EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Third Regular Session
)
)
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SENATE 
S.B. NO. 2401
(In Substitution of SB No. 1320)
RECEIVED
E-FILED
12 date: -SeP.tlS 202 
1:20 p.m.
time;
Prepared by the Committees on Trade, Commerce and Entrepreneurship; and Health 
and Demography with Senators Binay and Pimentel III as authors thereof.
AN ACT
PROHIBITING THE USE OF BPA AND PFAS IN BABY FOOD PACKAGING 
AND CONTAINERS, AND OTHER CHILD CARE ARTICLES
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembled:
tNoex
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Section 1. Short r/f/e. - This Act shall be known as the "BPA and PFAS in Child 
Care Articles Prohibition Act."
Sec. 2. Declaration of Policy. - It shall be the policy of the State to protect 
and promote the right to health of the people and instill health consciousness among 
them. It is also the policy of the State to protect consumers, especially children, from 
trade malpractices and substandard or hazardous products.
Sec. 3. Definitions. - As used in this Act, the following terms shall mean:
(a) Baby Food - prepared food consisting of soft paste or an easily chewed 
food that is intended for consumption by infants and children ages three 
(3) years old and below.


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(b) 
BPA or Bisphernol A - an industrial chemical compound C15H1602 that
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is a component especially of hard plastics (such as polycarbonate) and
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epoxy resins.
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(c) 
Baby Food or Beverage Container - a receptacle for storing baby food or
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beverages, including baby bottles and spill proof cups. It may be
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reusable or disposable once used.
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(d) 
Child Care Article - a consumer product designed or intended by a
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manufacturer for the feeding of children, to facilitate sleep or to help
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children with sucking or teething. This includes baby food packaging,
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containers and other baby products.
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(e) 
Codex Alimentarius - Also known as "Food Code", it is a collection of
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international standards, guidelines, and codes of practice to protect the
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health of consumers, harmonize national food safety regulations, and
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ensure fair practices in the food trade.
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(f) 
Infant Formula - breast milk substitutes formulated industrially in
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accordance with applicable Codex Alimentarius standards to satisfy the
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normal nutritional requirements of infants between four (4) to six (6)
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months of age adapted to their physiological characteristics. It may be
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a milk-based or soy-based powder, concentrated liquid or ready-to-feed
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substitute for human breast milk, that is intended for infant
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consumption.
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(g) 
Per- and Polyfluoroalkyl Substances or PFAS - group of man-made
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chemicals that includes Perfluorooctanoic Acid (PFOA), Perfluorooctane
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sulfonic add (PFOS), GenX - a synthetic, short-chain organofluorine
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chemical compound, and many other chemicals which are used in food
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packaging, commercial household products, drinking water, industrial
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facilities and living organisms.
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Sec. 4. Ban on Harmful Chemicals in Child Care Articles. - No person or
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entity shall manufacture, sell, import or distribute in commerce:
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(a) 
Any baby food or beverage packaging, container, or child care article
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containing BPA or PFAS; and


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[b] Any infant formula or baby food stored in packaging, container, or child 
care article containing BPA or PFAS.
Sec. 5. Creation of Information System on BPA and other Harmfui and 
Toxic Chemicais. - The Food and Drug Administration (FDA) shall create an 
information system that can be accessed by the public containing all information about 
BPA, PFAS and other harmful and toxic chemicals that can be found in food and 
beverage containers, child care articles, and issuances and regulations related thereto.
Sec. 6. Public Information on BPA, - The Department of Trade and Industry 
(DTI), in coordination with the Department of Health (DOH), and the Philippine 
Information Agency (PIA), shall develop a public information and communication 
campaign about BPA, PFAS and other harmful and toxic chemicals found in child care 
articles and other baby products.
Sec. 7. Penalties for Violations. - Whenever it is found that a baby food or 
beverage packaging, container, or child care article contains BPA or PFAS, or when an 
infant formula or baby food is stored in a container or packaging containing BPA or 
PFAS, the DTI shall, after due notice and hearing, make the appropriate order for its 
recall, prohibition, or seizure from public sale or distribution.
Any person natural or juridical, who shall violate Section 4 of 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 the injurious baby food or beverage 
packaging, container, or child care article containing BPA or PFAS is a foreigner, he 
shall be deported after service of sentence and payment of fine without further 
deportation proceedings.


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Sec. 8. Phase-Out Period. - All concerned stakeholders and establishments 
shall be given six (6) months from the effectivity of this Act, to recall from the market 
their baby food packaging and containers, and other child care articles that contain 
BPA or PFAS.
Sec. 9. Implementing Agency. - The DTI, as the lead agency, in coordination 
with DOH and the Department of Interior and Local Government (DILG), shall enforce 
the provisions of this Act.
Sec. 10. Separability Clause. - Should any provision or part of this Act be 
declared unconstitutional or invalid, the other provisions and parts hereof, insofar as 
they are separable from the invalid ones, shall remain in full force and effect.
Sec. 11. Repealing Clause. - All laws, decrees, orders, issuances, rules and 
regulations or parts thereof which are inconsistent with this Act are hereby repealed 
or modified accordingly.
Sec. 12. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette and in at least two (2) newspapers of general 
circulation.
Approved,