MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 881 January 30, 1976
EMPOWERING THE SECRETARY OF HEALTH TO REGULATE THE LABELING, SALE AND DISTRIBUTION OF HAZARDOUS SUBSTANCES
WHEREAS, the Food, Drug and Cosmetics Act (Republic Act No. 3720) establishes standards and quality measures for food, drugs and cosmetics;
WHEREAS, there are no substances other than food, drugs and cosmetics that are hazardous to the health and safety of the public;
WHEREAS, there is no law at present that regulates the labeling, sale and distribution of hazardous substances;
WHEREAS, there is an urgent need to adopt appropriate measures designed to protect the people against other hazards to their health and safety;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree, as part of the law of the land, the following:
Section 1. Definitions. For purposes of this Decree, the following terms are defined as follows:
(a) "Secretary" means the Secretary of Health.
(b) "Administrator" means...
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Presidential Decrees
Empowering The Secretary Of Health To Regulate The Labeling, Sale And Distribution Of Hazardous Substances
Presidential Decree No. 881
Summary of Presidential Decree No. 881
Definitions (Section 1):
- Defines key terms like "Secretary" (Secretary of Health), "Administrator" (Food and Drug Administrator), "person", "hazardous substance", "toxic", "highly toxic", "corrosive", "irritant", "strong sensitizer", "extremely flammable", "flammable", "combustible", "radioactive substance", "label", "immediate container", "misbranded hazardous substance", and "banned hazardous substance".
- Provides detailed definitions for terms like "hazardous substance", "highly toxic", "corrosive", "irritant", "strong sensitizer", "extremely flammable", "flammable", and "combustible".
- Excludes foods, drugs, cosmetics, and substances intended as fuels from the definition of "hazardous substance".
Regulations on Hazardous Substances (Section 2):
- The Administrator, upon approval by the Secretary, shall promulgate rules and regulations for implementing the decree.
- The Secretary may declare any substance as hazardous by regulation.
- The Secretary may exempt substances from labeling requirements if full compliance is impracticable or unnecessary for public health and safety.
Seizure and Condemnation of Misbranded Hazardous Substances (Section 3):
- Misbranded or banned hazardous substances in commerce can be seized and condemned by the Administrator.
- Exceptions for hazardous substances intended for export if properly labeled and packaged.
- Condemned substances can be destroyed or sold, with proceeds going to the Philippine Treasury.
- Owners can request release of condemned substances for destruction or alteration under supervision and after paying costs and posting a bond.
Imports and Regulations (Section 4):
- The Commissioner of Customs shall deliver samples of imported hazardous substances to the Administrator upon request.
- Misbranded hazardous substances shall be refused admission, except as authorized by the Administrator.
- Refused substances shall be destroyed unless exported within 90 days or additional time fixed by the Commissioner.
- The Administrator may authorize delivery of imported substances to owners upon posting a bond, and allow relabeling or other actions under supervision.
Examination and Investigation (Section 5):
- Designated officers or employees can enter establishments, warehouses, or vehicles holding hazardous substances.
- They can inspect, obtain samples, and examine labeling.
Prohibited Acts and Penalties (Section 6):
- Prohibited acts include introducing misbranded or banned hazardous substances into commerce, altering labels, receiving misbranded substances, giving false guarantees, and using reused food, drug, or cosmetic containers.
- Penalties include imprisonment of not less than 6 months and 1 day but not more than 5 years, or a fine of not less than 1,000 pesos, or both.
- Exceptions for providing information on source and for receiving substances with guarantees in good faith.
Effectivity (Section 7):
- The decree takes effect immediately upon issuance on January 30, 1976.
Definitions (Section 1):
- Defines key terms like "Secretary" (Secretary of Health), "Administrator" (Food and Drug Administrator), "person", "hazardous substance", "toxic", "highly toxic", "corrosive", "irritant", "strong sensitizer", "extremely flammable", "flammable", "combustible", "radioactive substance", "label", "immediate container", "misbranded hazardous substance", and "banned hazardous substance".
- Provides detailed definitions for terms like "hazardous substance", "highly toxic", "corrosive", "irritant", "strong sensitizer", "extremely flammable", "flammable", and "combustible".
- Excludes foods, drugs, cosmetics, and substances intended as fuels from the definition of "hazardous substance".
Regulations on Hazardous Substances (Section 2):
- The Administrator, upon approval by the Secretary, shall promulgate rules and regulations for implementing the decree.
- The Secretary may declare any substance as hazardous by regulation.
- The Secretary may exempt substances from labeling requirements if full compliance is impracticable or unnecessary for public health and safety.
Seizure and Condemnation of Misbranded Hazardous Substances (Section 3):
- Misbranded or banned hazardous substances in commerce can be seized and condemned by the Administrator.
- Exceptions for hazardous substances intended for export if properly labeled and packaged.
- Condemned substances can be destroyed or sold, with proceeds going to the Philippine Treasury.
- Owners can request release of condemned substances for destruction or alteration under supervision and after paying costs and posting a bond.
Imports and Regulations (Section 4):
- The Commissioner of Customs shall deliver samples of imported hazardous substances to the Administrator upon request.
- Misbranded hazardous substances shall be refused admission, except as authorized by the Administrator.
- Refused substances shall be destroyed unless exported within 90 days or additional time fixed by the Commissioner.
- The Administrator may authorize delivery of imported substances to owners upon posting a bond, and allow relabeling or other actions under supervision.
Examination and Investigation (Section 5):
- Designated officers or employees can enter establishments, warehouses, or vehicles holding hazardous substances.
- They can inspect, obtain samples, and examine labeling.
Prohibited Acts and Penalties (Section 6):
- Prohibited acts include introducing misbranded or banned hazardous substances into commerce, altering labels, receiving misbranded substances, giving false guarantees, and using reused food, drug, or cosmetic containers.
- Penalties include imprisonment of not less than 6 months and 1 day but not more than 5 years, or a fine of not less than 1,000 pesos, or both.
- Exceptions for providing information on source and for receiving substances with guarantees in good faith.
Effectivity (Section 7):
- The decree takes effect immediately upon issuance on January 30, 1976.