Regulatory Summary
Republic Act 6969, “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990”, is the key law on chemical management in Philippine. The mandate was published by Chemical Management Section (CMS), Department of Environment and Natural Resources (DENR).
A list of Administrative Orders and Memorandum Circulars among relevant enforcement units have entered into force to implement the Rules and Regulation of Republic Act 6969 (RA 6969). It is first and foremast DAO 1992-29 to take shape the legal framework of chemical management. The framework comprises four national approaches and one international approach: Philippine Inventory of Chemical and Chemical Substances (PICCS), Pre-Manufacture Pre-Importation Notification (PMPIN), Priority Chemical List (PCL), Chemical Control Order (CCO), and Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
May-31-2024
The Food and Drug Administration (FDA) of the Philippines has released an advisory and circular for Pest Control Operators (PCOs) engaged in non-agricultural pest control. Important revisions on licencing, training, and duties for PCOs are outlined in this advisory.
Online License Application
Since June 2023, Pest Control Operators (PCOs) in the Philippines can apply for a License to Operate (LTO) online through the ‘FDA eServices Portal System’. This applies to all PCOs, whether they offer commercial, in-house, or government services. As per FDA Circular No. 2022-010, having an LTO becomes mandatory starting January 1, 2025.
Training and Certification
While specific certifications for Pesticide Handlers and Supervising Pesticide Handlers are still under development, PCOs can currently submit proof of attendance to training from reputable organizations for their staff.
Responsibilities of Pest control operators:
Use only FDA-registered household/urban pesticide products.
Ensure appropriate ‘Personal Protective Equipment (PPE)’ is worn during pest control activities.
Provide safety advice to clients, including re-entry periods after application.
Display signage at treated premises to warn the public before re-entry.
Maintain records of pest control activities, including product inventory, equipment maintenance, and pest control reports.
Report adverse events, pesticide leaks/spills, and related health issues to the FDA.
This update is crucial for all concerned Household/Urban Pesticide Stakeholders. Those who have already filed their applications in Philippines and are ready to register their household pesticides there.
For more information, refer to the FDA Advisory No. 2024-0749 here.
Feb-06-2024
The Department of Environment and Natural Resources (DENR) of the Philippines has released draft Guidelines for Exemption of Impurities, Chemical By-Products, Non-Isolated Intermediates, Alloys, and Statutory Mixtures. The exemptions will be granted under DENR Administrative Order 1992-29, commonly known as RA 6969. In addition the DENR also released draft Guidelines for Confidential Business Information (CBI) Requests.
Guidelines for exemptions
The guidelines will provide guidance on how to obtain exemptions for chemicals that are considered as impurities, chemical by-products, non-isolated intermediates, alloys, and statutory mixtures. Definitions of the different classes of substances can be found here.
In order to apply for an exemption, businesses would need to provide the following documentation:
A signed letter of request
100% composition of the mixture;
Safety data sheet;
Manufacturing process flow;
All supporting documentation justifying the exemption, together with a signed letter of justification.
Applications must be submitted through the DENR’s Online Permitting and Monitoring System (OPMS) for review and evaluation along with a fee of 1,500 Philippine pesos (approximately US$ 27). The application will be reviewed and evaluated within 15 days of receipt.
Except for substances specified in the Chemical Control Orders, once approved, the chemicals would no longer require a permit and would be exempted from Title II of RA 6969.
Additionally, compounds on the Priority Chemical List (PCL) that are not included by the draft order may apply for an exemption under Section 7.2 of the EMB M.C. 2014-003 guidelines. However, in order to do so, their concentration in mixtures must be less than or equal to 1%. For the responsible disposal of by-products classified as hazardous waste, the draft emphasizes compliance with DENR Administrative Order (DAO) 2013-22.
Guidelines for Confidential Business Information Requests
The DENR also issued a draft administrative order to clarify the procedure for obtaining Confidential Business Information (CBI) on chemical assessments mandated by RA 6969.
The following permit applications and CBI requirements on confidential chemical compositions are covered in the draft:
Priority Chemical List (PCL) Compliance Certification or exemption
Premanufacture Preimportation Notification (PMPIN) and its exemptions
Chemical Control Orders (CCOs)
All the details on CBI requests can be found in the guidelines here.
Both draft guidelines would come into force fifteen days after their national publication in a newspaper of general circulation and upon acknowledgment of receipt of a copy hereof by the Office of the National Administrative Register (ONAR), UP Law Center.
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