SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENA;!1816 
S.No. ___ _ 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
JUN ··8 P 4 :21 
PREVENTING THE MANUFACTURE OR IMPORTATION OF 
PRODUCTS WITH TOXIC AND HAZARDOUS PACKAGING 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
The State shall protect and promote the right to health of the people 
and instill health consciousness among them. 
Consumer goods packaging makes up a significant portion of waste going to the 
solid waste landfills of our country. Packaging containing toxic substances, especially 
heavy metals, lead, cadmium, mercury and hexavalent chromium, can release those 
poisonous or dangerous substances, contaminating the soil and groundwater surrounding 
the landfill. 
Current scientific evidence indicates that lead, cadmium, mercury and hexavalent 
chromium can present serious health risks. Lead is a carcinogen that can harm the 
kidneys, cardiovascular, gastrointestinal and reproductive systems. In children, lead can 
affect intelligence, short term memory, reading abilities, and motor skills. Cadmium can 
lead to kidney disease, lung damage, fragile bones, and stomach irritations. Cadmium is 
also known to cause cancer and reproductive harm. Mercury poisoning can damage the 
central nervous system, kidneys and liver, as well as contribute to birth defects. 
Hexavalent chromium, a human carcinogen, can cause kidney and liver damage; nasal, 
skin and stomach irritations; and convulsions. Exposure to high levels of both cadmium 
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and hexavalent chromium can even lead to death. While exposure to these metals may be 
a health risk, these metals are often found in inks, labels, dyes, pigments, adhesives, 
stabilizers, and other packaging additives. 
This bill seeks to reduce the toxicity in packaging without discouraging the use of 
recycled materials in packaging production to further protect human health and the 
environment. l 
I This bill was originally filed in the Fourteenth Congress, First Regular Session, and refiled 
during the Fifteenth Congress, First Regular Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2816 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
JUN-8 P4:21 
PREVENTING THE MANUFACTURE OR IMPORTATION OF 
PRODUCTS WITH TOXIC AND HAZARDOUS PACKAGING 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Toxic Packaging 
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Prevention Act." 
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SECTION 2. Definition of Terms. - For purposes of this Act, the term: 
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(A) "Incidental presence" is when one or more of the regulated metals is an 
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unintended or undesired ingredient of the packaging; 
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(B) "Intentional introduction" refers to the deliberate use of the metals as 
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ingredients in the manufacturing or distributing process; 
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(C) "Package" refers to any container used for marketing, protecting, or handling a 
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product. This also includes unsealed containers, such as carrying cases, crates, cups, 
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pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs; 
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(D) "Packaging" includes packages and packaging components; and 
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(E) "Packaging component" refers to any assembled part of a package, not 
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necessarily limited to any interior or exterior additives. The package component is one 
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produced either domestically or internationally. 
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SECTION 3. Prohibited Metals. - The following metals are prohibited from being 
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used in any kind of packaging unless their combined presence is incidental to the 
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manufacturing or distribution and is not more than 100 parts per million (ppm) by weight: 
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(A) Lead; 
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(B) Cadmium; 
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(C) Mercury; 
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(D) Hexavalent Chromium. 
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SECTION 4. Compliance Requirements. - Within six months from the effectivity 
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of this Act, manufacturers and suppliers of packaging are required to self-certify in a 
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written statement to the Department of Health that their packaging meets the 
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requirements of this Act. 
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SECTION 5. Enforcement. - The Department of Health is the lead agency in 
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enforcing this Act through inspections, records review and enforcement authority to 
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impose penalties on violators of this Act. 
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SECTION 6. Penalties. - The Department of Health is empowered to establish 
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and assess penalties or fines against a manufacturer or supplier for violations of this Act 
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or regulations adopted under this Act. In no circumstance will any penalties or fines 
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exceed Pol 0,000 for each day the manufacturer or supplier remains in violation in the case 
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of the incidental presence of the prohibited metals. The intentional introduction of any of 
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the prohibited metals under this Act to the packaging of any product shall suffer the 
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penalty of arresto mayor in its maximum period and a fine ofPo50,000. 
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SECTION 7. Separability Clause. - If any provision of this Act is held invalid or 
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unconstitutional, the same shall not affect the validity and effectivity of the other 
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provisions hereof. 
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1 
SECTION 8. Repealing Clause. - All laws, decrees, orders, and issuances, or 
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portions thereof, which are inconsistent with the provisions of this Act, are hereby 
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repealed, amended or modified accordingly. 
4 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
Itdp4June2015 
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