Article 37p. 37

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

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 representatives:

Secretary of Environment and Natural

Resources

Chairman

Secretary of Health

Member

Director of the Philippine Nuclear

Research Institute

Member

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 organization on

health and safety

Member

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 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.

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.

SECTION

12.

Public

Access

to

Records,

Reports

or

Notification. — The public shall have access to records,

reports, or information concerning chemical substances

© 2018 Compiled by RGL

37 of 244