Question & AnswerQ&A (Republic Act No. 6969)
The short title of Republic Act No. 6969 is the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990."
The main policy is to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risks or injury to health or the environment; to prohibit the entry and disposal of hazardous and nuclear wastes in the Philippines; and to advance research on toxic chemicals.
The Act covers the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, storage, and disposal of hazardous and nuclear wastes, even in transit.
A chemical substance is any organic or inorganic substance of a particular molecular identity, including combinations of such substances occurring as a result of chemical reaction or in nature, and any element or uncombined chemical.
Hazardous wastes are substances without safe commercial, industrial, agricultural, or economic use that are brought into the Philippines for dumping or disposal, including by-products, residues, contaminated equipment, and consumer discards.
The Department of Environment and Natural Resources (DENR) is the implementing agency tasked with inventory, testing, monitoring, inspections, enforcement, and public education regarding toxic substances and hazardous wastes.
The Council assists DENR in formulating rules, updating chemical inventories, evaluating chemical toxicity and environmental effects, and other functions as required to implement the Act effectively.
The manufacturer or importer must submit the chemical's name, chemical identity and molecular structure, proposed uses, estimated amount, processing and disposal methods, and any available health or environmental test data.
Testing is required when there is a reason to believe the substance presents unreasonable risk, when data are insufficient for predicting health or environmental effects, and when testing is necessary to develop such data.
Imprisonment from six months and one day to six years and one day, fines from P600 to P4,000, deportation and barring of foreign offenders, and, if offenders are government officials, automatic dismissal and disqualification from public office.
Imprisonment for twelve years and one day to twenty years, deportation and barring of foreign offenders, exemplary damages of at least P500,000 for responsible corporations, cancellation of foreign firms' licenses, and dismissal and disqualification for government officials.
The DENR can impose fines ranging from P10,000 to P50,000 for any violations of the Act or its implementing rules and regulations.
The public has access to records, reports, or information concerning chemical substances and mixtures, including safety data and emissions data, subject to certain confidentiality protections for trade secrets or sensitive information.
Yes, manufacturing chemical substances or mixtures already listed in the inventory are exempt from pre-manufacture notification under Section 11.
The Secretary of Environment and Natural Resources or authorized representative must decide whether to regulate or prohibit the chemical's importation, manufacture, processing, sale, distribution, use, or disposal.