, , 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S,RNo. 2565 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'I') 
JAN -7 P 4 :04 
PROVIDING FOR THE REDUCTION OF METALS IN PACKAGING 
EXPLANATORY NOTE 
The Constitution, Article 2 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 concern 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. I 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
1 ,L' I l' 
Ilfjlllir \ r':r :;:-nll'f:HU 
Second Regular Session 
) 
SENATE 
2565 
'15 
JAN -7 P4 :04 
S. B. No. _-=-"<....>~ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
! ' t 
, 
1" t" 
PROVIDING FOR THE REDUCTION OF METALS IN PACKAGING 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Reduction of Metals 
2 
in Packaging Act of2014." 
3 
SECTION 2. Definitions. -As used in this Act, the term: 
4 
(A) "Package" means a container providing a means of marketing, protecting, or 
5 
handling a product and includes a unit package, an intermediate package, and 
6 
a shipping container as defined in ASTM D996, and unsealed receptacles 
7 
such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers 
8 
and wrapping films, bags, and tubs; 
9 
(B) "Distributor" means any person, firm, or corporation who takes title to goods 
10 
purchased for resale; 
11 
(C) "Packaging component" means any individual assembled part of package 
12 
such as, but not limited to, any interior or exterior blocking, bracing, 
13 
cushioning, weatherproofing, exterior strapping, coating, closures, inks, and 
14 
labels; 
15 
(D) "Department" means the Department of Trade and Industry; and 
16 
(E) "Secretary" means the Secretary of the Department of Trade and Industry. 
1 


SECTION 3. Prohibition/Schedule for Removal of Incident Amounts. - (A) The 
2 
Secretary of the Department of Trade and Industry shall issue such regulations as may be 
3 
necessary to require, not later than two (2) years after the date of the enactment of this 
4 
Act, that no package or packaging component, inks, dyes, pigments, adhesives, 
5 
stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium 
6 
which has been intentionally introduced as an element during manufacturing or 
7 
distribution as opposed to the incidental presence of any of these elements. 
8 
(B) For purposes of such regulations, the sum of the concentration levels of lead, 
9 
cadmium, mercury, hexavalent chromium present in any package or packaging 
10 
component shall not exceed the following: 
11 
(1) 600 parts per million by weight (0.06%) effective two (2) years after the 
12 
date of the enactment of this Act; 
13 
(2) Two Hundred Fifty (250) parts per million by weight (0.025%) effective 
14 
three (3) years after the date of the enactment of this Act; and 
15 
(3) One Hundred (100) per million by weight (0.01 %) effective four (4) 
16 
years after the date of the enactment of this Act. 
17 
SECTION 4. Exemptions. - (A) Such regulations shall be applicable to all 
18 
packages and packaging components except the following: 
19 
(1) Those packages or package components with a code indicating date of 
20 
manufacture that were manufactured prior to the effective date of this 
21 
statute; 
22 
(2) Those packages or package components to which lead, cadmium, 
23 
mercury 
or 
hexavalent chromium 
have 
been 
added 
in 
the 
24 
manufacturing, forming, printing, or distribution process in order to 
25 
comply with health or safety requirements of Philippine law or for 
2 


1 
which there is no feasible alternative, except that the manufacturer of a 
2 
package or packaging component must petition the Department for any 
3 
exemption from the provisions of this subsection for a particular 
4 
package or packaging component based upon either criterion. 
5 
The Secretary may grant a two (2) year exemption if warranted 
6 
by the circumstances. Such an exemption may, upon meeting either 
7 
criterion of this subsection, be renewed for two (2) years. 
8 
For purposes of this paragraph, a use for which there is no 
9 
feasible alternative is one in which the regulated substance is essential 
10 
to the protection, safe handling, or function of the package's contents; or 
11 
(3) Packages and packaging components that would not exceed the 
12 
maximum contaminant levels set forth in paragraph (C) of Section 3 of 
13 
this Act but for the addition of post-consumer materials. 
14 
(B) The provision of paragraph (A) shall be of no effect on and after the expiration 
15 
of the 72-month period following the date of enactment of this Act. 
16 
SECTION 5. Certificate of Compliance. - (A) Such regulation shall require, not 
17 
later than two (2) years after the date of the enactment of this Act, a Certificate of 
18 
Compliance stating that a package or packaging component is in compliance with the 
19 
requirements of this Act shall be furnished by the manufacturer or supplier of such 
20 
package or component to its purchaser. Where compliance is achieved under the 
21 
exemptions provided in paragraph (2) or (3) of Section 4, the Certificate shall state the 
22 
specific basis upon which the exemption is claimed. The Certificate of Compliance shall 
23 
be signed by an authorized official of the manufacturing or supplying company. The 
24 
purchaser shall retain the Certificate of Compliance for as long as the package or 
25 
packaging component is in use. A copy of the Certificate of Compliance shall be kept on 
26 
the file by the manufacturer or supplier of the package or packaging component. 
3 


1 
Certificates of compliance, or copies thereof, shall be furnished to the Department upon 
2 
its request and to members of the public in accordance with Section 8. 
3 
(B) If the manufacturer or supplier of the package of packaging component 
4 
reformulates or creates a new package or packaging component, the manufacturer or 
5 
supplier shall provide an amend or new Certificate of Compliance for the reformulated or 
6 
new package of packaging component. 
7 
SECTION 6. Penalty. ~ Whenever on the basis of any information the Secretary 
8 
determines that any person has violated or is in violation of this Act, the Secretary may 
9 
issue an order assessing a civil penalty in an amount not to exceed Two Hundred Fifty 
10 
Thousand Pesos (P250,OOO.OO). 
11 
SECTION 7. Review by Department. 
~ The Secretary shall review the 
12 
effectiveness of this Act no later than forty-two (42) months after the date of its 
13 
enactment and shall report to the Congress the results of such review. The report may 
14 
contain recommendations to add other toxic substances contained in packaging to the list 
15 
set forth of this Act in order to further reduce the toxicity of packaging waste, and shall 
16 
contain a recommendation whether to continue the recycling exemption as it is provided 
17 
for in paragraph (C) of Section 4 of this Act, and a description of the nature of paragraph 
18 
(C) of Section of this Act, and a description of the nature of the substitutes used in lien of 
19 
lead, mercury, cadmium and hexavalent chromium. 
20 
SECTION 8. Public Access. ~ Any request from a member of the public for a copy 
21 
of any Certificate of Compliance from the manufacturer of supplier of a package or 
22 
packaging component shall be: 
23 
(A) Made in writing with a copy provided to the Secretary of the Department of 
24 
Trade and Industry; 
4 


1 
(B) Made specific as to package or packaging component information requested; 
2 
and 
3 
(C) Responded to by the manufacturer or supplier within sixty (60) days. 
4 
SECTION 9. Non-Preemption. - Nothing in this Act shall be construed so as to 
5 
prohibit the Department from enacting and enforcing a standard or requirement with 
6 
respect to toxic metals in packaging that is more stringent than a standard or requirement 
7 
relating to toxic metals in packaging established or promulgated under this Act. 
8 
SECTION 10. Separability Clause. - If any provision or part hereof, is held 
9 
invalid or unconstitutional, the remainder of the law of the provision not otherwise 
10 
affected shall remain valid and subsisting. 
11 
SECTION 11. Repealing Clause. - Any law, presidential decree or Issuance, 
12 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
13 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
14 
accordingly. 
15 
SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days 
16 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
/dpmNov2014 
5