Article 36p. 36

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

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 mixtures; 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:

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

product

or

substance 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.

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:

i) 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

ii) 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 manufactured products.

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. Functions, 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, quantity,

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, 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 the standard set by the rules and regulations and

the

said

acts cannot be enjoined except after the

chemicals have been impounded;

© 2018 Compiled by RGL

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