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

EXPLANATORY NOTE

The right of the people to a balanced and healthful ecology is upheld by the
Constitution. itis, therefore, the mandate of the State to safeguard that right and to provide
the resources to implement this policy for the benefit of ail citizens

Public health and safety greatly depends on the awareness of citizens and local
officials of the toxic dangers that exist in their homes, communities and neighborhoods. Of
all sectors in the society, it is the children and other vulnerable subpopulations like pregnant
women, the elderly and individuals with a history of ailments that face unique health threats
needing special attention. However, our current standards for environmental pollutants fail
to protect or even consider risks to children and other vulnerable subpopulations.

There is a need to clearly differentiate between the risks to children and other
vulnerable sectors in the setting of environmental and public health standards. It is also
important that such standards be made known and understood by the target sector for their
own protection

This bill seeks to address these issues by tasking the Department of Environment
and Natural Resources (DENR), in collaboration with the Department of Health (DOH) and
the Department of Agriculture (DA) in setting appropriate standards. This bill institutes the
necessary mechanisms for ensuring and suppiving data that would allow adequate
quantification and evaluation of environmental pollutants specific to these sectors, providing
information on the risks to children and the risks to other vulnerable sub-pollutants. In so
doing, the citizens will be able to exercise their right to know and make informed decisions to
protect their families.

In view of the foregoing considerations early passage of this bill is earnestly sought

(lle,


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

HOUSE OF REPRESENTATIVES

AN ACT
TO PROTECT CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS FROM
EXPOSURE TO CERTAIN ENVIRONMENTAL POLLUTANTS, AND FOR OTHER

PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Title. This Act shall be known and cited as “Children’s Environmental
Protection Act.”

SEC 2. Declaration of Policy. itis the policy of the State, concordant with the Constitution
to protect and advance the right of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature and to promote and protect the children’s physical
welkbeing in recognition of the youth’s vital role in nation-building. To ensure the
implementation of these policies, the State shall ensure that
a) Ail environmental and public health standards set by the Department of
Environment and Natural Resources (DENR) and the Department of
Health (DOH), respectively must, with an adequate margin of safety.
protect children and other vuinerable subpopulations that are at oreater
risk from exposure to environmental pollutants
b) information, inciuding a safer-for-children product list, should be made
readily available by the DENR to the general public and relevant
government agencies to advance the public's right to know and prevent
Unnecessary and involuntary exposure to environmental pollutants:
¢) Not later that one (1) year after the safer-for-children product list is created,
only listed products or chemicais that minimize potential health risks to
children shall be used in properties and areas of the State; and
d) Scientific research opportunities should be identified by the DENR and the
DOH to study the shortterm and long-term health effects of cumulative,
simultaneous and synergistic exposures of children and other vulnerable
subpopulations to environmental pollutants.

SEC 3. Definitions of Terms - As used in this Act

a) ‘Areas that are Reasonably Accessible to Children’ shail refer to homes.
schools. day care centers, shopping malis, movie theaters and parks;

b) Children” shall refer to individual 18 years of age or younger:

c) “Department” shail refer to the Department of Environment and Natural

Resources:


4) “Environmental Pollutants” shall refer to the hazardous substance or @
pesticide, as defined in R.A. 6969 and those other pollutants under
national standards:

e) Secretary’ shall refer to the Secretary of Environment and Natural
Resources

fy ‘State Properties and Areas” shall refer to areas owned or controlled by
the Republic of the Philippines; and

@) “Vulnerable Subpopulations” shall refer to children, pregnant women, the

elderly, individuals with a history of serious iliness and other
‘subpopulations identified by the Secretary of Environment, in collaboration
with the Secretary of Health as likely to experience elevated health risks
from environmental pollutants,

ARTICLE I
SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS

SEC 4. Functions of the Secretary of the DENR. The Secretary of the Department of
Environment and Natural Resources in collaboration with the Secretary of Health shall

a) Consistently and explicitly evaluate and consider environmental health
risks to vulnerable subpopulations in all of the risk assessments, risk
characterizations, environmental and public health standards and
regulatory decisions carried out by the Secretary,

b) Ensure that ail environmental and public heatth standards protect children
and other vulnerable subpopulations with an adequate margin of safety:
and

c) Develop and use a separate assessment or finding of risks to vulnerable

subpopulations or publish in at least two (2) newspapers of general
circulation an explanation why the separate assessment or finding is not in
used

SEC 5. Reevaluation of Current Public Health and Environmental Standards.
As part of any risk assessment, risk characterization, environmental and public health
standard or regulation, or general regulatory decision carried out by the Secretary, he shall
evaluate and consider the environmental health risks to children and other vuinerabie

subpopulations.

Not later that one (1) year after the date of enactment of this Act, the Secretary shall

a) Develop an administrative strategy and process for reviewing standards:

b) Publish in at least two (2) newspapers of generai circulation a list of
standards that may need revision to ensure the protection of children and
vulnerable subpopulations;

c) Prioritize the list according to the standards that are most important for
expedited review to protect children and vulnerable subpopulations:

d) Identify which standards on the list will require additional research in
order to be reevaluated and outline the time and resources required to
carry out the research:

e) Identify. through public input and peer review, public health and
environmental standards to be re-promulgated on an expedited basis to
meet the criteria of this subsection

f) Propose revised standards that meet the criteria of this subsection not
later than five (5) years after the date of enactment of this title;

9) Complete the revision of all standards in accordance with this subsection

not later that ten (10) years after the date of enactment of this title:


h) Report to Congress on an annual basis, the progress made by the
Secretary in carrying out the objectives and policy of this subsection:

ARTICLE Ill
SAFER ENVIRONMENT FOR CHILDREN

SEC 6. Safer Environment for Children. To ensure a safer environment for children. in not
later than one year after the enactment of this Act. the Secretary shall

a) Identify environmental pollutants commonly used or found in areas that are
reasonably accessible to children;

b) Create a scientifically peer-reviewed list of substances identified under
paragraph one (1) with known, likely or suspected health risks to children:

c) Create a scientifically peer-reviewed list of safer-for-children substances

and products recommended by the Secretary for use in areas that are
reasonably accessible to children, that when applied as recommended by
the manufacturer, will minimize potential risks to children from exposure to
environmental pollutants

4) Establish guidelines to help reduce and eliminate exposure to children to
environmental pollutants in areas reasonably accessible to children.
including advice on how to establish an integrated pest management
program;

e) Create a family right-to-know information kit that includes a summary of
helpful information and guidance to families, such as the information
created under paragraph (3), the guidelines established under paragraph
(4), information on the potential effects of environmental pollutants,
practical suggestions on how parents may reduce their children's exposure
to environmental pollutants, and other relevant information, as determined
by the Secretary in cooperation with the Secretary of Department of

Health;

1) Make all information created pursuant to this subsection available to
government agencies, the public and on the internet, and

a Review and update lists created under paragraphs (2) and (3) at least

once each year:

SEC 7. Compliance in Public Areas that are Reasonably Accessible to Children. Not
later that one year after the list of public areas that are reasonably accessibie to children is
created and made availabie to the public by the Department, the Secretary shall prohibit the
use of any product that has been excluded from the safer-for-children list in State properties
and areas.

ARTICLE IV
RESEARCH TO IMPROVE INFORMATION ON
EFFECTS OF CHILDREN

SEC 8. Toxicity Data. The Secretary of Agriculture and the Secretary of Health shall
coordinate and support the development and implementation of basic and applied research
initiatives to examine the health effects and toxicity of pesticides (including active and inert
ingredients) and other environmental pollutants on children and other vulnerable
subpopulations

SEC 9. Biennial Report. The Secretary of Agriculture and the Secretary of Health shall
submit joint biennial reports to Congress on actions taken to carry out this article

ARTICLE V
FINAL PROVISIONS


SEC 10. Appropriations. The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment into
law and thereafter.

SEC 11. Separability Clause. if any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain

in force and effect

SEC 12. Repealing Clause. Any law, presidential decree or issuance, executive order,
letter of instruction. rule or regulation inconsistent with the provisions of this Act is hereby
repealed or modified accordingly.

SEC 13. Effectivity Clause. This Act shall take effect fifteen (15) days from the date of this
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved