Republic of the Philippines Congress of the Philippines Metro Manila Eighth Congress Republic Act No.

6969 October 26, 1990

AN ACT TO CONTRO TO!"C #$%#TANCE# AN& 'A(AR&O$# AN& N$C EAR )A#TE#, PRO*"&"N+ PENA T"E# ,OR *"O AT"ON# T'EREO,, AN& ,OR OT'ER P$RPO#E#

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
#ection 1. #hort title. This ct shall be !no"n as the -To.ic #ubst/nces /n0 '/1/r0ous /n0 Nucle/r )/stes Control Act of 1990.#ection 2. &ecl/r/tion of Polic2. #t is the policy of the State to regulate$ restrict or prohibit the importation$ manufacture$ processing$ sale$ distribution$ use and disposal of chemical substances and mi%tures that present unreasonable ris! and&or in'ury to health or the environment( to prohibit the entry$ even in transit$ of ha)ardous and nuclear "astes and their disposal into the Philippine territorial limits for "hatever purpose( and to provide advancement and facilitate research and studies on to%ic chemicals* #ection 3. #cope. This ct shall cover the importation$ manufacture$ processing$ handling$ storage$ transportation$ sale$ distribution$ use and disposal of all unregulated chemical substances and mi%tures in the Philippines$ including the entry$ even in transit as "ell as the !eeping or storage and disposal of ha)ardous and nuclear "astes into the country for "hatever purpose*

#ection 4. Ob5ecti6es. The ob'ectives of this ct are: a+ To !eep an inventory of chemicals that are presently being imported$ manufactured$ or used$ indicating$ among others$ their e%isting and possible uses$ test data$ names of firms manufacturing or using them$ and such other information as may be considered relevant to the protection of health and the environment( b+ To monitor and regulate the importation$ manufacture$ processing$ handling$ storage$ transportation$ sale$ distribution$ use and disposal of chemical substances and mi%tures that present unreasonable ris! or in'ury to health or to the environment in accordance "ith national policies and international commitments( c+ To inform and educate the populace regarding the ha)ards and ris!s attendant to the manufacture$ handling$ storage$ transportation$ processing$ distribution$ use and disposal of to%ic chemicals and other substances and mi%ture( and d+ To prevent the entry$ even in transit$ as "ell as the !eeping or storage and disposal of ha)ardous and nuclear "astes into the country for "hatever purpose* #ection 7. &efinition. s used in this ct: a+ Chemical substance means any organic or inorganic substance of a particular molecular identity$ including: i+ ny combination of such substances occurring in "hole or in part as a result of chemical reaction or occurring in nature( and ii+ ny element or uncombined chemical* b+ Chemical mi%ture means any combination of t"o or more chemical substances if the combination does not occur in nature and is not$ in "hole or in part$ the result of a chemical reaction$ if none of the chemical substances comprising the combination is a

ne" chemical substance and if the combination could have been manufactured for commercial purposes "ithout a chemical reaction at the time the chemical substances comprising the combination "ere combined* This shall include nonbiodegradable mi%tures* c+ Process means the preparation of a chemical substance or mi%ture after its manufacture for commercial distribution: i+ #n the same form or physical state or in a different form or physical state from that "hich it "as received by the person so preparing such substance or mi%ture( or ii+ s part of an article containing a chemical substance or mi%ture* d+ #mportation means the entry of a products or substances into the Philippines ,through the seaports or airports of entry+ after having been properly cleared through or still remaining under customs control$ the product or substance of "hich is intended for direct consumption$ merchandising$ "arehousing$ or for further processing* e+ Manufacture means the mechanical or chemical transformation of substances into ne" products "hether "or! is performed by po"er-driven machines or by hand$ "hether it is done in a factory or in the "or!er.s home$ and "hether the products are sold at "holesale or retail* f+ /nreasonable ris! means e%pected fre0uency of undesirable effects or adverse responses arising from a given e%posure to a substance* g+ Ha)ardous substances are substances "hich present either: 1+ short-term acute ha)ards$ such as acute to%icity by ingestion$ inhalation or s!in absorption$ corrosivity or other s!in or eye contact ha)ards or the ris! of fire or e%plosion( or

2+ long-term environmental ha)ards$ including chronic to%icity upon repeated e%posure$ carcinogenicity ,"hich may in some cases result from acute e%posure but "ith a long latent period+$ resistance to deto%ification process such as biodegradation$ the potential to pollute underground or surface "aters$ or aesthetically ob'ectionable properties such as offensive odors* h+ Ha)ardous "astes are hereby defined as substances that are "ithout any safe commercial$ industrial$ agricultural or economic usage and are shipped$ transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines* Ha)ardous "astes shall also refer to by-products$ side-products$ process residues$ spent reaction media$ contaminated plant or e0uipment or other substances from manufacturing operations$ and as consumer discards of manufacture products* i+ 3uclear "astes are ha)ardous "astes made radioactive by e%posure to the radiation incidental to the production or utili)ation of nuclear fuels but does not include nuclear fuel$ or radioisotopes "hich have reached the final stage of fabrication so as to be usable for any scientific$ medical$ agricultural$ commercial$ or industrial purpose* #ection 6. ,unction, Po8ers /n0 Responsibilities of the &ep/rt9ent of En6iron9ent /n0 N/tur/l Resources . The 4epartment of 5nvironment and 3atural Resources shall be the implementing agency tas!ed "ith the follo"ing functions$ po"ers$ and responsibilities: a+ To !eep an updated inventory of chemicals that are presently being manufactured or used$ indicating$ among others$ their e%isting and possible uses$ 0uality$ test data$ names of firms manufacturing or using them$ and such other information as the

Secretary may consider relevant to the protection of health and the environment( b+ To re0uire chemical substances and mi%tures that present unreasonable ris! or in'ury to health or to the environment to be tested before they are manufactured or imported for the first time( c+ To re0uire chemical substances and mi%tures "hich are presently being manufactured or processed to be tested if there is a reason to believe that they pose unreasonable ris! or in'ury to health or the environment( d+ To evaluate the characteristics of chemicals that have been tested to determine their to%icity and the e%tent of their effects on health and the environment( e+ To enter into contracts and ma!e grants for research$ development$ and monitoring of chemical substances and mi%tures( f+ To conduct inspection of any establishment in "hich chemicals are manufactured$ processed$ stored or held before or after their commercial distribution and to ma!e recommendations to the proper authorities concerned( g+ To confiscate or impound chemicals found not falling "ithin said acts cannot be en'oined e%cept after the chemicals have been impounded( h+ To monitor and prevent the entry$ even in transit$ of ha)ardous and nuclear "astes and their disposal into the country( i+ To subpoena "itnesses and documents and to re0uire other information if necessary to carry out the provisions of this ct( '+ To call on any department$ bureau$ office$ agency$ state university or college$ and other instrumentalities of the 6overnment for assistance in the form of personnel$ facilities$

and other resources as the need arises in the discharge of its functions( !+ To disseminate information and conduct educational a"areness campaigns on the effects of chemical substances$ mi%tures and "astes on health and environment( and l+ To e%ercise such po"ers and perform such other functions as may be necessary to carry out its duties and responsibilities under this ct* #ection :. "nter;Agenc2 Technic/l A06isor2 Council . There is hereby created an #nter- gency Technical dvisory Council attached to the 4epartment of 5nvironment and 3atural Resources "hich shall be composed of the follo"ing officials or their duly authori)ed representatives: Secretary of 5nvironment and 3atural Resources Secretary of Health 4irector of the Philippine 3uclear Research #nstitute Secretary of Trade and #ndustry Secretary of Science and Technology Secretary of 3ational 4efense Secretary of 7oreign ffairs Chairma n Member Member Member Member Member Member

Secretary of 8abor and 5mployment Member Secretary of 7inance Member

Secretary of griculture Representative from a nongovernmental organi)ation on health and safety

Member Member

The representative from the non-governmental organi)ation shall be appointed by the President for a term of three ,9+ years* The Council shall have the follo"ing functions: a+ To assist the 4epartment of 5nvironment and 3atural Resources in the formulation of the pertinent rules and regulations for the effective implementation of this ct( b+ To assist the 4epartment of 5nvironment and 3atural Resources in the preparation and updating of the inventory of chemical substances and mi%tures that fall "ithin the coverage of this ct( c+ To conduct preliminary evaluation of the characteristics of chemical substances and mi%tures to determine their to%icity and effects on health and the environment and ma!e the necessary recommendations to the 4epartment of 5nvironment and 3atural Resources( and d+ To perform such other functions as the Secretary of 5nvironment and 3atural Resources may$ from time to time$ re0uire* #ection <. Pre;=/nuf/cture /n0 Pre;"9port/tion Re>uire9ents. Before any ne" chemical substance or mi%ture can be manufactured$ processed or imported for the first time as determined by the 4epartment of 5nvironment and 3atural Resources$ the manufacturer$ processor or importer shall submit the follo"ing information: the name of the chemical substance or mi%ture( its chemical identity and molecular structure( proposed categories of use( an estimate of the amount to be manufactured$

processed or imported( processing and disposal thereof( and any test data related to health and environmental effects "hich the manufacturer$ processor or importer has* #ection 9. Che9ic/ls #ub5ect to Testing. Testing shall be re0uired in all cases "here: a+ There is a reason to believe that the chemical substances or mi%ture may present an unreasonable ris! to health or the environment or there may be substantial human or environmental e%posure thereto( b+ There are insufficient data and e%perience for determining or predicting the health and environmental effects of the chemical substance or mi%ture( and c+ The testing of the chemical substance or mi%ture is necessary to develop such data* The manufacturers$ processors or importers shall shoulder the costs of testing the chemical substance or mi%ture that "ill be manufactured$ processed$ or imported* #ection 10. Action b2 the #ecret/r2 of En6iron9ent /n0 N/tur/l Resources of his &ul2 Authori1e0 Represent/ti6e . The Secretary of 5nvironment and 3atural Resources or his duly authori)ed representative shall$ "ithin ninety ,:;+ days from the date of filing of the notice of manufacture$ processing or importation of a chemical substance or mi%ture$ decide "hether or not to regulate or prohibit its importation$ manufacture$ processing$ sale$ distribution$ use or disposal* The Secretary may$ for 'ustifiable reasons$ e%tend the ninety-day pre-manufacture period "ithin a reasonable time* #ection 11. Che9ic/l #ubst/nces E.e9pt fro9 Pre; =/nuf/cture Notific/tion. The manufacture of the follo"ing chemical substances or mi%tures shall be e%empt from premanufacture notification:

a+ Those included in the categories of chemical substances and mi%tures already listed in the inventory of e%isting chemicals( b+ Those to be produced in small 0uantities solely for e%perimental or research and developmental purposes( c+ Chemical substances and mi%tures that "ill not present an unreasonable ris! to health and the environment( and d+ Chemical substances and mi%tures that e%ist temporarily and "hich have no human or environmental e%posure such as those "hich e%ist as a result of chemical reaction in the manufacture or processing of a mi%ture of another chemical substance* #ection 12. Public Access to Recor0s, Reports or Notific/tion. The public shall have access to records$ reports$ or information concerning chemical substances and mi%tures including safety data submitted$ data on emission or discharge into the environment$ and such documents shall be available for inspection or reproduction during normal business hours e%cept that the 4epartment of 5nvironment and 3atural resources may consider a record$ report or information or particular portions thereof confidential and may not be made public "hen such "ould divulge trade secrets$ production or sales figures or methods$ production or processes uni0ue to such manufacturer$ processor or distributor$ or "ould other"ise tend to affect adversely the competitive position of such manufacturer$ processor or distributor* The 4epartment of 5nvironment and 3atural Resources$ ho"ever$ may release information sub'ect to claim of confidentiality to a medical research or scientific institution "here the information is needed for the purpose of medical diagnosis or treatment of a person e%posed to the chemical substance or mi%ture* #ection 13. Prohibite0 Acts. The follo"ing acts and omissions shall be considered unla"ful:

a+ <no"ingly use a chemical substance or mi%ture "hich is imported$ manufactured$ processed or distributed in violation of this ct or implementing rules and regulations or orders( b+ 7ailure or refusal to submit reports$ notices or other information$ access to records$ as re0uired by this ct$ or permit inspection of establishment "here chemicals are manufactured$ processed$ stored or other"ise held( c+ 7ailure or refusal to comply "ith the pre-manufacture and preimportation re0uirements( and d+ Cause$ aid or facilitate$ directly or indirectly$ in the storage$ importation$ or bringing into Philippines territory$ including its maritime economic )ones$ even in transit$ either by means of land$ air or sea transportation or other"ise !eeping in storage any amount of ha)ardous and nuclear "astes in any part of the Philippines* #ection 14. Cri9in/l Offenses /n0 Pen/lties . a+ ,i+ The penalty of imprisonment of si% ,=+ months and one day to si% ,=+ years and one day and a fine ranging from Si% hundred pesos ,P=;;*;;+ to 7our thousand pesos ,P>$;;;*;;+ shall be imposed upon any person "ho shall violate section 19 ,a+ to ,c+ of this ct and shall not be covered by the Probation 8a"*f the offender is a foreigner$ he or she shall be deported and barred from any subse0uent entry into the Philippines after serving his or her sentence( ii+ #n case any violation of this ct is committed by a partnership$ corporation$ association or any 'uridical person$ the partner$ president$ director or manager "ho shall consent to or shall !no"ingly tolerate such violation shall be directly liable and responsible for the act of the employee and shall be criminally liable as a co-principal( ,iii+ #n case the offender is a government official or employee$ he or she shall$ in addition to the above penalties$ be deemed

automatically dismissed from office and permanently dis0ualified from holding any elective or appointive position* b+ ,i+ The penalty of imprisonment of t"elve ,12+ years and one day to t"enty ,2;+ years$ shall be imposed upon any person "ho shall violate section 19 ,d+ of this ct*f the offender is a foreigner$ he or she shall be deported and barred from any subse0uent entry into the Philippines after serving his or her sentence( ,ii+ #n the case of corporations or other associations$ the above penalty shall be imposed upon the managing partner$ president or chief e%ecutive in addition to an e%emplary damage of at least 7ive hundred thousand pesos ,P?;;$;;;*;;+*f it is a foreign firm$ the director and all officers of such foreign firm shall be barred from entry into the Philippines$ in addition to the cancellation of its license to do business in the Philippines( ,iii+ #n case the offender is a government official or employee$ he or she in addition to the above penalties be deemed automatically dismissed from office and permanently dis0ualified from holding any elective or appointive position* c+ 5very penalty imposed for the unla"ful importation$ entry$ transport$ manufacture$ processing$ sale or distribution of chemical substances or mi%tures into or "ithin the Philippines shall carry "ith it the confiscation and forfeiture in favor of the 6overnment of the proceeds of the unla"ful act and instruments$ tools or other improvements including vehicles$ sea vessels$ and aircrafts used in or "ith "hich the offense "as committed* Chemical substances so confiscated and forfeited by the 6overnment at its option shall be turned over to the 4epartment of 5nvironment and 3atural resources for safe!eeping and proper disposal* d+ The person or firm responsible or connected "ith the bringing or importation into the country of ha)ardous or nuclear "astes

shall be under obligation to transport or send bac! said prohibited "astes( ny and all means of transportation$ including all facilities and appurtenances that may have been used in transporting to or in the storage in the Philippines of any significant amount of ha)ardous or nuclear "astes shall at the option of the government be forfeited in its favor* #ection 17. A09inistr/ti6e ,ines. #n all cases of violations of this ct$ including violations of implementing rules and regulations "hich have been duly promulgated and published in accordance "ith Section 1= of this ct$ the Secretary of 5nvironment and 3atural Resources is hereby authori)ed to impose a fine of not less than Ten thousand pesos ,P1;$;;;*;;+$ but not more than 7ifty thousand pesos ,P?;$;;;*;;+ upon any person or entity found guilty thereof* The administrative fines imposed and collected by the 4epartment of 5nvironment and 3atural Resources shall accrue to a special fund to be administered by the 4epartment e%clusively for pro'ects and research activities relative to to%ic substances and mi%tures* #ection 16. Pro9ulg/tion of Rules /n0 Regul/tions . The 4epartment of 5nvironment and 3atural Resources$ in coordination "ith the member agencies of the #nter- gency Technical dvisory Council$ shall prepare and publish the rules and regulations implementing this ct "ithin si% months from the date of its effectivity* #ection 1:. Appropri/tions. Such amount as may be necessary to implement the provisions of this ct is hereby annually appropriated and included in the budget of the 4epartment of 5nvironment and 3atural Resources* #ection 1<. #ep/r/bilit2 Cl/use. #f any provision of this ct is declared void or unconstitutional$ the remaining provisions thereof not affected thereby shall remain in full force and effect*

#ection 19. Repe/ling Cl/use. ll la"s$ presidential decrees$ e%ecutive orders and issuances$ and rules and regulations "hich are inconsistent "ith this ct are hereby repealed or modified accordingly* #ection 20. Effecti6it2. This ct shall ta!e effect after fifteen ,1?+ days follo"ing its publication in the @fficial 6a)ette or in any ne"spaper of general circulation* pproved: October 26, 1990