THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
S E N A T E  
S. B. No. 
11470 
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Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
Mercury is a persistent, bioaccumulative heavy metal that poses a significant risk to 
human health, wildlife, and the environment. 
Unfortunately, mercury discharges into the atmosphere and surface oceans have 
increased two-to-five fold since the beginning of the industrialized period due to human 
activities. Substantial evidence is accumulating that exposure to methyl-mercury is widespread in 
the general public and occurring at higher than health-based levels of concern according to the 
World Health Organization. Fish and seafood caught or sold in the Philippines are contaminated 
with methyl-mercury a toxic element that may cause neurological damage and other health- 
related problems as a result of fish or seafood consumption. 
Evidence is continuing to emerge linking increased risk of coronary heart disease to 
mercury exposure, as presented in at least 2 peer reviewed studies. 
Sadly, health advisory information on mercury-contaminated fish, which is necessary to 
protect public health, is not widely known by the government. This lack of awareness potentially 
threatens tens of millions of Filipinos who may unknowingly ingest harmful amounts of mercury 
because they are not aware of exposure risks from consumption of freshwater fish and seafood 
The proposed measure is filed aims to address this problem by providing the public with 
adequate notice and education on the effects of exposure to mercury, through the development of 
health advisories and by requiring that such appropriate advisories be posted, or made readily 
available, at all businesses that sell fresh, frozen, and canned fish and seafood where the potential 
for mercury exposure exists. 
Hence, immediate passage of this bill is earnestly sought. 
&& bJ--y$G 
L k  
LUISA “LOI” P. JERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
1 
S. B. No. 
1’77 
Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
AN ACT 
PROVIDING THE PUBLIC WITH ADEQUATE NOTICE AND EDUCATION ON THE 
EFFECTS OF EXPOSURE TO MERCURY THROUGH THE DEVELOPMENT OF 
HEALTH ADVISORIES AND BY mQUIRING THAT SUCH APPROPRIATE 
ADVISORIES BE POSTED, OR MADE READILY AVAILABLE, AT ALL BUSINESSES 
THAT SELL FRESH, FROZEN, AND CANNED FISH AND SEAFOOD WHERE THE 
POTENTIAL FOR MERCURY EXPOSURE EXISTS 
Be it enacted by thesenate and the House of Representatives of the Philippines in Congress 
Assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “Mercury Health Advisory 
Act” 
SECTION 2. Purposes - The purposes of this Act are to-- 
1. 
ensure that the public is adequately informed about the potential adverse effects of 
mercury exposure through the consumption of fish products; 
2. 
require the Secretary of Health to work cooperatively with other government 
agencies, as well as nonprofit organizations, to create appropriate advisories for the 
distribution to the public of explanations of the potential adverse effects of mercury 
exposure from fish consumption; 


3. 
require the Bureau of Food and Drug Administration to resume its seafood methyl- 
mercury monitoring program to better document mercury levels in various fish 
species sold in commerce; 
4. 
require the Secretary of Health, in cooperation with private and public organizations, 
to design and implement a National Public Education Program regarding the presence 
of methyl-mercury in seafood and fish consumption advisories for methyl-mercury; 
and 
5. 
require the Secretary o f  Environment and Natural Resources t o  annually prepare a 
report on the impacts of mercury on human health and the environment. 
SECTION 3. Advisory Notices . 
1. 
Consumer Mercury Advisory Notice- 
(1) In general- The Department of Environment and Natural Resources, in 
coordination with the Department of Health, shall jointly develop fish 
consumption advisories for methyl-mercury in fish. Such advisories shall he 
based on appropriate Reference Dose €or-- 
(A) the general population; 
(J3) sensitive populations; and 
(C) populations consuming above average amounts of fish. 
(2) Consumer's notice- The Secretary o f  Health shall prepare a consumer's 
mercury advisory notice. Such notice shall be distrihuted widely by the Secretary, 
at no cost, to health professionals, particularly medical offices that provide 
gynecological, obstetrical, or pediatric care, and to the extent practicable shall be 


made available and posted in the patient or client areas of all maternal and child 
health and nutrition program offices, and shall be made available to health care 
providers, government agencies, and the general public upon request. 
(3) Criteria- The advisories developed under this subsection shall- 
(A) explain, in an easily understandable manner, the dangers of mercury 
exposure through the consumption of mercury contaminated fish to 
women of childbearing age, women who expect to become pregnant, 
women who are pregnant or breast feeding their children, and young 
children and their parents; 
(B) describe, in an easily understandable manner, in detail the most 
current m ercury h ealth advisories prepared by the National Government 
concerning fish consumption, contain the toll free number established 
under paragraph (4), and contain such other information as the Secretary 
determines appropriate; and 
(C) be printed in large type in English and Filipino or any dialect 
determined by the Secretary to be culturally and linguistically appropriate. 
2. 
Mercury Warning Consumer's Guide- 
(1) In general- The Secretary of Health shall prepare a consumer's guide to 
mercury and health advisory for the consumption of recreationally-caught fish. 
Such guide shall be distributed, at no cost, to-- 
(A) appropriate fisheries, wildlife, and environmental law enforcement 
agencies; 


(B) all applicants for a fishing license at the time the license is issued; and 
(C) to public upon request. 
(2) Criteria- The guide developed under paragraph (1) shall- 
(A) be printed in large type in English and Filipino or any dialect 
determined by the Secretary to be culturally and linguistically appropriate; 
3, 
Consumption Advisory- 
(1) In general- The Secretary of Health, in consultation with the Secretary of 
Agriculture and other appropriate government entities to-- 
(A) develop and distribute regional and national advisories concerning the 
presence of methyl-mercury in seafood; 
(B) develop standardized formats for written and broadcast advisories 
regarding methyl-mercury in seafood; 
(C) develop and periodically upgrade information related to mercury fish 
tissue test results and fish consumption advisories for methyl-mercury; 
(D) coordinate local advisories in the formation of the National Public 
Education Program under subsection (4)(1); and 
(E) coordinate with that sector of the retail food industry that is engaged in 
the sale of any fresh, packaged, or frozen fish or seafood products 
intended for human consumption, concerning the posting of such 
advisories in their place of business where fish are sold to inform women 
of childbearing age, pregnant, and nursing women and the parents of 
young children on the potential dangers of mercury that is present in 
certain fish or seafood. 


(2) Criteria- The advisories and notices developed under paragraph (1) shall 
include information both on limiting the consumption of certain high level fish 
and seafood to the general population and, for sensitive populations such as 
women of childbearing age and children, stress the importance of limiting 
consumption of frequently consumed fish that may exceed the Reference Dose. 
4. 
Public Education and Advisory System- 
(1) Public education- The Secretary of Health, in consultation with public and 
nonprofit private entities (including cooperative extension services and 
appropriate government entities), shall design and implement a national public 
education program regarding the presence of methyl-mercury in seafood. 
(2) Features- The program developed under paragraph (1) shall provide- 
(A) information to the public regarding- 
(i) standards and good practice requirements relating to methyl- 
mercury in seafood; and 
(ii) the promotion of public awareness, understanding, and 
acceptance of such standards and requirements; 
(B) information to health professionals so that health professionals m ay 
improve the diagnosis and treatment of mercury-related illness and advise 
individuals whose health c onditions p lace those i ndividuals at p articular 
risk; and 
(C) such other information or advice to consumers and other individuals as 
the Secretary determines will promote the purposes of this section. 
5. 
Sampling and Monitoring- 


(1) In general- The Secretary of health shall ensure the seafood methyl-mercury 
monitoring sampling program of the Bureau of Food and Drug Administration to 
assist in documenting mercury levels in various fish species. 
(2) Monitoring- The sampling program described in paragraph (1) shall be 
conducted so as to provide statistically valid monitoring data with respect to 
mercury levels in fish and seafood (including market-basket studies) including 
documenting the extent to which fish with mercury levels in excess of the action 
level are sold in commerce. Such information, along with information gathered by 
the Department of Environment and Natural Resources, shall be compiled into an 
annual report by the Secretary to track c hanges in dietary exposure to mercury 
from fish and seafood. 
(3) Avoidance of duplication of effort- To the extent practicable, the sampling 
program described in paragraph (1) shall be consistent with, and shall be 
coordinated with, other seafood sampling programs that are in use, so as to avoid 
duplication of effort. 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 5. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.