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).
National Regulation |
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Implementation officer(s) |
Chemical Management Section (CMS), Department of Environment and Natural Resources (DENR) CMS-DENR-EMB |
Law |
Republic Act 6969 (RA 6969) approved on October 26, 1990 “Toxic Substances and Hazardous and Nuclear Wastes Control Act” DAO 1992-29 Implementing Rules and Regulations of Republic Act 6969 |
Objectives |
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Scope |
(Non) hazardous chemical substances and mixtures in the Philippines |
Target |
Importer-distributors/importer-user-manufacturers/user-manufacturers or any combination of thereby chemicals |
Compliance obligations
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External Links |
Authority’s Application Forms for chemical management applications: https://chemical.emb.gov.ph/?page_id=132 The application and issuance of certificate/permit: https://opms.emb.gov.ph/accounts/login/ |
Philippine Inventory of Chemical and Chemical Substances (PICCS) is an industry-reported list of all existing chemicals and chemical substances used, imported, distributed, processed, manufactured, stored, exported, treated or transported in the Philippines. The updated version (May, 2021) of inventory has so far included 22, 277 chemical substances.
Exemption:
New chemical substances that are not included in PICCS and mixtures have to be notified in Pre-Manufacture and Pre-Importation Requirements (PMPIN) before manufacturing, processing, and importation. Upon approval by the authority, new substances and mixtures will be added into the inventory while manufacturers, processors, and importers are allowed to proceed with operations.
Exemption:
Based on toxicity level, quantity of importation, and use of industry, chemical substances identified as hazardous and can pose threat to public health, workplace, and the environment are shortlisted in the Priority Chemical List (PCL). In total, 48 toxic substances are on the updated list (December 2005). Importers, distributors, manufacturers are required to secure a PCL compliance certificate for their businesses.
Exemption:
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After assessment, DENR-EMB will gradually move the chemicals on the PCL to Chemical Control Order (CCO). In this case, DENR-EMB plans more precisely to control, prohibit, and phase out these chemicals from the Philippines. Importers, users, distributors, manufacturers, and different waste service providers of these controlled chemicals are required to follow general requirements of application.
To comply with various regulations regarding certificate of conformity, a national harmonized Online Permitting and Monitoring System (OPMS) is available. The service covers the compliance certificates for PMPIN and PCL and the certificate/permit required by PICCS (also known as PICCS Tool).
About fines and fee |
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Prescribing graduated administrative fines |
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Schedule of Fees |
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Providing for New Fees and Charges for Various Services of the Environmental Management Bureau |
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About PICCS |
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Additional Chemicals in PICCS |
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Updated Philippine Inventory of PICCS |
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Delegation Of Authority to The EMB Regional Offices to Issue -“Permit to Transport” for Hazardous Wastes -“Certification” and “Importation Clearance” for Chemicals and Chemical Substances |
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About PMPIN |
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Polymers and Polymer of Low Concern Exemption from the PMPIN Process |
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Data Requirements for PMPIN Procedures |
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About PCL |
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Priority Chemicals List |
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Revised Priority Chemical List |
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Prescribing Additional Requirements for the Issuance of PCL Compliance Certificate |
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Supplemental Guidelines for the DAO 2007-23 |
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Implementation of Online Processing of PCL and PMPIN |
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Clarification on the Coverage of Laboratory Facilities under DAO 2007-23 |
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Clarification to DAO 2007-23 |
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About CCO -general rules |
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Toxic Chemical Substances for Issuance of Chemical Control Orders |
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Harmonization of Registration Forms, Issued Certificates and Procedures for Chemical Control Orders (CCOs), and Small Quantity Importation (SQI) |
About CCO -specifics chemical categories |
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Mercury and Mercury Compounds, Cyanide and Cyanide Compounds, Asbestos, Polychlorianted Biphenyls, Ozone Depleting Substances, Lead and Lead Compounds, Arsenic and Arsenic Compounds Other related CCO policies, Chromium (VI), Cadmium https://chemical.emb.gov.ph/?page_id=44
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Philippines adopts UN GHS 4th revision and sets up a four-phase implementation timeline in DAO 2015-09. Currently, Philippines is moving to the fourth phase. Phase one covers the chemical substances listed in PIC and CCO. High volume (500 metric tons or more per year) toxic chemicals are included in phase two. According to the MC2017-010, 232 substances are subject to the system. Phase three expands the inclusion to toxic chemicals described under the International Air Transport Association (IATA) and International Maritime Dangerous Goods (IMDG). The final phase is expected to cover mixtures which a draft policy (Guidelines on the implementation of GHS Classification and Labelling Requirements for mixtures) is now in the process of public consultation. Philippines is expected to adopt the 8th revision in 2022.1
Status |
Adopt UN GHS Rev.4 |
Regulation(s) |
DAO 2015-09: Rules and Procedures for the Implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in Preparation of Safety Data Sheet (SDS) and Labelling Requirements of Toxic Chemical Substances EMB MC 2015-011: Guidance Manual for Department Administrative Order 2015-09, “Rules and Procedures for the Implementation of the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals in Preparation of Safety Data Sheets (SDS) and Labelling Requirements of Toxic Chemical Substances MC2017-010: Guidelines in the implementation of GHS classification and labelling requirement for HVCs EMB2020-09: Guidelines In the Implementation of Globally Harmonized System (GHS) Classification and Labelling Requirements for Chemicals Under International Air Transport Association (IATA) And International Maritime Dangerous Goods (IMDG) |
Scope |
Chemical substances, (high volume) toxic chemicals, dangerous chemicals (identified by IATA and IMDG) |
Exemption |
Chemicals used in the preparation/production of cosmetics, pharmaceuticals, foods, and pesticides |
Language |
English used as the primary language in preparing the SDS |
Comments |
Next step: compulsory GHS compliance for toxic mixtures. |
Food and Drug Administration |
The Rules and Regulations for Implementing RA. 9711 for Household/Urban Hazardous Substances (FDA Act of 2009) |
Philippine National Police |
Rules and Regulations for the Control and Supervision of the Importation, Sale and Possession of Chemicals Used as Ingredients in the Manufacture of Explosives and for other purposes (RA 8294, EO No. 552) |
Occupational Safety and Health Center |
Rules and Regulations in the Implementation of the Occupational Health and Safety Standards when Handling Chemicals in the Workplace (PD 442) |
Philippine Drug Enforcement Agency |
Implementing Rules and Regulations for the Registration and Management of Dangerous Drugs and Controlled Precursors and Essential Chemicals (RA 9165) |
Bureau of Customs |
Customs Memorandum Order No. 9-2015: A regulated imports list includes all regulated chemicals except for those in PICCS and the procedures for acquiring permits. |
The Fertilizer and pesticides authority of the Philippines is responsible for regulating plant protection products (PPP). It draws its power from Section of PD 1144, which states that the Fertilizer and Pesticide Authority (FPA) has jurisdiction over the usage and regulations of plant protection products. Therefore, they are responsible for Safeguarding the population against the risks of pesticide use and inform the agricultural sector on how to utilize these chemicals.
Biorational pesticide is a different category of pesticide compared to conventional pesticides. They are classified into two parts: biochemical pest control agents (e.g., pheromones, hormones, natural plant growth regulators, and enzymes) and microbiological pest control agents (e.g., pheromones, hormones, natural plant growth regulators, and enzymes) (e.g., microorganisms).
All pesticides intended for commercial use in the Philippines should be registered with the Fertilizer and Pesticide Authority, according to Section 9 of PD 1144 and Article II, Sec. 1 of FPA Rules and Regulations No. 1, Series of 1977. Biopesticides are used as a substitute or supplementary products for plant protection. They are also used extensively and somewhat less hazardous than typical biopesticides. But regulated and monitored by the FPA.
The producers are asked to carry out the testing. They are keeping in mind the safety and security of all. Biopesticides have been seen as an integrated pest management policy by the countries. There are also different kinds of biopesticide products mandated by the authorities to follow a different route to get the marketplace's approvals. Biopesticides are still in an evolving phase of their innovations. Countries are assessing their efficacies and have been making ad-hoc decisions about specific products through emergency approvals.
To promote the safe use of plant protection products and dissemination of the correct information among society.
The Philippine Council for Agriculture and Resources Research and other authorized agencies; works in tandem with each other to ensure that to safeguard public health through rational pest control, safety in the use and handling of pesticides, higher product standards, and quality better application methods.
To determine the actual application or application methods for each pesticide or pesticide composition.
To restrict the importation of plant protection goods with pesticide residues above permissible tolerance levels and limit PPP exportation with pesticide residues exceeding acceptable tolerance levels.
Regular audits of PPP license holders at their workplaces and premises to ensure compliance with industrial health, safety, and anti-pollution regulations.
All pesticide handlers must obtain a license from the Fertilizer and Pesticide Authorities (FPA), as per Section 9 of PD 1144 and Sections 1 and 2 of Article III of the FPA Rules and Regulations No. 1, Series 1977.
All the commercial applicators, before marketing and selling PIP and other agricultural pesticide compounds, all technological developers, dealers, importers, and other handlers of PIP and other agricultural pesticide substances must take license numbers from competent authorities in the Philippines. Otherwise, it will be considered a civil or criminal offense.
Requirements for the registration:
Due to their distinctive and contained nature, FPA will register PIPs and other agricultural pesticidal compounds based on the general principles of biorational pesticides, with the appropriate adjustments.
Approach to testing- The method for assessing PIPs and other agricultural pesticidal compounds must be in line with Section 3.2.2.
Data Requirements: According to Section 3.3.2, The following data is necessary for product analysis of PIPs and other agricultural pesticide chemicals.
The product name (gene, protein/s, or substance) and the trade name{s) (if different), the company code numbers.
Confidential Statement of Formula- The application should contain a statement of confidential information.
Ingredient Information- Refer to Section 3.3.2.C for the details.
Transformation process- Data-related sources of genes and DNA elements, the transformation process, genetic stability, etc.
Product Identity - The product name and trade name(s) must be included in each authorization of a biochemical PCA that is a pesticide product (if different). It's possible to provide the corporate code number(s).
Confidential Statement of Formula- This group's product analysis criteria are as follows: A confidential statement of formula would be included in the product registration application. Each variant formula of a product requires its con information of the procedure. In addition, the correct FPA form must be filled correctly.
Information on Ingredients- The following information (if available) about each ingredient mentioned in the confidential statement of formula required by paragraph (B) & must be included in an application form:
1. Each biochemical (including microbial toxins) can be identified by:
a. Biochemical name(s) from the Chemical Abstracts Index of Nomenclature, 1972-1976, or another well-defined name
b. The Chemical Abstracts Service (CAS) Registry Number(s)
c. The structural formula(s), empirical formula(s)
d. The count of the biochemical present in the product in recognized units of potency.
The name of the genus of the organism by which the biochemical was derived or is commonly associated.
The specificity or host range of the biochemical activity and mode of action.
Ingredients, other than biochemicals, can be identified by-
Percentage composition (by weight) of each ingredient.
Whether the substance is a purposefully inserted active component or an impurity.
The chemical name for the Chemical Abstracts or other well-defined name.
The CAS registry number.
The product name, the trade name, and the common name (if established).
The experimental or internal code number.
Assume that at any point throughout the manufacturing process, the existence of components harmful or sensitizing to humans or other non-target mammalian species is detected. In that instance, data must be supplied demonstrating that the chemicals are either not present in the final biochemical product or are present in proportions that are too small to represent a risk.
Discussion on the Formation of Unintentional Ingredients - A discussion of the potential production and presence of unintended components in the product in proportions that may cause undesirable human or environmental impacts must be included in a registration application. Such involuntary components may be introduced during the manufacturing process through the starting material, process solvents, equipment, packaging, and other sources; the manufacturing process should also be provided.
Physical and Chemical Properties- Each manufacturing-use product and each end-use product should provide data on physical and chemical characteristics to support their registration.