Ban on detergents with hard surfactants

Section 2 defines “Hard surfactants” as surfactants with low biodegradability rate, including chemicals such as hard or branched alkyl benzene, hard or branched alkyl benzene surfactants, hard or branched dodecyl benzene sulfonates, branched dodecyl benzene, their sodium or potassium salts, and other technical names referring to the same chemical compound.
Section 2 defines “Industrial detergent” as any cleaning product not designed for laundering different fabrics in the family wash but mostly used in manufacturing industry, including beverage industry, textile industry, meat, fish and fruit canning, dairy product processing, and food processing industry.
Section 2 defines “Laundry detergent” as a product containing a surfactant and other ingredients, formulated to clean and care for different fabrics in the family wash.
Section 2 defines “Natural oleochemical” as chemicals derived from processing plant-based natural oils such as coconut, palm, palm kernel, sunflower, and rapeseed.

Section 3 requires that, in addition to labeling requirements under Republic Act No. 7394 (the Consumer Act of the Philippines), all laundry and industrial detergent labels must contain specific additional information.
Section 3 requires labels to be legibly written or printed with indelible ink.
Section 3 requires labels to state (a) the name of product.
Section 3 requires labels to state (b) the name of trade name and address of the person or company producing, importing, or marketing the product.
Section 3 requires labels to state (c) a statement from the manufacturer or importer that the product does not contain hard surfactants.

Section 4 prohibits the manufacture, importation, distribution, and/or sale of laundry and industrial detergents containing hard surfactants.
Section 4 directs the Bureau of Product Standards to review and revise the mandatory Philippine National Standard for “Surface Active Agents-Synthetic Detergents for Laundry Use” in accordance with the Act.
Section 4 empowers the Bureau of Product Standards to monitor compliance with the revised standard.
Section 4 requires the Bureau of Product Standards to inspect laundry and industrial detergents, whether imported or locally-manufactured, to ensure they are free from hard surfactants.

Section 5 provides that any violation of the Act constitutes a violation of a trade and industry law under Executive Order No. 913 dated 7 October 1983, as amended.
Section 5 authorizes the Bureau of Product Standards to recommend, pursuant to Executive Order No. 913, administrative sanctions against the manufacturer, importer, distributor, and seller of detergents containing hard surfactants.
Section 5 additionally authorizes the Bureau of Product Standards to recommend the imposition of fines for violations, using the following schedule:
- First offense: PHP 200,000
- Second offense committed within one (1) year from the first offense: PHP 300,000
- Third offense committed within one (1) year from the second offense: PHP 500,000
Section 5 provides that the administrative sanctions are without prejudice to cancellation of the manufacturer’s license to operate and/or the Product Standards Quality Mark under Republic Act No. 4109, as amended.

Section 6 imposes imprisonment of not less than one (1) year nor more than five (5) years and/or a fine of not less than PHP 500,000 nor more than PHP 1,000,000, at the discretion of the court, on any person who manufactures, imports, distributes, or sells laundry and industrial detergents found containing hard surfactants.
Section 6 provides that where the violator is a corporation, firm, partnership, or association, the penalty shall be imposed upon the president or manager or any officer thereof who knows or ought to have known the commission of the offense.
Section 6 requires that if the guilty officer is a foreigner, he shall be immediately deported after service of sentence.

Section 7 requires the Bureau of Product Standards, in consultation with relevant national government departments or agencies including 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), to issue rules and regulations for effective implementation of the Act.
Section 7 requires the rules and regulations to include authority to conduct a product check and inspection of establishments involved in the manufacture, importation, distribution, and sale of detergents containing hard surfactants.
Section 7 sets that product check and inspection of establishments shall be conducted during business hours.
Section 7 requires that the inspection team be accompanied by two (2) responsible officers of the manufacturers.

Section 8 authorizes the Board of Investments (BOI) to grant fiscal incentives to local manufacturers and processors who develop and modernize processing plants to produce coconut-based and other natural oleochemical biodegradable surfactants.
Section 8 states that the incentives shall not be limited to assistance and incentives in exportation of products.

Section 9 provides that if any provision or portion of the Act, or its application, is declared invalid or unconstitutional, the remainder of the Act remains unaffected.
Section 10 repeals or amends accordingly any and all provisions of existing laws, decrees, orders, and issuances, or portions thereof, that are inconsistent with the Act.

Section 11 provides that the Act takes effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation, whichever comes earlier.
Republic Act No. 8970 is approved on October 31, 2000.
The Act lapsed into law on September 7, 2000 without the signature of the President, consistent with Article VI, Section 27 (1) of the Constitution.
Republic Act No. 8970 is designated as S. No. 1168 / H. No. 9158 and is shown in the 97 OG No. 19, 2703 (May. 7, 2001).