CHAPTER III HAZARDOUS SUBSTANCE

ARTICLE 42. Declaration of Policy

The State shall adopt measures designed to protect the consumer against substances other than food, drugs, cosmetics and devices that are hazardous to his health and safety. 

ARTICLE 43. Implementing Agency 

The Department of Health, hereby referred to as the Department, shall enforce the provisions of this Chapter. 

ARTICLE 44. Regulations Declaring Household Hazardous and Establishing Variations and Exemptions

The Department shall promulgate the rules and regulations governing the implementation of this Article. To resolve uncertainty as to the coverage of this Article, the Department may, by regulations, declare as hazardous any substance of mixture of substances which he finds meets the requirements of paragraph (ak), clause (1) (i) of Article 4. If the Department finds that for good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Chapter is impracticable or is not necessary for the adequate protection of public health and safety, it shall promulgate regulations exempting such substances from these requirements to the extent he deems consistent with the objective of adequately safeguarding public health and safety, and any hazardous substance which does not bear a label in accordance with such regulations shall be deemed to be a mislabeled hazardous substance. 

ARTICLE 45. Imports: Regulations on Imported Household Hazardous 

a) The Commissioner of Customs shall deliver to the Department, upon its request, samples of hazardous substances being imported or offered for import to the Philippines, giving notice thereof to the owner or consignee who may appear before the Department and exercise the right to make testimony. If it appears from the examination of such samples that such hazardous substance is a mislabeled hazardous substance or banned hazardous substance, then such hazardous substance shall be refused admission except as may be provided in an order issued by the Department authorizing delivery of the refused products or substances under the requirements imposed therein. The Commissioner of Customs shall cause the destruction of any hazardous substance refused admission unless such is exported, under regulations issued by the Commissioner within ninety (90) days from the date of notice of such refusal or within such additional time as may be fixed by him.

b) Pending decision on the admissibility of a hazardous substance being imported or offered for import, the Commissioner of Customs may authorize delivery of such hazardous substance to the owner or consignee upon execution by him of a good and sufficient bond providing for the payment of such liquidated damages in the event of default. If it appears to the Department that the hazardous substance can, be relabeling or other action be made to comply with the requirements of this Article, final determination as to the admission of such hazardous substance may be deferred and upon filing of a timely written application by the owner or consignee and the execution by him of a bond as provided in the provisions of this paragraph. The Department may in accordance with the regulations, authorize the applicant to perform such relabeling or other action specified in such authorization, including destruction or export of such rejected hazardous substance. All such relabeling or other action pursuant to such authorization shall be in accordance with regulations and shall be under the supervision of an officer or employee of the Commission of Customs and the Department.

PROHIBITED ACTS AND PENALTIES

ARTICLE 46. Prohibited Acts

It shall be unlawful for any person to: 

a) introduce or deliver for introduction into commerce of any mislabeled hazardous substance or banned hazardous substance; 

b) alter, mutilate, destroy, obliterate or remove the whole or any part of the label of a mislabeled hazardous substance, or banned hazardous substance, if such act is done while the substance is in commerce or while the substance is held for sale, whether or not it is the first sale; 

c) receive in commerce any mislabeled hazardous substance or banned hazardous substance and the delivery or preferred delivery thereof at cost or otherwise; 

d) give the guaranty or undertaking or referred to in paragraph (b) of Article 93 and paragraph (b) of Article 45 if such guaranty or undertaking if false, except by a person who relied upon a guaranty or undertaking which he received in good faith; 

e) introduce or deliver for introduction into commerce or receive in commerce and subsequently deliver or preferred at cost or otherwise, or a guaranty or undertaking in a reused food, drug, cosmetic or device container or in a container which, though not a reused container, is identifiable as a food, drug, cosmetic or device container by its labeling or by other identification. The use of used food, drug, cosmetic or device container for a hazardous substance does not diminish the danger posed by the hazardous substance involved, therefore, such substance shall be deemed a mislabeled hazardous substance.

ARTICLE 47. Penalties, exception 

a) Any person who violates any of the provisions of Article 46 shall, upon conviction, be subject to a fine of not less than One thousand pesos (P1,000.00) or an imprisonment of not less than Six (6) months but not more than five (5) years or both upon the discretion of the court.

b) No person shall be subject to the penalties of paragraph (a) of this Article for (1) having violated paragraph (c) of this Article 46 unless he refuses to furnish, upon request by the Department or his representative, the name and address of the person from who he purchased such hazardous substances and (2) having violated paragraph (a) of this Article 46, if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person from he received in good faith, the hazardous substance to the effect that the hazardous substance is not mislabeled hazardous substance or banned hazardous within the meaning of that term in this Act.