Republic Act No. 6969, An Act to Control Toxic Substances and Hazardous and Nuclear Wastes, and Providing Penalties for Violations Thereof, and for other Purposes or known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act  is the primary legislation of the Philippines which aims to regulate and restrict how chemical substances are used, stored, transported, processed, manufactured, imported, or exported. It was approved on October 26, 1990 and its corresponding Implementing Rules and Regulations was published on July 6, 1992, through Department Administrative Order (DAO) No. 1992-29. The law includes a provision for the use of Chemical Control Orders (CCOs) which prohibit, limit, or regulate the use of priority chemicals determined by the Department of Environment and Natural Resources – Environmental Management Bureau (DENR-EMB). These priority chemicals are found in the Priority Chemicals List (PCL) and have been identified to be regulated, phased-out, or be banned because they pose serious risks to public health, workplace, and the environment.

 

General Requirements for Application of CCO

  1. Registration with DENR and Obtaining import Clearance
  2. Limitation in Industrial Use:
    1. Gradual phase out of import and manufacturing
    2. Gradual substitution of the chemical uses and premises
  3. An annual report must be submitted to the DENR by all manufacturers, importers, and industrial users of chemicals. The following information should be included:
    1. General Information (premise)
    2. Production and management information
    3.  Number and category of employees exposed and exposure duration
    4. Waste generated (fluids, sludge, slurry, scraps, etc.), and storage, treatment, and disposal information (type of treatment and land disposal premises, location, methods, etc.)
  4. Labeling Requirements
  5. Storage Requirements
  6. Treatment and Disposal Requirements
  7. Self-Inspection
  8. Reporting and Recordkeeping Requirement

 

Chemicals subject to CCOs

  • Mercury and Mercury Components (DAO 2019-20)
  • Cyanide and Cyanide Components (DAO 1997-39)
  • Asbestos (DAO 2000-02)
  • Polychlorinated Biphenyls (DAO 2004-01)
  • Ozone Depleting Substances (DAO 2004-08 and DAO 2013-25)
  • Lead and Lead Compounds (DAO 2013-24)
  • Arsenic and Arsenic Compounds (DAO 2019-17)
  • Chromium VI (DAO 2021-09)
  • Cadmium and Cadmium Compounds (DAO 2021-08)
  • Hydrofluorocarbons (HFCs) (DAO 2021-31)
  • Vinyl Chloride (draft)

 

Prohibited Acts and Penalties

Below are the different violations that concern chemical substances and their fines as stated in Department Administrative Order (DAO) No. 1992-29.

Administrative Violations

  1. Knowingly using a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of RA 6969 or its IRR;
  2. Failure or refusal to submit reports, notices or other information, access to records, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held;
  3. Failure or refusal to comply with the pre-manufacture and pre-importation requirements;
  4. Failure or refusal to subject for testing chemical substances and mixtures that present unreasonable risk or injury to health or to the environment before said chemical substances and mixtures are manufactured or imported for the first time;
  5. Failure or refusal to subject for testing chemical substances and mixtures which are presently being manufactured or processed if there is a reason to believe that said chemical substances and mixtures pose unreasonable risk or injury to health and the environment;
  6. Refusing, obstructing or hampering the entry of authorized representatives of the DENR  into any establishment in which chemicals are processed, manufactured, stored or held before or after their commercial distribution for the purpose of conducting an inspection.

 Administrative Fines

  • A fine of not less than Ten Thousand Pesos (PhP10,000.00) but not more than Fifty Thousand Pesos (PhP50,000.00) shall be fined for any person or entity found guilty.

 Criminal Offenses and Penalties

Offenses Penalties
Knowingly using a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of RA 6969 or its IRR; Imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six Hundred Pesos (Php 600.00) to Four Thousand Pesos (Php 4,000.00);
If the offender is a foreigner, he or she shall be deported and banned from any subsequent entry into the Philippines after serving his or her sentence;
In case any violation of these Rules and Regulations is committed by a partnership, corporation, association or any juridical person, the partner, president, director or manager who shall consent to or knowingly tolerate such violation shall be directly liable and responsible for the act of the employees and shall be criminally liable as a co-principal;
Unlawful importation, entry, transport, manufacture, processing, sale or distribution of chemical substances or mixtures into or within the Philippines Confiscation and forfeiture of the proceeds of the unlawful act, instruments, tools or other implements (i.e. vehicles, sea vessels and aircraft used in or with which the offense was committed), and chemical substances by the Government with the option of turning this over to the DENR for safekeeping and proper disposal.
Failure or refusal to submit reports, notices or other information, access to records, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held
Failure or refusal to comply with the pre-manufacture and pre-importation requirements

 

Small Quantity Importation (SQI) Clearance

https://chemical.emb.gov.ph/wp-content/uploads/2017/03/EMB-MC-2015-002-Certificate-Harmonization-small.pdf
https://chemical.emb.gov.ph/wp-content/uploads/2017/03/MC-2016-011.pdf