House okays promotion of safe, non-hazardous children’s products

MANILA — The House of Representatives has approved on third and final reading a measure that seeks to regulate the importation, manufacture, distribution, and sale of children’s products containing hazardous chemicals.

With 189 affirmative votes, the House unanimously approved House Bill 6702 entitled “Safe and Non-Hazardous Children’s Products Act”.

Pangasinan Rep. Marlyn Primicias-Agabas, one of the bill’s authors, warned against the harmful effects of toys that are laden with toxic materials.

“The effect on children cannot be underrated. These chemicals have long-term effects on child development and are at times fatal. Thus, the proliferation of these items in the market should be regulated and penal sanctions should be imposed on the violators of the law,” Primicias-Agabas said.

Under the bill, the Food and Drug Administration (FDA) shall prepare a list of hazardous chemicals which are to be banned or prohibited from being used in the manufacture, production, and preparation of children’s products. The said list will be subject to review at least every two years.

Among the hazardous chemicals used in the manufacture of children’s products include: Antimony; Arsenic; Cadmium; Chromium; Cobalt; Lead; Mercury; Nickel; as well as Phthalates, which include Di (2-Ethylhexyl) Phthalate (DEHP), Dibutyl Phthalate (DBP), Benzyl Butyl Phthalate (BBP), Diisononyl Phthalate (DINP), Diisodecyl Phthalate (DIDP), Di-N-Octyl Phthalate (DNOP) and Bisphenol-A (BPA).

The bill also provides for the disposal of all recalled children’s products, in accordance with the submitted disposal plan of the manufacturer subject to FDA approval.

For its part, the Department of Health is mandated to formulate guidelines for the issuance of licenses to operate, certificates of conformity, quality control orders, and compliance orders.

The DOH shall likewise conduct the necessary research, inspection, testing, accreditation, and investigation of related injuries or deaths in order to fully enforce the provisions of the law.

The bill stated that a multi-sectoral body called the Children’s Product Safety Council (CPSC) – chaired by the Health Secretary -shall be created to serve as primary link and coordinator for its member institutions, such as the Business Processing and Licensing Office (BPLO) of local government units, the private sector, and other stakeholders.

The bill also provides penalties for violators, imposing administrative sanctions such as suspension and revocation of license for violators, as well as the seizure of unregistered, non-compliant or falsely represented products.

Criminal offenders shall suffer imprisonment ranging from one year to 10 years or a fine ranging from PHP50,000 to PHP500,000, or both, at the discretion of the court. (PNA)

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