FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
7 JUL 4 i'i, :' 5 
SENATE 
WED BY :I 
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Senate Bill No. 971 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The Constitution provides that: 
Article 2, Section 14. The State shall protect and promote the right 
to health of the people and instill health consciousness among them. 
Article 2, 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 the 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. 
The purpose of this Act is 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. 


FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 971 
INTRODUCED BY HON. MANNY VILLAR 
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 
SECTION 1. Short Title - This Act shall be known as the “Reduction of Metals in 
Congress assembled: 
Packaging Act.” 
SECTION 2. Definitions -As used in this Act, the term: 
(1) ”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: 
(2) “distributor” means any person, firm, or corporation who takes title to goods 
purchased for resale: 
(3) “packaging component“ means any individual assembled part of a package 
such as, but not limited to any interior or exterior blocking, bracing, 
cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and 
labels: 
(4) “Department” means the Department of Trade and Industry; and 
(5) “Secretary” means the Secretary of the Department of Trade and Industry. 


SECTION 3. ProhibitionlSchedule For Removal of Incidental Amounts - (a) The 
Secretary of the Department of Trade and Industry shall issue such regulations as may 
be necessary to require, not later than 2 years after the date of the enactment of this 
Act, that no package or packaging component shall be offered for sale or for 
promotional purposes by its manufacturer or distributor anywhere in the Philippines, 
which includes, in the package itself or in any 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) Such regulations shall further provide that not later than 2 years after the date 
of the enactment of this Act, no product shall be offered for sale or for promotional 
purposes by its manufacturer or distributor anywhere in the Philippines, in a package 
which includes in the package itself or in any of its packaging components inks, dyes, 
pigments, adhesives, stabilizers, or any other additives any lead, cadmium, mercury, or 
hexavalent chromium which has bee intentionally introduced as an element during 
manufacturing or distribution as opposed to the incidental presence of any of these 
elements. 
(c) 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) 250 parts per million by weight (0.025%) effective three (3) years after the 
date of the enactment of this Act: and 
(3) 100 parts per million by weight (0.01%) effective four (4) years after the date 
of the enactmerlt of this Act. 
SECTION 4. Exemptions - (a) Such regulations shall be applicable to all 
packages and packaging components except the following: 


(9) those packages or package components with a code indicating date of 
manufacture that were manufactured prior to the effective date of this statue; 
(2) those packages or packaging 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 2-year exemption if warranted by 
the circumstances. Such an exemption may, upon meeting either criterion of 
this subsection, be renewed for 2 years. 
For purposes of this subsection, a use for which there is no 
alternative is one in which the regulated substance is essential to 
feasible 
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 subsection (c) of Section 3 of this Act but for 
the addition of post-consumer materials. 
(b) The provisions of subsection (a) shall be of no effect on and after the 
expiration of the 72-month period following the date of the enactment of this Act. 
SECTION 5. Certificate of Compliance - (a) Such regulation shall requires not 
later than 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) be furnished by the manufacturer or supplier of such package 
or component to its purchaser. Where compliance is achieved under the exemptions 
provided in subsection (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 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. 
(b) If the manufacturer or supplier of the package or packaging component 
reformulates or creates a new package or packaging component, the manufacturer or 
supplier shall provide an amended 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 P250,OOO. 
SECTION 7. - Review By Department - The Secretary shall review the 
effectiveness of this Act no late than 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 in 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 subsection (c) of Section 1 of this Act, and a description of the nature of the 
substitutes used in lieu 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 or supplier of a package or 
packaging component shall be: 
(1) made in writing with a copy provided to the Secretary of the Department of 
Trade and Industry; 
(2) made specific as to package or packaging component information requested; 
and 
(3) responded to by the manufacturer or supplier within 60 days. 
SECTION 9. Non-Preemption - Nothing in this Act shall 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 I O .  Separability Clause - If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision 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 provision of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 12. Effectivity Clause -This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspaper or general circulation. 
Approved,