QuestionsQuestions (Republic Act No. 8970)
RA 8970 declares a policy to protect citizens from the dangerous and harmful effects of pollution caused by imported detergents containing hard surfactants, and to pursue a vigorous campaign leading to the complete prohibition of such detergents for the physical and mental well-being of the public.
“Hard surfactants” are surfactants with low biodegradability rate, including hard/branched alkyl benzene and their surfactant forms; hard/branched dodecyl benzene sulfonates; branched dodecyl benzene; their sodium or potassium salts; and other technical names referring to the same chemical compounds.
“Laundry detergent” refers to a product containing a surfactant and other ingredients formulated to clean and care for many different fabrics in family wash. “Industrial detergent” refers to any cleaning product not designed for laundering different fabrics in the family wash but mostly used in manufacturing industry (e.g., beverage, textile, meat/fish/fruit canning, dairy processing, food processing).
In addition to the requirements under the Consumer Act (RA 7394), labels must legibly and with indelible ink contain: (a) name of product; (b) name of trade name and address of producer/importer/marketer; and (c) a statement that the product does not contain hard surfactants.
It prohibits the manufacture, importation, distribution and/or sale of laundry and industrial detergents containing hard surfactants. The Bureau of Product Standards must review and revise the mandatory Philippine National Standard on surface active agents for laundry use, and inspect detergents (imported or locally manufactured) to ensure they are free from hard surfactants.
It provides both. Section 5 authorizes administrative sanctions (including fines) recommended by the Bureau of Product Standards. Section 6 provides imprisonment and/or fines as criminal penalties.
First offense: P200,000. Second offense within one (1) year: P300,000. Third offense within one (1) year from the second offense: P500,000.
No. The Act specifies that administrative sanctions under EO 913 (as amended) may also be imposed, and it states that these sanctions are without prejudice to cancellation of the manufacturer’s license to operate and/or the Product Standards Quality Mark under RA 4109.
Imprisonment of not less than one (1) year nor more than five (5) years and/or fine of not less than P500,000 nor more than P1,000,000, at the discretion of the court.
The penalty shall be imposed on the president or the manager or any officer who knows or ought to have known the commission of the offense.
If the guilty officer is a foreigner, he shall be immediately deported after service of sentence.
The Bureau of Product Standards, with consultation from relevant agencies, may conduct product check and inspection of establishments involved in manufacture, importation, distribution, and sale. These inspections must be during business hours and the inspection team must be accompanied by two (2) responsible officers of the manufacturers, consistent with constitutional safeguards against unreasonable search and seizure.
It names (as examples) the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources, the Bureau of Customs (BOC), the Bureau of Trade Regulations and Consumer Protection (BTRCP), along with the Bureau of Product Standards.
The Board of Investments may grant fiscal incentives to local manufacturers and processors who develop and modernize their processing plants to produce coconut-based and other natural oleochemical biodegradable surfactants. This may include assistance and incentives in the exportation of their products.
If any provision or portion of RA 8970, or its application, is declared invalid or unconstitutional, the remainder of the Act remains effective and unaffected.
It takes effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation, whichever comes earlier.