AUG.

20, 2013

NR # 3201B

Regulated importation, distribution and sale of kids toys containing toxic substances sought
A lawmaker from Mindanao has sought the regulation of importation, manufacture, sale and distribution of kids toys, articles and school supplies laced with toxic and hazardous chemicals to protect childrens health. Rep. Anthony Del Rosario (1st District, Davao del Norte) authored House Bill No. 62, to be known as the Safe and Nontoxic Childrens Products Act, pursuant to Section 15 Article II of the Constitution which states that the State shall protect and promote the right to health of the people and instill health consciousness among them. Del Rosario filed the bill as he expressed alarm over the presence in the local market of childrens toys, articles and school supplies, which contain toxic and hazardous substances that are dangerous to kids. He cited the result of the test conducted by the environmental watchdog EcoWaste Coalition in July 2011 using screening technology utilized by the Environmental Protection Agency and the Consumer Product Safety Commission in the United States of America. The test yielded disturbing and alarming results: 30% of the 200 local and imported toys were tested positive of at least one toxic metal while some even contained more. In the samples tested, six toxic metals in the Priority Chemical List such as lead, antimony, cadmium, mercury, chromium and arsenic were discovered, Del Rosario said. Exposure to these toxic chemicals can cause adverse health effects ranging from asthma and allergy symptoms, acute poisoning, neurological disorders, hyperactivity, deficits in fine motor function, lowered intelligence performance, kidney and skin problems and even cancer among others, Del Rosario stressed. Del Rosario said regulation of these products is necessary to protect the health and welfare of the children. The bill provides for the creation of the Childrens Product Safety Council composed of the secretary of the Department of Health as chairperson, Secretary of the Department of Trade and Industry as vice chairperson and secretaries of the Departments of Environment and Natural Resources, Interior and Local Government, Education, Finance, director of the Food and Drug Administration, the National Consumer Affairs Council as well as representatives from government and non-government organizations engaged in consumer rights and environmental protection as members.

The CPSC shall, among others, provide coordination and linkage mechanisms between and among its members, government agencies concerned, local government units, the private sector and other stake holders. The FDA shall serve as CPSCs secretariat and operational arm. The bill mandates the DOH to establish a website to be maintained by the CPSC, which shall provide basic data on manufacturer, producer, assembler, importer, distributor and seller of covered products; kinds and amount of chemicals and substances used in the production of products; and the potential risks and dangers to consumers. Violation against the provisions of the proposed Act shall be meted with suspension or revocation of license to operate, seizure of products and penalty of imprisonment ranging from one year but not more than 10 years or a fine of not less than P50,000 but not more than P500,000 or both at the discretion of the court. If the offender is a manufacturer, importer or distributor of any product covered under the proposed act, the penalty shall be at least five-year imprisonment but not more than ten years and a fine of at least P500,000 but not more than P5 million. An additional fine of one percent of the economic cost of the violative product or violation or P1,000, whichever is higher, shall be imposed for each day of continuing violation. If the offense is committed by a juridical person, the chairman of the Board of Directors, the president, general manager of the partners shall be penalized. If the offender is a foreign national, he shall be deported without proceedings after serving his sentence. (30) mrs