FIFTEENTH CONGRESS OF THE ) :
REPUBLIC OF THE PHILIPPINES ) :
Third Regular Session )

HOUSE of REPRESENTATIVES °
House Bill No. 6836 .

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

EXPLANATORY NOTE

Municipalities, cities as well as countries have been aware with the
negative impact of use of plastic bags in the environment. To avoid its
continued use, ordinance and laws were passed totally banning the use of
plastic bags in supermarkets as well as in other establishments.

However, plastic bags or plastic in itself is not the only dangerous
product to human health and environment—an equally, if not more dangerous
product is the Styrofoam.

Styrofoam is a Dupont trade name for a substance more generically
referred to as polystyrene, a petroleum-based plastic. Polystyrene is very light
weight, because it is produced with air filling 95 percent of its bulk.
Polystyrene’s airy composition makes it a very good insulator, which is why it is
used extensively in disposable coolers and disposable cups for hot drinks.
However, some dangers exist in using this airy plastic.!

‘The substance in polystyrene that generates the most concern is styrene.
Styrene is the main ingredient in polystyrene, and is used in the manufacture
of numerous other products. Styrene is a possible carcinogen, according to the
United States Environmental Protection Agency. Workers producing
polystyrene and other styrene products have reported acute problems as well,
including headaches, skin and eye irritation, breathing problems and
gastrointestinal maladies. Some central nervous system issues have also been
identified, including depression after chronic exposure?

Further, along with the health risks associated with the manufacture of
products that use polystyrene, The National Bureau of Standards Center for
Fire Research noted 57 chemical by-products released during the creation of
Styrofoam. This not only pollutes the air, but also produces loads of liquid and
solid waste that need disposal. The brominated flame retardants that are used

; What Are the Dangers of Styrofoam? By: Stanley Goff, eHow (health} Contributor
ibid.


on Styrofoam are also causing concern, and some research suggests that these
chemicals might have negative environmental and health effects.

A 1986 EPA report on solid waste named the polystyrene manufacturing
Process as the fifth largest creator of hazardous waste in the United States. In
the product manufacturing process as well as the use and disposal of the
products, energy consumption, greenhouse gas effect, and total environmental
effect, polystyrene’s environmental impacts were second highest, behind
aluminium, according to the California Integrated Waste Management Board.*

Extruded polystyrene is usually made with hydro chiorofluorocarbons
blowing agents which have effects on ozone depletion and on global warming.
Their ozone depletion potential is greatly reduced relative to
chlorofluorocarbons which were formerly used, but it still has 1000 times
greater effect on global warming than carbon dioxide.

Styrofoam appears to last forever, as it is resistant to photolysis, or the
breaking down of materials by protons originating from a light source. This,
combined with the fact that Styrofoam is lightweight and therefore floats,
means that over time a great deal of polystyrene has accumulated along coasts
and waterways around the world. It is now considered the main component of
marine debris.

Considering the foregoing facts, and to have the same awareness as to
the effects of the use of plastic bags, the best way to eradicate styrofoam waste,
is to completely ban its usage by establishments. To help save the
environment, it is imperative upon the State to promote the use of any
alternative to styrofoam.

In view of the foregoing, the passage of this bill is earnestly sought.

Naga

MA. THERESA BONOAN-DAVID
4th District, City of Manila

3 How Styrofoam is Bad for the Environment, By: Karen Frazier (love to know green living)
‘The Dangers Of Polystyrene, By Future Centre Trust, July 6, 2010

5 iva.

* How Styrofoam is Bad for the Environment, By: Karen Frazier {love to know green living)


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

HOUSE of REPRESENTATIVES
House Bill No.6836

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

AN ACT BANNING THE USE OF STYROFOAM IN FASTFOOD
CHAINS, RESTAURANTS AND OTHER FOOD
ESTABLISHMENTS, AS WELL AS THE SALE OF THE SAME IN
ALL RETAIL ESTABLISHMENTS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF

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

SECTION 1. Short Title. - This Act shall be known as the "Total Styrofoam Ban
Act of 2012.”

SECTION 2. Declaration of Policy. - It is the policy of the State to afford full
protection and the advancement of the right of the people to a healthful ecology
in accord with the rhyttim and harmony of nature.

SECTION 3, Definition of Term. - As used in this Act, the following terms shall
mean:
“Styrofoam” - means any product produced with the use of polystyrene, a
petroleum-based plastic

SECTION 4. Prohibitions. - Groceries, supermarkets, public markets,
restaurants, fast food chains, department stores, retail stores and other similar
establishments are hereby prohibited from selling and using styrofoam in any
form and kind and for whatever purpose.

SECTION 8. Establishments caught using or selling styrofoam shall be
penalized as follows:
First Offense: A fine of ten thousand pesos (P10,000}

Second Offense: A fine of fifty thousand pesos (P50,000)


Third Offense: A fine of two hundred thousand pesos (P200,000)
and the suspension of their Business Permit for a
period of one year.

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 partner/s for limited partnerships;
upon the branch manager of a particular offending business establishment;
and solidarily upon the president, vice-president, corporate officers as well as
the chief operating officer 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. 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.

SECTION 6. - The Market Supervisors are hereby deputized to implement the
provisions of this Act in the public markets under their jurisdiction.

SECTION 7. Implementing Rules. - The Department of Environment and
Natural Resources, Department of Interior and Local Government, and the
Department of Trade and Industry shall promulgate the implementing rules
and regulations of this Act after consultation with consumer groups, styrofoam
producers and other affected groups.

SECTION 8. - The Department of Science and Technology is hereby tasked
with assisting styrofoam manufacturers in acquiring the appropriate
technology required in the manufacture of recyclable and/or biodegradable
materials that can serve as a replacement for the use of styrofoam

SECTION 9. Annual Report to Congress. - The Secretary of Environment and
Natural Resources shall submit to both Houses of Congress a report within one
year from the effectivity of this Act, and every year thereafter, on the
implementation of this Act.

SECTION 10. Separability Clause. - If any provision of this Act is declared
unconstitutional, the other provisions not affected thereby shall remain valid.

SECTION 11, Repealing Clause. - All laws, presidential decrees and other
executive issuances, rules and regulations or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 12. This Act shall take effect fifteen (15) days from its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.