Republic of the Philippines 25 JUL 2013 ©”

HOUSE OF REPRESENTATIVES los
Quezon City

First Regular Session
‘SIXTEENTH CONGRESS

House Bill No, 2864

Introduced by Representative Belma Arellano Cabilao

In 2006, the Department of Health has commissioned a study on ill effects of aerial spraying
of the pesticides on a community near a banana plantation practicing fungicide aerial spraying.
Specifically, as the subject of the study, the Philippine Society of Clinical and Occupational Toxicology
and the National Poison and Management and Control Center have chosen the community in Sitio
Camacaan, a community situated adjacent to Lapanday banana plantation in Barangay Aplaya,
Hagonoy, Davao del Sur,

The subject community is believed to be indirectly exposed to aerially sprayed pesticides
due to so-called “drift exposure”,

Alarmingly, the study showed that 52% of respondents experienced eye pain, eye tearing,
headache, eye redness, eye itchiness, dizziness, and skin itchiness. It also revealed that the
respondents have developmental delays, skin disorders like chloracne and cutaneous lupus
erythematosus, and thyroid gland disorders.

The Philippine Society of Clinical and Occupational Toxicology and the National Poison and
Management and Control Center resolved to call on the government agencies to review the
guidelines for protecting communities from pesticides contamination from large plantation,

Corollary thereto is an explicit assumption that the present Memorandum Circular No. 02
issued by the Fertilizer and Pesticides Authority of the Department of Agriculture, otherwise known
as the Good Aerial Practices for Aerial Spraying of Fungicides in Banana Plantations is not effective.

This proposed measure entitled Aerial Spray Regulation Act of 2013 seeks to address the
gaps, limintation and challenges in the present regulation of the State on pesticides aerial spraying.
it provides for general but clearer and more stringent standards and guidelines that will ensure that
adverse explicit and perceive effects on health and environment of said practice are effectively
contained — all with the end in view of adhering to a time-honored principle of sustainable
development.

Alea AGL Ko

ATTY. BELMA A. CABILAO
Representative
1" District, Zamboanga Sibugay

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
SIXTEENTH CONGRESS

1864

House Bill No.

Introduced by Representative Belma Arellano Cabilao

AN ACT
REGULATING AERIAL SPRAY IN FARMLANDS AND FRUIT PLANTATIONS AND PROVIDING PENALTIES
FOR VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER 1. ~ GENERAL PROVISIONS
SECTION 1. Title - This Act shall be known as the “Aerial Spray Regulations Act of 2013.”

SECTION 2. Declaration of Policy ~ While it recognizes the indispensable need to strengthen
and accelerate economic and social growth and development in the country, the State is obliged to
maintain its policy to protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature and to promote the right to health of the
people and instill health consciousness among them.

Accordingly, the State shall strictly regulate the agricultural aerial spraying of pesticides in
order to uphold the principles of sustainable development and maintain a rational and balance of
human health, environmental protection and socio-economic growth.

CHAPTER 2. ~ DEFINITION OF TERMS

SECTION 3. ~ Definition of Terms. ~ For purposes of this Act, the following terms shall be
understood as follows:

a) “Aerial spraying” refers to application of crops with fertilizers, pesticides, and
fungicides, and other similar chemicals or substances from an agricultural aircraft.

b) “Agricultural aircraft” refers to an aircraft that has been built or converted for aerial
spraying; and

c) “Pesticides” as defined under P.D. no. 1144 refer to any substance or product, or
mixture thereof, including active ingre its, adjuvants, and pesticide formulations,
intended to control, prevent, destroy, repel or mitigate directly or indirectly, any pest.
The term shall be understood to include insecticide, fungicide, bactericide, nematodice,
herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant, desiccant and the
like.



CHAPTER 3. — INSTITUTIONAL ARRANGEMENT

SECTION 4, Lead Agency. ~ The Fertilizer and Pesticides Authority of the Department of
Agriculture or, for purposes of this Act, “the Authority”, shall be the lead agency responsible for the
implementation and enforcement of this Act.

It shall likewise make the evaluation and monitoring report made pursuant to Sections 6 and
7 available to the public.

SECTION 5. Role of the Department of Health ~ The Department of Health (DOH), in
coordination with the Authority and the Environmental Management Bureau of the Department of
Environment and Natural Resources (EMB-DENR), shall regularly monitor the health of persons
residing adjacent to, and workers, laborers or employees of agricultural farms or plantations using
the aerial spray.

SECTION 6. Role of the Department of Environment and Natural Resources. - The
Environmental Management Bureau of the Department of Environment and Natural Resources
(EMB-DENR), in coordination with the Authority, shall regularly evaluate and monitor the air and
water qualities as well as the general ambient environmental condition of agricultural farms or
plantations using the aerial spray.

SECTION 7. Role of the Local Government Units. ~ All local government units shall, pursuant
to the pertinent provisions of the Local Government Code of 1991 and its implementing rules and
regulations, actively assist in implementing and enforcing this Act within their territorial jurisdiction,
Provided, however, the Office of the Provincial Governor or City Mayor shall be also responsible for
ensuring compliance with this Act, including the apprehension and prosecution of violators thereof.

To strengthen the enforcement of this Act, the Provincial Governor or the City Mayor shall
form multi-sectoral monitoring team which shall be composed of representatives from farmers or
laborers, non-government organizations each advocating environmental protection and human
health, civil society and academe, The municipal or city mayor, health officer, agriculturist and chief
of police shall be members of the monitoring team, automatically.

CHAPTER 4 ~ REGULATION OF AGRICULTURAL AIRCRAFTS AND PILOTS

SECTION 8. Certification of Agricultural Aircraft and Licensing of Agricultural Pilots. - The Air
Transportation Office (ATO), shall annually issue certificates to agricultural aircrafts, upon proper
survey, and flight test of said aircraft, to ensure that its engineering design, equipment or devices,
airworthiness, efficiency and operation comply with internationally-accepted standards.

The ATO shall likewise annually issue special licenses to pilots of agricultural aircrafts
warranting that said pilots possess appropriate trainings, skills and professionalism in ethical and
safe standards operation of the aircraft.

For this purpose, within six (6) months following the effectivity of the Act, the ATO, in
coordination with the Authority, shall establish agricultural aircraft and pilot standards and
promulgate certification and licensing rules and regulations. Within the same period, the ATO, in
coordination with the Authority, shall also develop programs for agricultural pilot designed to equip
them on technical, safety, farm plantation or crop care products, human health and environmental
concerns.


SECTION 9. Agricultural Aircraft inventory - To help the enforcing agency in monitoring and
ensuring compliance with this Act, all person,s natural or juridical, practicing aerial spraying or have
been engaged in the business of providing aerial spraying services before the enactment of this Act,
shall be required to submit to the office of the Provincial Governor of the province or City Mayor of
the city where they operate, an inventory of the agricultural aircrafts they are using in their
Jurisdiction.

The inventory shall indicate therein a brief and distinctive description of each aircraft, the
company logo, and location of hangar and other relevant information for the easy identification of
the aircrafts when airborne.

CHAPTER 5. REGULATION OF AERIAL APPLICATION OF PESTICIDES

SECTION 10. Standards for Aerial Spraying Operation. ~ Within six (6) months following in the
effectivity of the Act, the Authority, in coordination with EMB-DENR, DOH and other concerned
government agencies, after public consultation with stakeholders, shall promulgate standards, and
rules and regulations based on internationally-accepted practices which will effectively implement
aerial spraying measures, including, but not limited to:

a) Pesticides, chemicals and substances ~ Only pesticides, chemicals, substances or mixture
thereof which are properly labelled and approved by the Authority shall be used for
aerial spraying: Provided, that the pesticide shall be used and handled under proper
procedures set by the Authority;

b) Signage and relevant forewarning. ~ Signages showing the schedules of aerial spraying in
a given area and other relevant information shall be posted in strategic and conspicuous
places in farms or plantations, provincial, municipal and barangay halls, and government
centers: Provided, that written notification and report of such schedules and other
relevant information are officially submitted to all offices of local government units
having jurisdiction on the subject farm or plantation and residents of adjoining property,
at least three (3) days prior to the first date of pesticides application: Provided further,
that proper warning schemes, such as series of sirens or alarms, are employed within
thirty (30) minute prior to the actual aerial spraying;

c) Buffer Zones and Fences — a minimum of perimeter buffer areas of one hundred (100)
meters from the areas being used by general public or vulnerable groups, including but
not limited to residential areas, schools, parks, roads and railways, and from bodies of
water and surface and groundwater used for drinking water, or fifty (50) meters from
the plant outside boundary line, whichever is higher, shall be maintained as aerial spray-
free zone: Provided, that the same may be increased to ensure that adequate safeguard
area Is provided for actual drift of the aerial spray: Provided further, that the provisions
of the buffer fences, whether natural or otherwise, to further prevent aerial spray drift
shall be the responsibility of the owners of plantation or farm practicing aerial spray.

d) Aerial Application level — agricultural aircraft spraying pesticides shall not fly more than
4.5 meters above the crops being treated;

e) Farm Topographical, Atmospheric and Environmental Considerations — following the
effectivity of this Act, the Authority shall annually issue a certificate showing that the
plantation or farm is safe and proper for aerial spraying pursuant to the geographic,
topgraphic, atmospheric and other environmental standards promulgated pursuant to
this Act: Provided, that no farm or plantation shall be allowed to undertake aerial
spraying without the said certificate: Provided further, that topographical, atmospheric
and environmental standards, including wind and temperature direction or


f)

measurement requirement, and aerial spraying schedule, shall be strictly imposed on
farm or plantation: Provided finally, that no aerial spraying shall be allowed when wind
speed is more than 4 miles per hour and/or barometer temperature is higher than 26°
Celcius; and

Modern facilities and Best Available Advanced Technologies ~ The authority shall ensure
that agricultural aircrafts and subject farms or plantations are equipped with the
modern facilities and best available advanced technologies or systems which are
internationally-accepted in advanced aerial spraying of pesticides necessary for safe,
systematic, precise spraying, optimum dispersal and accurate monitoring of dispersal
flow rates.

Provided, that nothing in this Section shall prevent the Authority to adopt, in
coordination with the EMB-DENR and DOH, after proper public consultation with
stakeholders, more stringent standards or measures.

SECTION 11, Record-keeping and Monitoring - The Authority shall, after proper public
consultation with stakeholders, require any person who is subject to any requirement of this Act to:

a,

Install and use equipment or device and adopt a system approved by the Authority
which will monitor and record the actual methods, procedures used, pesticides solutions
or mixtures applied, application intervals employed, drift incident and its extent,
photograph and other relevant information during and/or after an actual aerial spraying;
and

Maintain record book approved by the Authority which book contains entries, data and
documentation gathered in accordance to the immediately preceeding paragraph;
Submit said report. The record book or copy thereof shall be made available to the
public, unless the same contains information entitled to protection under intellectual
Property Act.

SECTION 12, Visitorial Right - The Authority shall have the right to:

a

b.

c

Enter or access any premises including documents and materials as referred to in the
herein preceding section;

Inspect any pesticide, solution or waste source, control device, monitoring equipment or
method required; and
Test any pesticides, substances, solution or mixture.

CHAPTER 6 ~ PROHIBITED ACTS, FINES AND PENALTIES

SECTION 13. Penalty — (a) Any person found violating the standards set for agricultural aircraft,
agricultural pilot, owner of farm or plantation under Section 8, 9, 10, 11 and 12 of this Act, including
the standards and rules and regulations promulgated therefor, shall suffer a penalty of
imprisonment of not less than one (1) year but not more than five (5) years and/or a fine of not less
than Five Hundred Thousand Pesos (Php 500,000.00) but not more than Ten Million Pesos (Php
10,000,000.00).

{b) Any person who use or allows the use of an agricultural aircraft for aerial spraying
without the certificates required under Section 8 of this Act shall suffer a penalty of imprisonment of
not less than six (6) months but not more than two (2) years and/or a fine not less than Two
Hundred Thousand Pesos (Php 200,000.00) but not more than One Million Pesos (Php 1,000,000.00);


(c) Any person who fly or allows to fly an agricultural aircraft without the license required
under Section 8 of this Act shall suffer the same penalty of imprisonment and/or fine set under the
immediately preceeding paragraph; and

{d) Any person found violating the standards set for agricultural aircraft, agricultural pilot
and owner of farm or plantation under any other Sections of this Act, including the standards and
rules and regulations promulgated therefor, shall suffer a penalty of imprisonment of not less than
three (3) months but not more than one (1) year and/or a fine of not less than One Hundred
Thousand Pesos (100,000.00) but not more than Five Hundred Thousand Pesos (Php 500,000.00).

Provided, that if the offender is a corporation, partnership or association, whether domestic
or foreign, the chairman of the board of directors, president, general manager, and the officer or
employee directly responsible shall be imposed with the penalty of imprisonment and the juridical
entity he is representing shall be jointly liable to the fine imposed herein. Provided, further, that if
the offender is a foreigner, he shall, in addition to the other penalties imposed herein, be deported
after service of sentence without need of any further proceedings,

SECTION 14. implementing Rules and Regulations. - The Authority shall, in coordination with
the EMB-DENR, DOH, upon public consultation with stakeholders, promulgate rules and regulations
within six (6) months following the effectivity of this Act,

SECTION 15, Joint Congressional Oversight Committee ~ There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and to review the
implementation rules and regulations promulgated by the Authority. The Committee shall be
composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President
and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be
co-chaired by the Chairpersons of Committee on Environment of the Senate and the Committee on
Ecology of the House of Representatives.

SECTION 16. Suppletory Application- All previous or existing laws, decrees, executive orders,
rules and regulations, and other issuances not inconsistent with this Act shall have suppletory effect.

SECTION 17. Repealing Clause — All previous or existing laws, decrees, executive orders, rules
and regulations or parts thereof inconsistent with this Act are hereby repealed or amended
accordingly.

SECTION 18, Separability Clause. ~ If, for any reason, any section or provision of this Act is
declared null and void, no other section, provision, or part thereof shall be affected and the same

shall remain in full force and effect.

SECTION 19. éffectivity Clause. ~ This Act shall take effect immediately after completion of
its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.