R.A.

6969 24/07/2019, 1*57 PM

R.A. 6969

Eighth Congress

REPUBLIC ACT No. 6969 October 26, 1990

AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS

AND NUCLEAR WASTES, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

Section 1. Short title. – This Act shall be known as the "Toxic

Substances and Hazardous and Nuclear Wastes Control Act of
1990."

Section 2. Declaration of Policy. – It is the policy of the State to

regulate, restrict or prohibit the importation, manufacture, processing,
sale, distribution, use and disposal of chemical substances and mixtures
that present unreasonable risk and/or injury to health or the environment;
to prohibit the entry, even in transit, of hazardous and nuclear wastes and
their disposal into the Philippine territorial limits for whatever purpose;
and to provide advancement and facilitate research and studies on toxic
chemicals.

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Section 3. Scope. – This Act shall cover 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, even in transit as well as the keeping or
storage and disposal of hazardous and nuclear wastes into the country for
whatever purpose.

Section 4. Objectives. – The objectives of this Act are:

a) To keep an inventory of chemicals that are presently being

imported, manufactured, or used, indicating, among others, their
existing and possible uses, test data, names of firms manufacturing or
using them, and such other information as may be considered
relevant to the protection of health and the environment;

b) To monitor and regulate the importation, manufacture, processing,

handling, storage, transportation, sale, distribution, use and disposal
of chemical substances and mixtures that present unreasonable risk
or injury to health or to the environment in accordance with national
policies and international commitments;

c) To inform and educate the populace regarding the hazards and

risks attendant to the manufacture, handling, storage, transportation,
processing, distribution, use and disposal of toxic chemicals and other
substances and mixture; and

d) To prevent the entry, even in transit, as well as the keeping or

storage and disposal of hazardous and nuclear wastes into the country
for whatever purpose.

Section 5. Definition. – As used in this Act:

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a) Chemical substance means any organic or inorganic substance of a

particular molecular identity, including:

i) Any combination of such substances occurring in whole or in

part as a result of chemical reaction or occurring in nature; and

ii) Any element or uncombined chemical.

b) Chemical mixture means any combination of two or more chemical

substances if the combination does not occur in nature and is not, in
whole or in part, the result of a chemical reaction, if none of the
chemical substances comprising the combination is a new chemical
substance and if the combination could have been manufactured for
commercial purposes without a chemical reaction at the time the
chemical substances comprising the combination were combined.
This shall include nonbiodegradable mixtures.

c) Process means the preparation of a chemical substance or mixture

after its manufacture for commercial distribution:

i) In the same form or physical state or in a different form or

physical state from that which it was received by the person so
preparing such substance or mixture; or

ii) As part of an article containing a chemical substance or

mixture.

d) Importation means the entry of a products or substances into the

Philippines (through the seaports or airports of entry) after having
been properly cleared through or still remaining under customs
control, the product or substance of which is intended for direct
consumption, merchandising, warehousing, or for further processing.

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e) Manufacture means the mechanical or chemical transformation of

substances into new products whether work is performed by power-
driven machines or by hand, whether it is done in a factory or in the
worker's home, and whether the products are sold at wholesale or
retail.

f) Unreasonable risk means expected frequency of undesirable effects

or adverse responses arising from a given exposure to a substance.

g) Hazardous substances are substances which present either:

1) short-term acute hazards, such as acute toxicity by ingestion,

inhalation or skin absorption, corrosivity or other skin or eye
contact hazards or the risk of fire or explosion; or

2) long-term environmental hazards, including chronic toxicity

upon repeated exposure, carcinogenicity (which may in some
cases result from acute exposure but with a long latent period),
resistance to detoxification process such as biodegradation, the
potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive odors.

h) Hazardous wastes are hereby defined as substances that are

without any safe commercial, industrial, agricultural or economic
usage and are shipped, transported or brought from the country of
origin for dumping or disposal into or in transit through any part of
the territory of the Philippines.

Hazardous wastes shall also refer to by-products, side-products,

process residues, spent reaction media, contaminated plant or
equipment or other substances from manufacturing operations, and
as consumer discards of manufacture products.

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i) Nuclear wastes are hazardous wastes made radioactive by exposure

to the radiation incidental to the production or utilization of nuclear
fuels but does not include nuclear fuel, or radioisotopes which have
reached the final stage of fabrication so as to be usable for any
scientific, medical, agricultural, commercial, or industrial purpose.

Section 6. Function, Powers and Responsibilities of the

Department of Environment and Natural Resources. – The
Department of Environment and Natural Resources shall be the
implementing agency tasked with the following functions, powers, and
responsibilities:

a) To keep an updated inventory of chemicals that are presently being

manufactured or used, indicating, among others, their existing and
possible uses, quality, test data, names of firms manufacturing or
using them, and such other information as the Secretary may consider
relevant to the protection of health and the environment;

b) To require chemical substances and mixtures that present

unreasonable risk or injury to health or to the environment to be
tested before they are manufactured or imported for the first time;

c) To require chemical substances and mixtures which are presently

being manufactured or processed to be tested if there is a reason to
believe that they pose unreasonable risk or injury to health or the
environment;

d) To evaluate the characteristics of chemicals that have been tested

to determine their toxicity and the extent of their effects on health and
the environment;

e) To enter into contracts and make grants for research, development,

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and monitoring of chemical substances and mixtures;

f) To conduct inspection of any establishment in which chemicals are

manufactured, processed, stored or held before or after their
commercial distribution and to make recommendations to the proper
authorities concerned;

g) To confiscate or impound chemicals found not falling within said

acts cannot be enjoined except after the chemicals have been
impounded;

h) To monitor and prevent the entry, even in transit, of hazardous and

nuclear wastes and their disposal into the country;

i) To subpoena witnesses and documents and to require other

information if necessary to carry out the provisions of this Act;

j) To call on any department, bureau, office, agency, state university

or college, and other instrumentalities of the Government for
assistance in the form of personnel, facilities, and other resources as
the need arises in the discharge of its functions;

k) To disseminate information and conduct educational awareness

campaigns on the effects of chemical substances, mixtures and wastes
on health and environment; and

l) To exercise such powers and perform such other functions as may

be necessary to carry out its duties and responsibilities under this Act.

Section 7. Inter-Agency Technical Advisory Council. – There is

hereby created an Inter-Agency Technical Advisory Council attached to the
Department of Environment and Natural Resources which shall be
composed of the following officials or their duly authorized
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representatives:

Secretary of Environment and Natural Resources Chairman

Secretary of Health Member
Director of the Philippine Nuclear Research Member
Institute
Secretary of Trade and Industry Member
Secretary of Science and Technology Member
Secretary of National Defense Member
Secretary of Foreign Affairs Member
Secretary of Labor and Employment Member
Secretary of Finance Member
Secretary of Agriculture Member
Representative from a non-governmental Member
organization on health and safety

The representative from the non-governmental organization shall be

appointed by the President for a term of three (3) years.

The Council shall have the following functions:

a) To assist the Department of Environment and Natural Resources in

the formulation of the pertinent rules and regulations for the effective
implementation of this Act;

b) To assist the Department of Environment and Natural Resources in

the preparation and updating of the inventory of chemical substances
and mixtures that fall within the coverage of this Act;

c) To conduct preliminary evaluation of the characteristics of

chemical substances and mixtures to determine their toxicity and

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effects on health and the environment and make the necessary

recommendations to the Department of Environment and Natural
Resources; and

d) To perform such other functions as the Secretary of Environment

and Natural Resources may, from time to time, require.

Section 8. Pre-Manufacture and Pre-Importation

Requirements. – Before any new chemical substance or mixture can be
manufactured, processed or imported for the first time as determined by
the Department of Environment and Natural Resources, the manufacturer,
processor or importer shall submit the following information: the name of
the chemical substance or mixture; its chemical identity and molecular
structure; proposed categories of use; an estimate of the amount to be
manufactured, processed or imported; processing and disposal thereof;
and any test data related to health and environmental effects which the
manufacturer, processor or importer has.

Section 9. Chemicals Subject to Testing. – Testing shall be required

in all cases where:

a) There is a reason to believe that the chemical substances or mixture

may present an unreasonable risk to health or the environment or
there may be substantial human or environmental exposure thereto;

b) There are insufficient data and experience for determining or

predicting the health and environmental effects of the chemical
substance or mixture; and

c) The testing of the chemical substance or mixture is necessary to

develop such data.

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The manufacturers, processors or importers shall shoulder the costs of

testing the chemical substance or mixture that will be manufactured,
processed, or imported.

Section 10. Action by the Secretary of Environment and

Natural Resources of his Duly Authorized Representative. – The
Secretary of Environment and Natural Resources or his duly authorized
representative shall, within ninety (90) days from the date of filing of the
notice of manufacture, processing or importation of a chemical substance
or mixture, decide whether or not to regulate or prohibit its importation,
manufacture, processing, sale, distribution, use or disposal. The Secretary
may, for justifiable reasons, extend the ninety-day pre-manufacture period
within a reasonable time.

Section 11. Chemical Substances Exempt from Pre-Manufacture

Notification. – The manufacture of the following chemical substances or
mixtures shall be exempt from pre-manufacture notification:

a) Those included in the categories of chemical substances and

mixtures already listed in the inventory of existing chemicals;

b) Those to be produced in small quantities solely for experimental or

research and developmental purposes;

c) Chemical substances and mixtures that will not present an

unreasonable risk to health and the environment; and

d) Chemical substances and mixtures that exist temporarily and

which have no human or environmental exposure such as those which
exist as a result of chemical reaction in the manufacture or processing
of a mixture of another chemical substance.

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Section 12. Public Access to Records, Reports or Notification. –

The public shall have access to records, reports, or information concerning
chemical substances and mixtures including safety data submitted, data on
emission or discharge into the environment, and such documents shall be
available for inspection or reproduction during normal business hours
except that the Department of Environment and Natural resources may
consider a record, report or information or particular portions thereof
confidential and may not be made public when such would divulge trade
secrets, production or sales figures or methods, production or processes
unique to such manufacturer, processor or distributor, or would otherwise
tend to affect adversely the competitive position of such manufacturer,
processor or distributor. The Department of Environment and Natural
Resources, however, may release information subject to claim of
confidentiality to a medical research or scientific institution where the
information is needed for the purpose of medical diagnosis or treatment of
a person exposed to the chemical substance or mixture.

Section 13. Prohibited Acts. – The following acts and omissions shall
be considered unlawful:

a) Knowingly use a chemical substance or mixture which is imported,

manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders;

b) Failure or refusal to submit reports, notices or other information,

access to records, as required by this Act, or permit inspection of
establishment where chemicals are manufactured, processed, stored
or otherwise held;

c) Failure or refusal to comply with the pre-manufacture and pre-

importation requirements; and

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d) Cause, aid or facilitate, directly or indirectly, in the storage,

importation, or bringing into Philippines territory, including its
maritime economic zones, even in transit, either by means of land, air
or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.

Section 14. Criminal Offenses and Penalties. –

a) (i) The penalty of imprisonment of six (6) months and one day to
six (6) years and one day and a fine ranging from Six hundred pesos
(P600.00) to Four thousand pesos (P4,000.00) shall be imposed
upon any person who shall violate section 13 (a) to (c) of this Act and
shall not be covered by the Probation Law.f the offender is a foreigner,
he or she shall be deported and barred from any subsequent entry
into the Philippines after serving his or her sentence;

ii) In case any violation of this Act is committed by a partnership,

corporation, association or any juridical person, the partner,
president, director or manager who shall consent to or shall
knowingly tolerate such violation shall be directly liable and
responsible for the act of the employee and shall be criminally liable
as a co-principal;

(iii) In case the offender is a government official or employee, he or

she shall, in addition to the above penalties, be deemed automatically
dismissed from office and permanently disqualified from holding any
elective or appointive position.

b) (i) The penalty of imprisonment of twelve (12) years and one day to
twenty (20) years, shall be imposed upon any person who shall violate
section 13 (d) of this Act.f the offender is a foreigner, he or she shall
be deported and barred from any subsequent entry into the

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Philippines after serving his or her sentence;

(ii) In the case of corporations or other associations, the above

penalty shall be imposed upon the managing partner, president or
chief executive in addition to an exemplary damage of at least Five
hundred thousand pesos (P500,000.00).f it is a foreign firm, the
director and all officers of such foreign firm shall be barred from entry
into the Philippines, in addition to the cancellation of its license to do
business in the Philippines;

(iii) In case the offender is a government official or employee, he or

she in addition to the above penalties be deemed automatically
dismissed from office and permanently disqualified from holding any
elective or appointive position.

c) Every penalty imposed for the unlawful importation, entry,

transport, manufacture, processing, sale or distribution of chemical
substances or mixtures into or within the Philippines shall carry with
it the confiscation and forfeiture in favor of the Government of the
proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels, and aircrafts used in or
with which the offense was committed. Chemical substances so
confiscated and forfeited by the Government at its option shall be
turned over to the Department of Environment and Natural resources
for safekeeping and proper disposal.

d) The person or firm responsible or connected with the bringing or

importation into the country of hazardous or nuclear wastes shall be
under obligation to transport or send back said prohibited wastes;

Any and all means of transportation, including all facilities and

appurtenances that may have been used in transporting to or in the

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storage in the Philippines of any significant amount of hazardous or

nuclear wastes shall at the option of the government be forfeited in its
favor.

Section 15. Administrative Fines. – In all cases of violations of this

Act, including violations of implementing rules and regulations which have
been duly promulgated and published in accordance with Section 16 of this
Act, the Secretary of Environment and Natural Resources is hereby
authorized to impose a fine of not less than Ten thousand pesos
(P10,000.00), but not more than Fifty thousand pesos (P50,000.00) upon
any person or entity found guilty thereof. The administrative fines
imposed and collected by the Department of Environment and Natural
Resources shall accrue to a special fund to be administered by the
Department exclusively for projects and research activities relative to toxic
substances and mixtures.

Section 16. Promulgation of Rules and Regulations. – The

Department of Environment and Natural Resources, in coordination with
the member agencies of the Inter-Agency Technical Advisory Council, shall
prepare and publish the rules and regulations implementing this Act
within six months from the date of its effectivity.

Section 17. Appropriations. – Such amount as may be necessary to

implement the provisions of this Act is hereby annually appropriated and
included in the budget of the Department of Environment and Natural
Resources.

Section 18. Separability Clause. – If any provision of this Act is

declared void or unconstitutional, the remaining provisions thereof not
affected thereby shall remain in full force and effect.

Section 19. Repealing Clause. – All laws, presidential decrees,

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executive orders and issuances, and rules and regulations which are
inconsistent with this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. – This Act shall take effect after fifteen (15)
days following its publication in the Official Gazette or in any newspaper of
general circulation.

Approved: October 26, 1990

The Lawphil Project - Arellano Law Foundation

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