per million by weight (0.025%) effective three (3)
years after the date of the enactment of this Act; and

(3) One Hundred (100) per million by weight (0.01%) effective four (4) years after the
date of the enactment of this Act.

SECTION 4. Exemptions. - (A) Such regulations shall be applicable to all packages

and packaging components except the following:

(1) Those packages or package components with a code indicating date of manufacture
that were manufactured prior to the effective date of this statute;

(2) Those packages or package components to which lead, cadmium, mercury or
hexavalent chromium have been added in the manufacturing, forming, printing, or
distribution process in order to comply with health or safety requirements of
Philippine law or for which there is no feasible alternative, except that the
manufacturer of a package or packaging component must petition the Department
for any exemption from the provisions of this subsection for a particular package or
packaging component based upon either criterion.

The Secretary may grant a two (2) year exemption if warranted by the
circumstances. Such an exemption may, upon meeting either criterion of this
subsection, be renewed for two (2) years.

For purposes of this paragraph, a use for which there is no feasible alternative is one
in which the regulated substance is essential to the protection, safe handling, or
function of the package's contents; or

(3) Packages and packaging components that would not exceed the maximum
contaminant levels set forth in paragraph (C) of Section 3 of this Act but for the
addition of post-consumer materials.

(8) The provision of paragraph (A) shall be of no effect on and after the expiration of the

72-month period following the date of enactment of this Act.

SECTION 5. Certificate of Compliance. — (A) Such regulation shall require, not later than
two (2) years after the date of the enactment of this Act, a Certificate of Compliance
stating that a package or packaging component is in compliance with the requirements of
this Act shall be furnished by the manufacturer or supplier of such package or
component to its purchaser. Where compliance is achieved under the exemptions
provided in paragraph (B) or (C) of Section 4, the Certificate shall state the specific basis
upon which the exemption is claimed. The Certificate of Compliance shall be signed by
an authorized official of the manufacturing or supplying company. The purchaser shall
retain the Certificate of Compliance for as long as the package or packaging component
is in use. A copy of the Certificate of Compliance shall be kept on the file by the
manufacturer or supplier of the package or packaging component. Certificates of
compliance, or copies thereof, shall be furnished to the Department upon its request and
to members of the public in accordance with Section 8.

(8) Ifthe manufacturer or supplier of the package of packaging component reformulates


or creates a new package or packaging component, the manufacturer or supplier shall
provide an amend or new Certificate of Compliance for the reformulated or new package
of packaging component.

SECTION 6. Penalty, — Whenever on the basis of any information the Secretary
determines that any person has violated or is in violation of this Act, the Secretary may
issue an order assessing a civil penalty in an amount not to exceed Two Hundred Fifty
Thousand Pesos (P250,000.00).

SECTION 7. Review by Department. - The Secretary shalll review the effectiveness of
this Act no later than forty-two (42) months after the date of its enactment and shall report
to the Congress the results of such review. The report may contain recommendations to
add other toxic substances contained in packaging to the list set forth of this Act in order
to further reduce the toxicity of packaging waste, and shall contain a recommendation
whether to continue the recycling exemption as it is provided for in paragraph (C) of
Section 4 of this Act, and a description of the nature of paragraph (C) of Section of this
Act, and a description of the nature of the substitutes used in lien of lead, mercury,
cadmium and hexavalent chromium.

SECTION 8, Public Access. — Any request from a member of the public for a copy of any

Certificate of Compliance from the manufacturer of supplier of a package or packaging

component shall be:

(A) Made in writing with a copy provided to the Secretary of the Department of Trade
and Industry;

(B) Made specific as to package or packaging component information requested; and

(C) Responded to by the manufacturer or supplier within sixty (60) days.

SECTION 9. Non-Preemption. — Nothing in this Act shalll be construed so as to prohibit
the Department from enacting and enforcing a standard or requirement with respect to
toxic metals in packaging that is more stringent than a standard or requirement relating
to toxic metals in packaging established or promulgated under this Act.

SECTION 10. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law of the provision not otherwise affected shall
remain valid and subsisting.

SECTION 11. 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.

SECTION 12. Effectivity Clause. - This Act shalll take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,