Law Summary
Declaration of Policy
- Regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of harmful chemical substances and mixtures.
- Prohibit entry, including transit, of hazardous and nuclear wastes into Philippine territory for any purpose.
- Promote research and studies on toxic chemicals.
Scope
- Covers importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of unregulated chemical substances and mixtures.
- Includes entry, even in transit, and storage or disposal of hazardous and nuclear wastes in the Philippines.
Objectives
- Maintain an inventory of chemicals being imported, manufactured, or used with relevant data.
- Monitor and regulate chemical substances posing unreasonable health or environmental risks.
- Educate the public on hazards of toxic chemicals.
- Prevent entry, storage, and disposal of hazardous and nuclear wastes.
Definitions
- Chemical substance: Organic/inorganic substances with particular molecular identity, including natural or reaction products.
- Chemical mixture: Combination of chemicals not occurring in nature and prepared without chemical reaction, including non-biodegradable mixtures.
- Process: Preparation of chemicals post-manufacture for commercial distribution in various forms.
- Importation: Entry through legal ports for consumption, merchandising, warehousing, or processing.
- Manufacture: Mechanical or chemical transformation of substances into new products.
- Unreasonable risk: Expected frequency of adverse health/environmental effects from exposure.
- Hazardous substances: Substances with short-term acute or long-term environmental hazards.
- Hazardous wastes: Substances without safe commercial use shipped for dumping/disposal.
- Nuclear wastes: Radioactive hazardous wastes excluding usable nuclear fuel or radioisotopes.
Functions, Powers, and Responsibilities of DENR
- Maintain updated inventory of chemicals with use and safety data.
- Require pre-manufacture/import testing for chemicals posing unreasonable risks.
- Evaluate tested chemicals' toxicity and environmental impact.
- Contract and grant research endeavors.
- Inspect chemical establishments and confiscate non-compliant substances.
- Prevent entry and disposal of hazardous and nuclear wastes.
- Subpoena and gather necessary information.
- Coordinate with government agencies for implementation support.
- Conduct public education on chemical hazards.
- Exercise powers necessary to enforce the Act.
Inter-Agency Technical Advisory Council
- Composed of key cabinet members and representatives including Health, Trade, Science & Tech, Foreign Affairs, Labor, Finance, Agriculture, and a health NGO.
- Assists DENR on rules and regulations, inventory updates, chemical evaluations, and other delegated tasks.
Pre-Manufacture and Pre-Importation Requirements
- Submit chemical name, identity, structure, use categories, estimated quantities, processing, disposal methods, and health/environmental test data before first manufacture/import.
Chemicals Subject to Testing
- Required if chemical poses unreasonable risks, lacks sufficient test data, or if necessary to develop safety data.
- Costs borne by manufacturers, processors, or importers.
Secretary’s Action on Chemical Substances
- Decides within 90 days to regulate or prohibit manufacture/import/use/disposal of chemicals upon notification.
- May extend the decision period for justifiable reasons.
Exemptions from Pre-Manufacture Notification
- Existing chemicals already listed in inventory.
- Small quantities for research or experimental use.
- Chemicals not posing unreasonable risks.
- Temporary chemicals with no human/environmental exposure like those from chemical reactions.
Public Access to Chemical Information
- Records and reports on chemicals are accessible during business hours.
- Certain confidential information like trade secrets or processes may be withheld.
- Medical/scientific institutions may access confidential info for diagnosis or treatment of exposed persons.
Prohibited Acts
- Use of chemicals imported, manufactured, processed, or distributed against the Act or rules.
- Failure/refusal to submit required reports or allow inspection.
- Non-compliance with pre-manufacture/import requirements.
- Storage, importation, or transit of hazardous and nuclear wastes in Philippine territory.
Criminal Offenses and Penalties
- Imprisonment 6 months+ and fines P600-P4,000 for violations of general chemical provisions; probation law excluded;
- Foreign offenders face deportation and entry ban post-sentence;
- Responsible corporate officers held liable as co-principals;
- Government officials face dismissal and permanent disqualification aside from penalties;
- Violations involving hazardous or nuclear wastes: imprisonment 12-20 years, fines, confiscation, and exemplary damages P500,000 for corporations;
- Government can forfeit transportation and facilities used in violations;
- Liability includes obligation to return prohibited wastes;
Administrative Fines
- DENR may impose fines from P10,000 to P50,000 for violations of the Act or its regulations.
- Collected fines fund projects and research on toxic substances.
Promulgation of Rules and Regulations
- DENR, with advisory council, shall issue implementing rules within six months from effectivity.
Appropriations
- Annual budget provisions to DENR for law implementation.
Separability Clause
- Invalidity of any provision does not affect others which remain in full effect.
Repealing Clause
- Inconsistent laws, decrees, orders, or regulations are repealed or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.