Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6335

Introduced by Rep. ANGELO MARCOS BARBA
24 District, Ilocos Norte

EXPLANATORY NOTE

Hazardous chemicals in children’s products are of significant concern.
Last year, the Food and Drug Administration (FDA) issued a circular banning
Bisphenol A (BPA) from infant feeding bottles and sippy cups as child care
article products because it affects the development of the nervous, immune
and reproductive system. It is also considered as an endocrine disruptor which
can alter the hormonal system of the human body.' In 2018, the FDA found
unacceptable levels of lead, cadmium, and mercury in some school supply
products, such as pencils, crayons, and fabric paint pens?.

According to the US Consumer Product Safety Commission (CPSC), lead
exposure in children may have long-lasting or permanent consequences, such
as neurological damage, delayed mental and physical development, attention
and learning deficiencies, impairment of cognitive functions of the brain, and
hearing problems.s

The World Health Organization and the Department of Health have time
and again warned the public of the effects of hazardous chemicals in children’s
products. The Department of Trade and Industry, on the other hand, has
reminded the public to check the labels of children’s products before
purchasing.

While the government has responded through regulatory measures to
increase restrictions on the use of certain toxic chemicals and demanded
accountability from importers, manufacturers, distributors, and sellers, it is
still not enough. It is high time stricter measures are put in place by outrightly
banning the importation, manufacture, distribution, and sale of children’s
products containing hazardous chemicals in the Philippines and providing
stiffer penalties for the violation thereof.

2 FDA Circular No. 2019-04

2 Press Release (June 6, 2019), DOH WARNS PARENTS VS. BUYING TOXIC SCHOOL SUPPLIES. Department of
Health. Retrieved from https://www.doh.gov-ph/node/17433 on February 18, 2020.

» Press Release (June 6, 2019, DOH WARNS PARENTS VS. BUYING TOXIC SCHOOL SUPPLIES. Department of
Health. Retrieved from https://www.doh.gov.ph/node/17433 on February 18, 2020.


This measure will therefore enable the State to further protect and
promote the physical, mental, and social well-being of our children.

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

ANGELO COS BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. pean

Introduced by Rep. ANGELO MARCOS BARBA
2m District, locos Norte

AN ACT PROHIBITING THE IMPORTATION, MANUFACTURE,
DISTRIBUTION AND SALE OF CHILDREN’S PRODUCTS
CONTAINING HAZARDOUS CHEMICALS, AND PROVIDING
PENALTIES FOR VIOLATION THEREOF

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

SECTION 1. Short Title. — This Act shall be known as the “Safe and
Non-Hazardous Children’s Products Act”.

SECTION 2. Declaration of Policy. — It is hereby declared the policy of
the State to protect and promote the physical, mental, and social well-being of
children, Toward this end, the State shall prohibit the importation,
manufacture, distribution and sale of children’s products containing
hazardous chemicals.

SECTION 3. Definition of Terms. — As used in this Act:

a. Children — refer to persons under eighteen (18) years of age or those
over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination
because of physical or mental disability or condition;

b. Children’s products — refer to any product or material, whether or not
likely to be put by children inside their mouths. These include
children’s toys, educational kits, school supplies and childcare articles
defined under Republic Act No. 9711 of the Food and Drug
Administration Act of 2009; non-conventional toys such as electronic
gadgets, mobile phones tables and pocket game consoles; mechanized
or electronic toys such as the hover board; furnishings and fixtures,
like cribs, tables, chairs, shelves, walkers or strollers, decorative items
for children’s use; indoor and outdoor playground equipment;
children’s books, reference materials and children’s accessories;

c. Distribution or Sale — refers to an act made by a manufacturer or
seller, or the respective representative or agent to make available
consumer products, services or credit to consumers under a consumer


sale transaction. It shall not include sampling or any other form of
distribution which are not for sale;

. Distributor - refers to any entity to which the children’s product is
delivered or sold for purposes of distribution in commerce or any
entity which repackages children’s products under a different trade
name or trademark with permission from the original legal distributor:
Provided, That such term does not include a manufacturer or retailer
of such product;

e. Hazardous chemical — refers to any substance or mixture of
substances which is a physical or health hazard such as toxic agent,
corrosive substance, an irritant, a strong sensitizer, flammable or
combustible substances, any substance or chemical that can generate
pressure through decomposition, heat or other means; or agents which
act on the hematopoietic system, or, which damage the lungs, skin,
eyes, or mucous membranes, or cause any substantial injury or illness
during or as a proximate result of any customary or reasonably
foreseeable ingestion by children. It also includes substances which
have been determined to be in one or more of the following categories
of the United Nations Globally Harmonized System (GHS) for
classification and labeling of chemicals:

. Flammable liquids and solids: Category 1
.. Explosives: Category 1.1
. Acute toxicity (oral, dermal, inhalation): Category 1
. Eye irritation/corrosivity: Category 1
Dermal irritation /corrosivity: Category 1
Mutagenicity: Category 1A
Carcinogenicity: Category 1A
. Reproductive toxicity: Category 1A
9. Acute/chronic aquatic toxicity: Category 1A

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f. Importation — refers to the entry of a children’s product into the
Philippines, through seaports or airports of entry, whether already
properly cleared through or still remaining under customs control,
which is intended for direct consumption, merchandising,
warehousing or for further processing;

g. Manufacturer — refers to any establishment that assembles or
processes children’s products: Provided, That if such products are
manufactured, assembled or processed for another establishment that
attaches its own brand name to the products, the latter shall be
deemed the manufacturer. In case of imported products under this Act,
the manufacturer, manufacturer's designated representative or, in the
absence of one of those parties, the importer shall be deemed the
manufacturer; and

SECTION 4. Scope. — This Act shall apply to the importation,
manufacture, distribution or sale of children’s products containing hazardous


chemicals as defined in Section 3 (b) hereof that are imported, manufactured,
distributed or sold in the Philippines.

SECTION 5. List of Hazardous Chemicals. - Within three (3) months
from the effectivity of this Act, the FDA, in coordination with the
Environmental Management Bureau (EMB) of the Department of
Environment and Natural Resources (DENR), shall prepare a list of hazardous
chemicals which are banned or prohibited from being used in the manufacture,
production, and preparation of children’s products. Maximum levels and
limits and reference values for certain chemicals used for this purpose shall
also be specifically and clearly identified.

Hazardous chemicals deemed most harmful to children and commonly
used in the manufacture and production of children’s products shall include
the following:

a. Toxic Metals

. Antimony
Arsenic
Cadmium
Chromium
Cobalt
Lead
Mercury

. Nickel

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b. Phthalates — when used in the manufacture and production of products
covered under this Act, include:

. Di (2-Ethylhexyl) Phthalate (DEHP)
.. Dibutyl Phthalate (DBP)

. Benzyl Butyl Phthalate (BBP)

. Diisononyl Phthalate (DINP)

. Diisodecyl Phthalate (DIDP)

. Di-N-Octyl Phthalate (DNOP)

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c. Bisphenol-A (BPA)

The list of additional hazardous chemicals shall be reviewed and updated at
least every two (2) years, or as soon as new chemicals or substances are
uncovered to be injurious, dangerous or unsafe to children’s health.

SECTION 6. Prohibited Acts. — The following acts are prohibited:

a. Importation, manufacture, distribution and sale of children’s products
containing more that the allowable level of substances listed in the
preceding section;

b. Intentional misrepresentation or concealment of significant data or
information about children’s products sought for certification;


c. Importation, manufacture, distribution, sale, labeling or operation
without license or registration;

d. Non-compliance with the standards and requirements of the DOH on
the importation, manufacture, distribution or sale of children’s
products; and

e. Refusal to allow required inspections as determined by the DOH.

SECTION 7. Penalties. - Any person who shall commit any of the
prohibited acts under Section 6 shall, upon conviction, suffer the penalty of
imprisonment ranging from one (1) year but not more than ten (10) years or a
fine of not less than Fifty thousand pesos (PhP50,000.00) but not more than
Five hundred thousand pesos (PhP500,000.00) or both at the discretion of
the court and in accordance with Section 11 of the Food and Drug
Administration (FDA) Act of 2009: Provided, That if the offender is a
manufacturer, importer or distributor of any product covered under this Act,
the penalty of at least five (5) years imprisonment but not more than Five
million pesos (PhP5,000,000.00) shall be imposed: Provided further, That an
additional fine of one percent (1%) of the economic value/cost of the violative
product or violation, or One thousand pesos (PhP1,000.00), whichever is
higher, shall be imposed for each day of continuing violation after reasonable
notice of such violation.

Should the offense be committed by a juridical person, the Chairperson of
the Board of Directors, the president, general manager or the partners, and/or
persons directly responsible therefore shall be penalized.

Should the offense be committed by a foreign national, the person shall, in
addition to the penalties prescribed, be deported without further proceedings
after service of sentence.

SECTION 8. Separability Clause. — If, for any reason, any section or
provision of this Act shall be deemed unconstitutional or invalid, the other
sections or provisions hereof shall not be affected and shall remain in force
and effect.

SECTION 9. Repealing Clause. — All laws, decrees, executive orders,
memorandum circulars inconsistent with the provisions of this Act are hereby
amended, repealed or modified accordingly.

SECTION 10. Effectivity. — This act shall take effect fifteen (15) days

after its publication in the Official Gazette or a newspaper of general
circulation.

Approved,