QuestionsQuestions (DDB BOARD REGULATION NO. 2, SERIES OF 2009)
It provides the implementing guidelines for Board Regulation No. 6, Series of 2007, which classifies certain toluene-based contact cement products (without at least 5% mustard oil content) as dangerous drugs.
They cover all importers, exporters, manufacturers, distributors, retailers, end-users, and handlers of toluene-based contact cement products.
Pursuant to Section 1 of Article III (Dangerous Drugs) and Board Regulation No. 6 (Series of 2007), when they are toluene-based contact cement products without at least five percent (5%) mustard oil content.
It is described as a colorless to pale yellow pungent irritating oil obtained from black mustard seeds or through chemical synthesis, largely consisting of allyl isothiocyanate, a volatile compound known for a pungent odor capable of inducing eye tears.
It is based on the total weight/volume of the toluene content of the contact cement product as stated in the product label, carton, or other container.
Product labels, cartons, or containers must indicate the presence of the additive and the percentage content relative to the total weight/volume of the toluene content.
The obnoxious odor must be present and maintained from manufacture or import until utilization by the end-user, and/or the volatility of the mustard oil must be less than that of the toluene content.
Non-compliance makes the product a “dangerous drug” notwithstanding the presence of at least 5% mustard oil.
No person may manufacture, distribute, or retail the dangerous drug except pursuant to and in accordance with a license granted by the PDEA.
The actor must hold a PDEA license authorizing the activity and must also obtain separate permits for the specific transaction: import permit, export permit, transit permit, or redirection permit as applicable.
Transfer or delivery of the dangerous drug from one license holder to another license holder is allowed only with prior approval of the PDEA, except retail sales.
Because activities such as importation, exportation, manufacturing, wholesale distribution, retail, and separate storage are treated as independent and deemed to require separate registration and license.
The applicant must provide, among others: identity and address; each activity; directors/company secretary (if any); business/brand details; addresses where activities occur; storage premises; security arrangements; supervision personnel; prior convictions relating to drug trafficking; and volume estimates/statistics and relevant manufacturing/extraction/denaturing details.
At least fifteen (15) working days in advance before the transaction is to take place.
Import permit: not exceeding six (6) months; export permit or transit permit: not exceeding three (3) months.
They must maintain a Dangerous Drug Control Book (manual or computerized and registered with PDEA) to record daily issuance of the dangerous drug to workers directly handling it, with entries such as date/time, worker name, quantity issued/received, signatures, and daily usage summary.
The buyer must present a valid identification card and a barangay clearance issued by the barangay chairman; the clearance must indicate quantity, purpose, and the buyer’s TIN, and is valid only for three (3) days from issuance.
Any violation of the implementing guidelines is penalized under Section 32 of R.A. 9165, without prejudice to other criminal liabilities under R.A. 9165. For juridical entities, responsible officers who consent to, knowingly tolerate, or through negligence failed to avert the violation are criminally liable.